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Did You Know?

Video on Why a Home Insurance Revolution

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Did You Know?

Roth Accounts Are Safe to Stay for Now

Uncle Sam is pushing Roth retirement accounts for now, and I see no sign of change in the near future.

I came across this interesting article on Kiplinger.com published on June 11, 2023. The author DAVID FAULKNER did an excellent job in highlighting the recent moves by lawmakers encouraging people to contribute more to #RothAccounts.

Being a practitioner, Faulkner does not blow the loudest trumpet for recent changes installed by Washington, but uses a cautious tone in his discussion on “Rothifying” retirement plans. If anything, he alerts us, “there are benefits and drawbacks to each type of account.”

That said, it is easy to see that the recent upsurge arises for a reason or reasons, especially on the government side. For one thing, #SIMPLE and #SEPIRAs can now accept #RothContributions, while “Prior to the passing of SECURE 2.0, SIMPLE IRAs and SEP IRAs could accept only pre-tax funds.”

This is not a small feat if we keep in mind how many sole proprietors there are in the country: about 27.8 million non-farm sole proprietors in 2022 (https://lnkd.in/gcZGq5gf.)

Another important change: “Workplace plans can allow employer-matching contributions to be made on an after-tax (Roth) basis.” Recall in my own post “Roth or not Roth, this is the (retirement) question” I specifically said employer’s contribution is using pretax money, which means the employee contribution (using after-tax money) must be separated from employer contribution (using pretax money). Allowing both contributions to be on the same page is a convenient plus.

“Effective in 2024, 529 college savings plan beneficiaries will be permitted to roll over up to $35,000 penalty-free from their plan to a Roth IRA over the course of their lifetime.” This makes sense given #529Plan works the same as Roth: Contribution with after-tax money and distribution is tax-free.

Uncle Sam seems to want to collect more tax revenue now rather than later, and no other law change is more revealing than this one: “Starting in 2024, all catch-up contributions for workers with wages over $145,000 during the previous year must be deposited into a Roth account. (This year, as in the past, pre-tax or Roth contributions are allowed.)” By requiring #HighEarners to make after-tax contributions, Uncle Sam can gather more tax in 2024 and beyond.

This is the reason I believe Roth retirement accounts are safe to stay now and for the near future, as Congress wants to gather more tax revenue today than later.

The only weakness of this article is to talk about “retirement savers” in general without separating people with different income levels and income structure (in terms of active, passive, and portfolio), like I did in my post. That said, this article updates us with the latest legal changes, something my post did not do.

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Did You Know?

Roth or Not Roth, This Is the Retirement Question!

This is the full-length version of my LinkedIn post https://lnkd.in/evM2KjbC published on June 27, 2023, quoting an excellent article on Forbes entitled “Retirement Account Taxes: Should You Pay Now Or Later?” by Tolen Teigen on December 14, 2022. I promised to write a longer post on my WordPress site and now it comes.

The Takeaways:

  1. Two retirement investment strategies are to invest for retirement using pretax money or after-tax fund. The former is called #TaxDeferral while the latter #TaxNow.
  2. #TaxDeferral says we should always delay paying taxes as much as possible for as long as possible. The financial products or the investment vehicles that fit this approach include traditional IRA and 401(k), both are funded by pretax (i.e., skipping tax or paying $0 tax on the current year) money in contribution.
  3. #TaxNow goes the other way by saying we should pay contribution taxes today and become worry-free for the future when we take our money out, typically during retirement ages. The financial products or the investment vehicles fitting this approach include Roth IRA and Roth 401(k), both are funded with after tax (i.e., not skipping tax) money in contributions.
  4. If there were no Roth retirement accounts, the Tax Deferral approach would remain popular forever, because not many income or contributions are deemed “qualified” by IRS.
  5. One fundamental difference between Roth and non-Roth (i.e., traditional) retirement accounts is the time when taxes are levied. Tax deferral saves on contributions today, while tax now saves on distribution later.
  6. Contribution, distribution and conversion are the three crucial timepoints all with direct tax consequences. Contributions come before distribution, while conversion happens in between the two.
  7. Tolen Teigen argues that the only key factor to consider whether to invest in Roth or in traditional retirement accounts is the tax brackets you will be in now and in the future. To the extent that retirement means lowering tax brackets, we should invest in traditional retirement accounts.  
  8. My own model adds two more factors: expected future income after retirement and possible tax law changes on Roth accounts. Both favor investment in the Roth accounts.
  9. Working- or middle-class people generally rely on active income through employment, and retirement marks a turning point toward lower income; while high net worth individuals are more likely to have active, passive and portfolio incomes and retirement may mean a harvest time with higher income than before. These people will benefit more from Roth accounts (Roth IRA & Roth 401(k)).
  10. The uncertainty in future tax law further encourages investment into Roth accounts as much as possible and as early as possible.

