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Why Can't You Fund A Universal Life Policy With One Lump Sum? - YouTube
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5 years of funding for tax-free
income. In this episode, we are going to
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address the question "Why can't you fund
a universal life insurance policy with
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one lump sum?" This is number 5 video
in a series of twenty one titled Secrets
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To a Tax-Free Retirement.
I implore you to watch all of these 4
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hours of your time could generate an
extra million dollars of cash tax-free
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that will generate $100,000 a year of income for the rest of
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your life.
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So, my name is Doug Andrew and I've been
a financial strategist, retirement
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planning specialist for more than 45
years. My favorite financial vehicle
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especially for retirement, business
owners, college funding, real estate
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management bar none is a max-funded,
tax-advantaged indexed universal life
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insurance contract. Because it passes the
liquidity safety and rate of return
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tests with flying colors and it's tax
free to boot. So, in this episode, we are
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going to talk about why you cannot put
all of your money in one lump sum into
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an indexed universal life insurance
policy since June 21st 1988. So, in
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episodes 1 through 4, I talked about the
history behind the emergence of
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universal life insurance, the brainchild
of EF Hutton. And when they came out with
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the idea in 1980, it was like, "Wow!" And
there was this massive exodus of money
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that began to go from the banks and the
credit unions and the brokerage firms
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into these contracts with a multi
trillion dollar insurance industry, the
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backbone of America and the backbone of
the world. And so the IRS came in and
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they challenged it and in the last
episode I talked about tax citations
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Tefra and Defra. That dictates the
minimum amount of insurance required
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based upon your age and gender to have
your money accumulate tax-free and be
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able to access that money tax-free. Well,
there were a lot of brokerage firms,
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banks and credit unions that were
jealous back in 1984, '85, '86, '87. They
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couldn't compete. And they were pouting.
We cannot compete with this. You've got
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to help us out. People are coming and
taking money out of our banks out of our
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brokerage firms and they're putting them
into these max funded insurance policies
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because they're safer. They pay higher
interest, they don't have near the risks,
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the safety is way higher. And they're
tax-free. And when they ultimately pass
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away, they blossom.
They couldn't even come close to doing
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that. So, you know what? They all got
together and lobbied congress. And they
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succeeded in 1988. The exact date, June
21st. I will never forget that day. They
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convinced congress under the technical
and miscellaneous Revenue Act of 1988.
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Now, that spells the acronym TAMRA. T-A-M-R-A.
They convinced Congress to slow the flow
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of money from their institutions which
were actually inferior into these
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which were superior. They said, you've got
to slow the flow. Make it so that people
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aren't coming in and grabbing a big lump
sums and putting him over to these
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institutions. Well, I thought this is
going to come back and hurt them. But
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they wanted to make sure that the money
took at least 5 years to leave their
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institution. So, Tamra said this. After
June 21st 1988, if you wanted to maximum
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fund a universal life insurance contract
up until that point, okay? If you wanted
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to put in let's say 500,000 in a month
fell swoop. Which many of my clients put
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in $500,000, a million. You
could do that and you could hit the
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ground running at a 10% net
internal rate of return. People would put
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in a million dollars and start accessing 100,000 a year of tax-free
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income. Well, that all changed June 21st.
1988, what happened is when you went in
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and put in a lump sum... By the way, if you
had an insurance contract prior, you
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didn't have to abide by the new law. See,
people who had universal life before
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Tefra, Defra or Tamra were
grandfathered. So, that's why it's so
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important to grandfather yourself so
that you don't have to adhere to new tax
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law changes. Now, thank goodness, they
haven't had any other tax law changes as
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they relate to universal life since then.
But if they ever did, you want to make
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sure your grandfathered. But after June 21st, if somebody came to me and they
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wanted to throw in let's say a half a
million dollars into the insurance
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policy, they could still do that. But it
would only grow tax-free. And if they
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died for the 60-year-old under Tefra
Defra, the death benefit minimum would be
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a million two fifty. If they died, they would
leave behind a million 250,000 tax-free.
