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4) Applying Variable Interest Entity Guidance to Common Control Leasing Arrangements (ASU No.
2014-07) provides private companies with an exemption from applying the variable interest entity (VIE) consolidation model to an affiliate from whom the private company leases an asset.
In recent years, smaller, closely held businesses have also learned that the captive insurance entities can provide them significant benefits.
These include the attractive risk management elements long appreciated by the larger companies, as well as some attractive tax planning opportunities.
These insurance subsidiaries or affiliates were often domiciled offshore, especially in Bermuda or the Cayman Islands.
The risk management benefits of these captives were primary, but their tax advantages were also important.
(NYSE: KMI) Q2 2017 Results Earnings Conference Call July 19, 2017 p.m.
A properly structured and managed captive insurance company could provide the following tax and nontax benefits: Since captives became accepted in the United States, a number of types have evolved. 531 (1941), which stated that insurance must include elements of risk shifting and risk distribution.
These include “pure captives,” where the insurance company insures the risks of one group of related entities; “association captives,” where the captive insurance company covers the risks of the members of a particular association; and “agency captives,” where the captive is owned and operated by one or more insurance agents to insure the risks of their clients. Besides obtaining an insurance license from a state or a foreign jurisdiction, the captive must provide insurance to the operating company or its affiliates. To meet the risk-shifting requirement, the operating company must show that it has transferred specific risks to the insurance company in exchange for a reasonable premium.
And all three companies involved were already incredibly complex — not just in their organizational and business structures, but in their ownership and capital structures as well.
It’s certainly possible that the combined Dell-EMC entity could sell assets to generate additional cash in the future, including anything from a partial sale of VMware (easiest to do as it is already publicly traded) or an IPO of Dell’s security business Secureworks (For now, the short answer is that Dell plans to fund the deal through a combination of (1) stock, (2) new equity, (3) debt, and (4) existing cash.