Tax Deferral vs Tax Now

Teigen asks a meaningful question of whether we should follow the #TaxDefferal or #TaxNow strategy to save on taxes. In truth, the two tax strategies apply to many different incomes and investments but since Teigen limits himself to retirement savings and investments, let’s do that as well.

Deferred taxation (#TaxDeferral) approach basically says if possible, we should always delay paying taxes as much as possible for as long as possible. The financial products or the investment vehicles that fit this approach include traditional IRA and 401(k), both are funded by pretax money in contribution.

#TaxNow goes the other way by saying we should pay our taxes today and become worry-free for the future when we take our money out, typically during retirement ages. The financial products or the investment vehicles fitting this approach include Roth IRA and Roth 401(k), both are funded with after tax money in contributions.

The two approaches do not have the same popularity or the number of followers. #TaxDefferal is without a doubt the dominant strategy. If there were no Roth accounts (Roth IRA and Roth 401k), #TaxDefferal would remain its dominance forever. The reason seems to be obvious: Not many types of income are deemed as “nontaxable” by IRS or more accurately tax “deferrable.” So why not take advantage of that rare opportunity and legitimately skip paying taxes?

The Crucial Timepoints for Tax Savings

One fundamental difference between Roth and non-Roth (i.e., traditional) retirement accounts is the time when taxes are levied. Let me first introduce the #ThreeTimepoints of #Contribution#Distribution and #Conversion, which all trigger direct tax consequences.

There is a clear sequence among the three: Everyone’s retirement investment starts from contribution, which is when you add money to your retirement account, typically while you still work. But contributions can be made anytime throughout lifetime, even after retirement. All retirees can contribute to traditional IRAs if they earn income, retirees can also contribute earned income (e.g., salaries, wages, tips, or bonuses but not capital gains, dividend or investment interest) to a Roth IRA indefinitely.

Contribution is just one side of the retirement story. At one point of your life you must take the money out to better enjoy your retired life, whether through lumpsum (e.g., in a life insurance policy) or stream of periodical payouts (e.g., in an annuity). This is called distribution or withdrawal. Contribution must happen first, and distribution must follow contribution.

Finally, conversion can happen anytime between contribution and distribution. For example, one can convert a traditional IRA to a Roth IRA and that is a taxable event in the eyes of IRS. This post does not talk much about conversion but only contribution and distribution.

Rules Governing Distribution

Both contribution and distribution are governed by tax rules. For distributions one rule is called the “Required Minimum Distribution (RMD),” which applies to traditional IRAs, SEP IRAs, SIMPLE IRAs, and retirement plan accounts such as 401(k), 403(b), and 457(b) accounts. RMD demands that at certain age (72 now for most retirement accounts) one must take retirement money out, and if one does not withdraw at all, or withdraw less than the RMD amount, you may still be subject to a penalty.

Let’s say you have a traditional IRA with a balance of $500,000 at the end of 2022, and you turn 73 in 2023. Now, according to the IRS life expectancy table, your life expectancy factor is 24.7, which basically says on average you have another 24.7 years to live.

To calculate your RMD, divide your account balance by your life expectancy factor: $500,000 ÷ 24.7 = $20,243.90, this is the minimum amount you must withdraw from your IRA for the current year to meet the IRS requirements.

And if you failed to withdraw that $20,243.90, the IRS has the authority to take 25% out of your account, which comes to roughly $5,061.