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Well then, what did they change? So, your
money accumulates tax-free still. When
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you die, it transfers tax-free. Oh, what
about the access? What about the tax-free
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income? See, universal life was the
brainchild of Hutton for living benefits.
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Tamara said this: "If you throw in a big
lump sum and you want to start taking
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out income, now it's taxable." And it's
taxable LIFO. Now, that means last in
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first out. That means you have to start
paying tax on all the interest first
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just like annuities and most investments.
If you wanted tax-free income, you had to
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comply with Tamra. So, what did you have
to do? So, let me explain Tamra in this
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way: I often compare a max funded
universal life insurance policy to a
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bucket. This is a bucket where you want
to put your money to accumulate cash. And
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so many times the people would tell me
how much money they want it to be
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grandfather to put into the bucket. You
don't have to put this all in at once.
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But prior to June 21st 1988, if I had
somebody that wanted to come in and fill
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it up in one fell swoop with $500,000,
they could do that. And they could start
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taking out income immediately or this
would double to a million and 7 to
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10 years. And whatever it grows and
however it grows to, you can then start
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taking out income tax-free. The income
was tax-free. Tamra changed that. And they
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said, "Well, if you put that in in one fell
swoop, it will only grow tax-free." And
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when you die it blossoms and transfers
tax-free. What does that blossom to if
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you die the next day? For a 60-year old,
that would be
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$1,250,000, okay? So a million two hundred fifty. Okay? A
million two fifty. But this is the amount or
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what is called the guideline single
premium. Tamra said this: 'If you want to
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take tax-free income out of here, this
bucket as it grows, you cannot put this
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in all at once. You have to spread it out
over at least 5 years of its
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universal life. If its whole life, you
have to spread it out over 7 years."
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That's one of the reasons why I like
universal life over whole life. I get my
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money in faster and it's more flexible.
So, since we're talking about universal
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life, that means that the most I could
put in would be about 20% of that
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or about $100,000. This varies plus or
take a few dollars depending upon your
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age. But basically you can only fill up
the bucket 20% of the way. A
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$100,000. Now, why did they do
that? Because they were slowing the flow.
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If you have a half a million, you want to
reposition and you can only put in
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100,000 here. Most banks and
brokerage firm said, "Oh, we still get
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to keep the other 400,000 for
another year." And then next year, you can
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put in another 100. In other words,
you can have up to 200,000
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in there. And the next year, okay? This is
one year and one day later. You can have
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up to 300,000 of
deposits into here. And then
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400,000. And finally, you can put in the
last 100,000. Now, if you put
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this in the first day of the first year,
in 4 years and one day, you could put
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in the 100.Now, you've complied
with Tamra. And now, forever after, the
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income you take out of here, the 500 it doubles to a million, to
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2 million, to 4 million, to 8 million.
Whenever you start taking out income,
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it's tax-free. Because you complied with
Tamra by not funding the policy, the
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bucket faster than 5 years. This is
7 years or what is called the 7
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pay test with whole life. I can maximum
fund this. Now, what's neat is I don't
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have to put in 100(thousand).
put in 10,000. That covers the cost of
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the insurance easy. That means I have
90,000 of room that I could have put in
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that I didn't use. Tamra is one of the
rules that if you don't use the room, you
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don't lose the room. So, I've had people
put in 10 thousand, 10 thousand, 10 thousand. And in 3
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years and one day or 4 years and one
day, they finally got a windfall and
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inheritance. And if they've only put in
40,000 and they could have now put in
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500(thousand), they can put in 460,000 in one year
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because they're making up for the room
they didn't use. So, this is very powerful
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when you're designing a maximum-funded
insurance contract in compliance with
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Tamra. So, let me tell you what happens if
you violate Tamra. If your objective is
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death benefit, you don't really have to
worry about Tamra because if you're
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putting in the money and you're trying
to leave behind the most money when you
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die with a tax-free death benefit, you
don't even have to worry about Tamra in
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my opinion. But if you're wanting to
preserve the right to make sure you can
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have access to tax-free withdrawals or
income in retirement, you want to make
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sure you comply with Tamra and not fill
up your insurance policy any faster than
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5 relatively equal installments.
