Key Person Insurance Tax Calculator
Calculate the corporation tax treatment of key person insurance premiums and whether proceeds are taxable. Model the trading deduction vs capital receipt rules for UK businesses.
Key Person Insurance Tax Analysis
Whether key person insurance premiums are CT-deductible and whether proceeds are taxable depends on the purpose test: if the purpose is to cover lost trading profits, premiums are deductible and proceeds are taxable. If the purpose is capital (e.g., to repay a business loan), premiums are not deductible and proceeds are not taxable.
Frequently Asked Questions
What is key person insurance?
Key person insurance is a life or critical illness policy taken out by a company on the life of an employee or director whose death or serious illness would significantly impact the business. The company pays the premiums and receives the policy proceeds.
How is the corporation tax treatment of key person insurance determined?
HMRC's approach (outlined in BIM45525-45535) is a purpose test: if the insurance is to protect against lost trading profits (trading purpose), premiums are CT-deductible and proceeds are taxable income. If the insurance protects capital (e.g., covers a loan), premiums are not deductible and proceeds are not taxable.
What is a 'trading purpose' for key person insurance?
Trading purposes include: covering the cost of recruiting and training a replacement, covering lost profits during the search period, protecting against the loss of a key sales person's revenue. The policy must not be permanent, must be short-term term assurance, and the key person must not have a substantial shareholding.
Does key person insurance count as a benefit in kind?
If the policy is on an employee's life (not a director), the premium may be a taxable benefit in kind reported on P11D. However, if the employer is the sole beneficiary and the policy protects business interests (not the employee/family), there is generally no BIK.
What happens if a key person dies?
The company receives the tax-free or taxable proceeds depending on the policy purpose. If the proceeds are taxable (trading purpose), they are treated as trading income in the year received and subject to corporation tax. The company then uses the net-of-tax proceeds to fund the cost of replacement or cover lost profits.
Can key person insurance proceeds be used for any purpose?
Yes — once received, the proceeds belong to the company and can be used for any business purpose: paying debts, funding recruitment, compensating shareholders. However, if the proceeds are used for shareholder benefit (e.g., paying dividends), this does not change the tax treatment of the proceeds themselves.
Should the key person have a substantial shareholding for the policy to get CT relief?
If the key person has a substantial equity interest (typically more than 5% of the company), HMRC is more likely to view the insurance as protecting a capital interest rather than a trading activity. This can disqualify the CT deduction on premiums. Policies on minority-shareholding employees are safer from a CT perspective.
What is the difference between key person insurance and shareholder protection?
Key person insurance protects the business from the financial impact of losing a key employee/director. Shareholder protection enables surviving shareholders to buy out a deceased shareholder's shares. Shareholder protection is generally a capital policy — premiums not CT-deductible, proceeds not taxable. They serve different purposes and should be structured separately.