But if you take out anything less than $5,061, IRS can still punish you. For example, say your RMD is $50,000 and you only take $30,000, you’d be short $20,000 and could owe a penalty of $5,000 (i.e., 25% of $20,000) to IRS.

(Note the RMD penalty used to be 50%, but it has been reduced to 25% starting in 2023 with the passage of the SECURE Act 2.0, effective in 2023.)

Importantly, funds in the Roth accounts are not subject to RMD during the account owner’s lifetime, adding another attractive feature to Roth, which is not only tax-free for distribution but RMD free.

Crucial Decisions Require Conscious Attention

The common feature shared by contribution, distribution and conversion is consciousness, meaning they don’t just happen but require one’s full attention and conscious decisions.

Consider “investment earnings” for a comparison, which also have tax consequences just like contribution, distribution and conversion but don’t require conscious decisions because they work in the background, more or less automatically, much like interest earnings from depositing money in the bank. Investment earnings also occur continuously, not a discrete event.

How Are Crucial Timepoints Related to Tax Strategies?

Now that we know the #ThreeCrucialTimepoints above, #TaxDefferal is the #SaveOnContribution strategy, while #TaxNow is #SaveOnDistribution strategy.

Contributing without paying taxes (e.g., traditional IRA, 401k) is like parking your car head in first: It’s convenient and you are not required of paying any tax. Later on, however, after you are done with shopping you want to leave the parking lot. At that point you do have to pay taxes on the distribution of your earlier contributed money for retirement. This is like backing out of the parking lot with tails first.

On the other hand, #TaxNow or #SaveonDistribution approach corresponds to “Backing in, driving out” parking method. Since you have taken the trouble of parking your car with tail in first (i.e., paid your tax for the retirement investment), after you finish shopping you can hop into the car and drive off smoothly, knowing you have no tax to worry about.  

Teigen vs. “Wooster” Models

Of course, #TaxNow and #TaxDeferral differ not just by convenience but by financial payoff, which is the whole point behind Teigen’s discussion and mines.

Teigen’s core idea is very simple: It considers which #TaxBracket you are (and will be) during different stages of your life. By this factor #TaxDeferral (i.e., #SaveOnContribution) makes a lot of sense as most people will enter a lower #TaxBracket during #Retirement than they are working. #TaxNow or #TaxOnDistribution makes sense only if no change in #TaxBracket or even increase to a higher bracket, such as when someone just begins working vs 20 years later with several promotions in their career.

My model adds two more factors to Teigen: expected future earnings and possible tax code change with Roth accounts (Roth IRA and Roth 401k). I call it the “Wooster” model as my friends back in college called me “Wooster” even though my real last name is “Wu.”

The Wooster model is more complete and will make substantial differences when we take three dimensions into consideration at the same time: #TaxBrackets, #FutureEarnings and #TaxCodesChangeOnRoth.

Overall, my model will tip the balance toward #TaxNow or #SaveOnDistribution, in favor of using — or converting to — the Roth accounts as the main retirement investment vehicle, especially for high income earners.

For the rest of us, putting money in a regular 401(k) or regular IRA is fine. As a general strategy, I agree with Teigen that we can and should use both strategies, meaning investing in both traditional IRA and 401k and the Roth accounts.

Why Future Earnings Matter

Focusing on tax brackets has a logical problem: The tax bracket is determined by income. For the 2023 tax year, we have the following brackets with the corresponding incomes (for single filers):

  • 10%: $0 to $11,000
  • 12%: $11,001 to $44,725
  • 22%: $44,726 to $95,375
  • 24%: $95,376 to $182,100
  • 32%: $182,101 to $231,250
  • 35%: $231,251 to $578,125
  • 37%: $578,126 or more

Focusing on tax brackets but ignoring potential changes in future (retirement) income is like reading the odometer without understanding where the driver went and how far away the destination was. It is the trip plans and patterns of traveling that drive up the odometer, not the other way around.

That sounds fair enough but if income determines tax brackets, what determines income? The answer depends on how — and what — incomes are earned by whom.

For many if not most middle class people, income depends heavily on #ActiveIncome throughout their working lives. This means, among other things, retirement marks a significant turning point in their personal and social lives — but also in the amount and structure of income. After retirement they will no longer receive active income from employment. Many of them will fall into a lower tax bracket, for example from 22% (i.e., for an active income between $44,726 and $89,050) to 12% (i.e., with a retirement income between $10,276 and $44,725).

