Captive Insurance (831b): Turning Business Risk into Personal Wealth

Tax Tips / Business Owner

Captive Insurance (831b): Turning Business Risk into Personal Wealth

By Team BMT Jan 09, 2026

💡 Executive Summary

  • Problem: Businesses pay huge premiums to commercial insurers for generic coverage, and that money is gone forever (Sunk Cost).
  • Solution: Form your own “Micro-Captive” Insurance Company to insure bespoke risks (Brand, Cyber, Supply Chain).
  • Result: Operating Business deducts premiums (Exp) ➔ Captive receives them Tax-Free (Rev) up to ~$2.8M/year.
⚠️ IRS “LISTED TRANSACTION” ALERT
Captives are under high scrutiny. It must be a real insurance company with risk distribution and actuarial pricing. If you use it solely as a tax shelter without genuine risk transfer, the IRS will dismantle it.

For profitable business owners (Tier L3+), the “Micro-Captive” election (IRC § 831(b)) is the ultimate arbitrage. It allows you to move pre-tax dollars from a high-tax environment (your operating company) to a 0% tax environment (your captive), provided you play by the insurance rules.

🧐 Core Mechanic: The 831(b) Election
Small insurance companies (premiums < $2.8M indexed) pay 0% Federal Income Tax on their underwriting profit. They only pay tax on investment income.

Performance Simulation

Cash Flow Impact ($2M Premium)
Commercial Insurance (Expense) $2M Gone Forever
Sunk Cost
Captive Insurance (Asset) $2M Retained in Family
Wealth Created

Commercial vs. Captive

Feature Commercial Insurer Your Captive (831b)
Deductibility 100% Deductible 100% Deductible
Underwriting Profit Kept by Insurer Kept by YOU (Tax-Free)
Investment Income Kept by Insurer Kept by YOU (Taxable)
“Don’t just insure your business; own the insurance company. It turns ‘Risk Management’ into a profit center.”
BMT designs for tax reality, not theory.