How many life insurance policies does a cross-purchase agreement require?
Key takeaway
A cross-purchase agreement for a company with n owners requires n times (n minus 1) separate life insurance policies, as practitioners describe it. In a two-owner agreement, each owner buys a policy on the other's life. Each owner carries coverage on every other owner, so the policy count grows with each owner added. Surviving owners use the proceeds to buy the deceased owner's shares.
The policy count grows with the number of owners
The number of policies in a cross-purchase agreement depends on the number of owners. The formula reflects the fact that each owner purchases coverage on each of the other owners.
Each policy exists to fund a buyout. Every policy is therefore tied to a specific co-owner whose shares may need to be purchased.
A two-owner agreement is the simplest case.
Individual owners hold the policies and pay the premiums
Policy ownership in a cross-purchase structure sits with the individual business owners. Practitioners describe each owner as buying a policy on the other owner, paying the premiums personally, and serving as the beneficiary.
Surviving owners hold policies on one another. After a death, they purchase the deceased owner's shares using proceeds paid directly to them.
Practitioners also note that a cross-purchase requires owner policy maintenance and premium payment coordination. With several owners, each of those tasks spans every policy in the formula above.
Basis is the tax point practitioners raise
The purchasing owner is the surviving owner who buys the deceased owner's shares with the policy proceeds.
The same structure places the policies outside the company.
How the formula scales as owners are added
Adding an owner adds policies on both sides of the arrangement. The new owner needs coverage on every existing owner, and every existing owner needs coverage on the new owner.
Because n appears twice in the formula, the policy count rises faster than the owner count. Each added policy carries its own premium, paid personally by the owner who buys it, along with its own maintenance.
Common questions
Who pays the premiums in a cross-purchase agreement?
Practitioners describe the owners as paying the premiums personally, since each owner buys the policy on another owner and is the beneficiary. Practitioners add that the structure calls for coordination of premium payments and upkeep of the owner-held policies.