For high net worth individuals the story is different. Their income comes from three sources of active, passive and portfolio incomes (I will discuss these concepts in another post). Unlike their working or middle class counterparts, retirement makes a smaller income difference. In fact, to the extent they have typically invested in long term growth financial products, retirement ages are the “harvest time” potentially with even higher earnings.

Here is a real life example of how investing in long term stocks can build fortune. According to Motley fool.com, if one had invested $10,000 in Apple stock on September 16, 1997, when Steve Jobs returned to Apple, one would have $2.5 million today. Better still, for all the years in between, as long as one does not sell the stock, one owes no capital gain tax because the gain is “unrealized” while the stock is kept growing in value. You don’t have to be a rocket scientist to figure out which saves more on taxes: Paying taxes at the contribution time in 1997 or paying tax at the distribution time today.

Knowing this picture of expected future earnings in retirement helps us understand why high income earners favor Roth accounts, which allow them to pay taxes on a smaller amount of income early on for contributions but walk away tax-free later with higher income for distribution, matching the “backing in, driving out” method in parking.

The Tax Treatment of Roth Accounts

The tax codes have been generous to Roth accounts, essentially making them tax-exempt, unlike other tax deferred accounts like traditional IRA and 401(k). However, there are two issues with Roth accounts we must know.

The first issue concerns contribution: Roth 401(k) and Roth IRA are (largely) funded with after-tax dollars. I say “largely” because Roth 401(k) is not the same as Roth IRA, the former is employer sponsored just like traditional 401(k) is, while the latter self-administrated.

Having an employer sponsored plan makes things more complicated. Like in a traditional 401(k), employers can choose to make voluntary matching contribution using pretax money, while employee’s own contribution always uses after-tax money. The money from the two sources must be separated, and the employer’s pretax money will be placed in a regular, tax-deferred 401(k) account.

Important Note: With the SECURE 2.0 Act, which was passed in December 2022, employers can now make matching contributions to employees’ Roth 401(k)s with after-tax money.

This new contribution rule solves the second issue concerning distribution. Before the new law: Roth IRA and the part of Roth 401(k) money contributed by employee, are tax-free in distribution, while the part of Roth 401(k) contributed by employer with pretax money will be taxed just like in traditional IRA or traditional 401(k).

Now with the new law, employers can contribute Roth 401(k) with after-tax fund, then employees won’t have to pay taxes on the money when they withdraw it later on.

There are two minor conditions to be satisfied by Roth accounts before tax-exempted distribution can happen: The money must wait for at least five years after the Roth IRA owner established and funded their first Roth IRA, and the Roth IRA and Roth 401(k) holder is at least age 59½ when the distribution occurs, otherwise the distribution will be subject to a 10% tax penalty. They will be treated differently at the time of distribution.

For a hypothetical example, say you had your first Roth IRA account in 1995 when you were 55, and your second Roth IRA in 2000, when you would be 60, you would be qualified to take tax-exempted withdrawal in 2000 because you are older than 591/2 and your Roth IRA money has been sitting in the account for 5 years.

These two conditions for distribution are not particularly demanding, therefore we expect most people would have no problem to receive their money tax free, penalty free and RMD free.

What we might have a problem with is in the future.

The Potential Change of Tax Codes

There is a possibility that Congress may change the tax law for Roth accounts some days in the future, especially with the national debt at such a high level. This is another reason why people may want to take advantage of Roth accounts today, because even with future changes the existing accounts are likely to be exempted.

To be sure, there are people arguing that future changes involving Roth accounts, especially Roth IRA, are unlikely to happen. An interesting article by Investopedia lists five reasons for that. For example, since Roth IRA is funded with after-tax money, withdrawals should be tax free in order to avoid double taxation. Furthermore, having tax sheltered retirement plans like Roth IRA encourages investors to buy government debt. There are already tax-deferred retirement plans like traditional IRA and traditional 401(k), so if we change the tax-free withdrawals in Roth accounts, we will “almost certainly kill the program.” The fourth reason is that Roth IRA accounts are generally small with the contribution limit of $6,500 for those under age 50 and $7,500 for those above 50.