That's the fastest you can fill it up.
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You could take 20 or 30 years to put in
your money. But the fastest you can put
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it in is 4 years and one day. Does that
make sense?
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Now, what if you put in more? First of all,
the insurance company will refund you
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the amount. If you put in more than
Tefra never allows, they have to refund
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it to you. Because now you violated the
definition of tax-free insurance. But if
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you put in more money, in other words, if
you put in 100,000 the first
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year and all of a sudden you put in
another hundred thousand on the 365th
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day, not the 366th day, you violated Tamra. Bells,
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whistles go off. And it goes Mec! Mec!
Mec! Like a dump truck backing up, okay?
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What's a MEC? M-E-C, that's a modified
endowment contract. That means
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that when you violate Tamra, you've
created a modified endowment contract.
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And if you go to access money, it's going
to be taxable now instead of tax-free.
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That's not the end of the world. Because
the IRS says sometimes people just make
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mistakes and they pay money sooner than
they needed to. And so you can perfect a
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Mec, okay? So, as I often say, if you MEC
it up,
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you can unmec it. You actually have a 60
day window after the next policy
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anniversary to perfect the Mec, how do
you do that? You just tell the insurance
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company, "Oh, I made a mistake, refund me.
Refund me the money I put in there." So, if
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you put it in on the 360 fifth day, you
have basically 61 days to ask for a
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refund and then you can put the money
back in again and now it's perfected. If
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I put in a whole half a million on the
first day of the first year and created
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a mec, I actually have that year plus 60
days of the next year to perfect the
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mec. And they would refund me the 400,000 and the interest on
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that. And then I could redeposit just
another 100,000. When you fund
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it according to the Tamra guidelines, you
now preserve the right ever after to
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have tax-free income. So, sometimes when I
teach audiences about Tefra, Defra and
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Tamra, they hear about Tamra and they go,
"Shucky darn." Well, yeah. Sometimes we have
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to spread it out but it's well, well
worth it to do it. It doesn't mean you
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have to wait 5 years to access money.
If I put in 100,000 the first
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year, a 100,000 the second, 100,000 on the third and all of
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a sudden I have an emergency, I can go
grab money. This has nothing to do with
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when you can access money, you don't have
to wait 5 years. But if you are going
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to be using a retirement income and you
want tax-free income, it would behoove
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you to wait four years and one day at a
minimum, get the money in there, maximum
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fund it and then start taking out income
somewhere there after after it continues
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to grow tax-free and provide that
incredible tax-free rate of return. So,
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this is why Tamra was
pass to slow the flow. Do you know that
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within 3 weeks after the Tamra law
was passed in 1988, the insurance
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industry came out with temporary sight
buckets where you could park the excess
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money for 3 or 4 years or
annuities. And so, it really didn't solve
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or give the brokerage firms in the banks
the money. But they never rescinded the
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law. So, we must comply with Tamra to this
day. We are the number one experts that
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teach tax attorneys law firms all over
the country, CPAs about Tefra, Defra and
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Tamra as it relates to section 72E, 7702,
and 101A. If you want to learn about
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this, my eleventh book, The Laser Fund is
300 pages of charts graphs explanations.
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And you flip it over and there's 12
chapters with 62 actual clients stories.
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I'll tell you what, I'll buy this book
for you and send it out to you. You just
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pay $5.95 shipping and handling by going
to laserfund.com. And you can also get
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an audio version or a digital version.
There's an 18-hour master class. But I
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implore you to watch this episode next
and connect the dots on how powerful
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this can be for all kinds of financial
goals.
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