The last reason offered by the Investopedia article is that even with future taxes on Roth account withdrawals, the new taxes will apply to new accounts. The current Roth accounts will be exempted. This is not exactly a reason for no tax change, but rather for preparation of changes in the future.

This in my opinion is exactly why we should invest in Roth accounts as much as possible and as early as possible. After all, you never know what may be coming in the future for sure. One may argue that although Roth IRA and Roth 401(k) are funded with after-tax money, the government may still charge taxes on capital gains at the point of withdrawal on any portion of earnings above and beyond the original contributions.

This is just like your investment in the stock market: Say you bought and hold the Apple stock using your after-tax money, you still must pay capital gain tax — not every year but at the year when you sell the stock. Worse, if you hold the stock for less than a year, your capital gain tax rate is just regular income tax rates of 10% to 37%.

True, such a hypothetical new tax on distribution or withdrawal will kill Roth accounts as we know them today, and turn them into one of the investment accounts. For now it seems highly unlikely. But remember, the only thing not changing is change itself.

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Did You Know? Life insurance

Why Do Annuities Offer Higher Returns Than Bank CD?

The Takeaways:

  1. Most insurance agents never care to ask why the CD-type annuities, otherwise known as Multi-Year Guaranteed Annuity (MYGA), can offer higher interest rates than bank CDs (Certificate of Deposit) do. Lucky for them, most annuity buyers have never asked this question.
  2. This is a totally legitimate question because money does not fall from the sky but must come from somewhere somehow.
  3. Some say CDs have a shorter life duration than MYGA annuity contracts. However, this may or may not be true because we do have one-year MYGAs in the market and they still have higher interest rates than one-year CDs.
  4. The first crucial fact: CDs are offered by banks, while annuities are offered by insurers.
  5. The second crucial fact: Banks and insurers are subject to different regulations. For the most part, banks face tighter regulations than insurers do.
  6. Therefore, insurers have the liberty to invest premiums in a variety of financial products: Bonds, stocks, mutual funds, real estate and even financial derivatives. On the other hand, banks make money mainly from interest spread, the difference between the interest rate they pay depositors and the one they charge for loans.

A Financial Fact Deserving Explanation

There is a hidden question that most insurance agents never care to find out what the answer is. It concerns the fact that one of the most popular annuity contracts, Multi-Year Guaranteed Annuities or MYGA, almost always offer higher interest rates than bank CDs (i.e., Certificate of Deposit in case you are not familiar with banking terms) do.

Insurance agents love to sell MYGAs because it is a CD-Type annuity, meaning to keep the premium for annuity like keeping the deposit for CD, but with (much) higher rates. Agents will not miss the opportunity to ask their clients the question of how much interest they get from CDs — all because they can brag about how high the rate is for MYGAs in comparison with CDs. They won’t bother to tell clients why they can offer a higher rate.

Most of the time they run into no problem because, guess what, most annuity buyers don’t care about why they get a higher rate of return, either. It’s human nature that people do not bother to ask questions about good news, they will do about bad ones.

But when something most agents won’t do, it helps make you unique if you can answer the question right. Suddenly your image improves a great deal, and you may even receive voluntary referrals by some admiring clients.

The Simple Answer for MYGA Magic

It does not need a rocket scientist to figure out the MYGA Magic: MYGA is offered by insurance companies (insurers), while CDs are offered by banks. Of course, this may or may not make much difference until we know the difference between their business models (i.e., how they make money as an industry) and industrial specific regulations.

Turns out that insurers have more regulatory freedom than banks do. For one thing, insurers can invest the premium in a variety of assets, including bonds, stocks, and real estate, even financial derivatives, to generate returns. Banks on the other hand are required to maintain a certain amount of reserve and are limited in the amount of money they can lend out. They make money primarily by lending out money to borrowers and use the interest rate spread (i.e., difference between the interest rate they pay on CDs and the interest rate they charge on loans) to gain profit.

Some say MYGA has longer time to mature than bank CDs, but this may or may not be true. We have some insurers offering one-year MYGA and still with higher interest rates than bank CDs.

Next time when an insured asks his /her agent how they can afford to pay so much better interest rates than banks, I hope the agent knows the right answer.

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Did You Know?

The Golden Rule of Avoiding Double Taxation

The Takeaways:

  1. Double taxation is a tax principle where taxes are collected for the same income, assets or financial transaction at two different time or by different tax authorities.
  2. There are common cases of double taxation but also legitimate ways to avoid double taxation. Therefore, both double taxation and no double taxation are tax principles followed by tax authorities and/or expected by taxpayers.
  3. The best example of economic double taxation is corporate profits, which are taxed twice by the same tax authority, first at the corporate level and then at the individual taxpayer level when the profits are distributed to shareholders as dividends.
  4. The best example of jurisdictional double taxation is in international trade and/or international investment, where the same income or investment gains may be taxed by different countries.
  5. For insurance related income or investment, it is more likely to observe no double taxation than otherwise in the US.

I have been thinking of writing posts concerning taxation, for no better reason than the fact that insurance deals with two certainties in life: Taxes and deaths. Each is sufficiently complicated alone by itself, but when the two meet, things get outrageous. Since we can’t bypass them, we might as well study them to get smarter.  

This post and other similar posts do not provide tax advice for individuals or entities. They are called “golden rules,” but they are really high level personal observations and thoughts from reading tax codes related to life insurance, annuities, property & casualty, and healthcare.

The Rule of (No) Double Taxation

This rule says we should avoid imposing and paying taxes twice on the same source of income, asset and/or transaction, either by the same or different tax authorities.

Here is the observation I have made from studying tax law: Although double taxation commonly exists, the US and local governments have made an effort to avoid charging double taxes, which I believe is a trend likely to be continued in the future.

In other words, both double taxation and efforts to legitimately avoid it exist at the same time. Correspondingly, we have seen discussions on “double taxation” as well as discussions on how to stop or avoid double taxation. This is healthy because we are seeing both sides of the coin.

What Is Double Taxation

Let us begin by defining what double taxation is.

The following definition is from an authoritarian source by Cornell Law School: “Double taxation refers to the imposition of taxes on the same income, assets or financial transaction at two different points of time.” This sounds simple and concise, and is used by Perplexity.AI in its answer to my inquiry.

To ensure multiple sources are considered, I will also cite the following definition by Investopedia.com: “Double taxation is a tax principle referring to income taxes paid twice on the same source of income.”

Neither definition did a complete job. The strength of the Cornell definition is to extend double taxation to cover not just income (like Investopedia did) but assets (e.g., capital taxes) and transactions (e.g., sales taxes). Its weakness is to limit double taxation to “two different points of time.” Finally, the word “imposing” indicates a tax authority perspective.  

The truth is that double taxation can happen not necessarily at two different times but by different jurisdictions, sometimes at the same time or by the same due dates. This is the so called “jurisdictional” double taxations.

The strength of the Investopedia definition is to name it as a “tax principle,” while the Cornell definition just lists it as a phenomenon or a process. Its weakness is to limit the principle to “income taxes” only. Finally, the word “paid” signals a taxpayers’ perspective.

It has been frequently stated that double taxation falls into two types of economic and jurisdictional. I argue the former is more fundamental as economic consequences cut through all double taxation cases. On the other hand, some double taxation can be imposed by the same rather than different jurisdictions (e.g., different countries).

How Popular Is Double Taxation?

Perhaps the most famous example of double taxation is corporate profits, which are taxed at the corporate level and then at the individual level when the same profits are distributed as dividends to shareholders. This particular case involves a single jurisdiction or the same tax authority of the federal government, which taxes twice for the same profits.

More specifically, corporations pay taxes on their annual earnings. When a corporation pays out dividends to shareholders, the dividends generate tax liabilities, meaning shareholders who receive any dividends must pay taxes on them, this is when double taxation happens.

It is possible that this particular scenario of double taxation has been going on for too long that we may take it for granted. Let me use an analogue to show this is not always right.

We can consider how wholesalers and retailers pay taxes. It turns out that wholesalers are not required to charge sales tax to retailers because when a wholesaler sells to a retailer, that retailer is not the product’s end user. Therefore, the wholesaler does not have to collect sales tax on the transaction when selling to a retailer.

Using the same logic to corporate profits, it would mean the corporation should not owe any tax because it is not keeping the earnings but distributing them to shareholders, who are the end gainers.

Jurisdictional double taxation is more common. Every year when we file income taxes, every taxpayer must file for the federal and state and local municipal taxes — for the same income we earned in the year. This double filing practice is highly likely to continue in the future, which means we will see both federal and state (or municipalities) income taxes imposed on us.

Jurisdictional double taxation on income taxes can be justified in that each taxpayer presumably receives services provided by both federal and state or local governments. For example, national security is the responsibility of the federal government in the US, while insurance businesses are governed by state government.

At lower levels of government, things are less clear. For example, residents of municipalities pay county and city taxes, even though they receive direct or more perceivable services only from the city, less directly from the county. Because of this issue, sometimes city-county may have agreements for joint financing of services with city residents also financing part of the county share.

The most frequently discussed jurisdictional double taxation is in international trade or investment, where double taxation occurs when the same income is taxed in two different countries.

The Cases for Avoiding Double Taxation

As common as double taxation is, we have also seen the other side of the coin, where double taxation has been avoided legally. This, after all, is why I call “double taxation” and “no double taxation” both legitimate tax rules.   

Let’s begin once again with the well-known example of business profits. It turns out that double taxation mainly affects larger corporations (the C corporates) that pay out dividends to shareholders regularly. This is because those corporations are taxed as separate legal entities. As the Motley Fool article points out, “C corporations are the only business structure that is taxed separately as a business,” while other legal structures exist to help you avoid double taxation, such as sole proprietorship, partnership, single member LLC (Limited Liability Company), and S corporation.

The magic words here are “pass through entities” that pay “pass through taxes,” which is a fancy way to say that the profits or losses of a business entity are not taxed at the entity level, but instead “pass through” to the business owner’s personal tax return, without having to owe corporate income tax.

For a hypothetical example, say you and your wife have a small firm that is an S corporation. Last year your firm made a profit of $80,000. In the eyes of IRS, an S corporate is not a separate but a “flow through” legal entity. Therefore, although you are still required to file an annual tax return with the IRS that report the income, gains, losses, deductions, credits, etc., of the corporation each tax year, that $80,000 can “flow through” to your personal tax returns — as long as there are fewer than 100 shareholders — and you owe nothing at the corporate level.

Since your S corporation was incorporated in California, the state also requires you to file an annual return with $800 minimum franchise tax, another example of jurisdictional double tax.  

Even the best known jurisdictional double tax can be avoided. International double taxation can be mitigated by formulating trade treaties between nations, such as double taxation agreements (DTAs), with countries they trade with and using relief methods such as the exemption and foreign tax credit methods. I won’t get into details as my focus is not on trade but on insurance.

No Double Taxation in Insurance

Compared with cases of double taxation, there are far more cases of no double taxation in life insurance and retirement taxation. It is safe to assume that once you contributed money to your policy after paying income taxes, you have made a nonqualified contribution as your contribution is not deductible. Based on the rule of no double taxation, you won’t be charged income tax for the second time when you are taking the money out during the so called distribution stage. I will provide more examples later but suffice it to say that when it comes to insurance related incomes and contributions, we have reason to say there are far more cases of no double taxation than otherwise. is one of the fundamental principles that we must keep in mind when we think of tax matters.

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Did You Know?

Why Independent Agents May Do Better Jobs

The Takeaways:

  1. Independent insurance agents possess some unique advantages like bringing more options and choices to customers and often with lower premiums.
  2. Independent insurance agents tend to be more experienced with more industrial knowledge. Other things equal, they may also care more about clients’ welfare.
  3. Whether independent agents can provide impartial advice or serve clients better depends more on the individual than the group of agents.
  4. Independent agents should not push for switching providers without taking the switching cost into account.

I have officially declared myself to be an independent insurance agent this month and have been feeling good about it. But this morning it just hit me that I should have asked my favorite AI site of Perplexity.AI about why going independent is good choice not just for me but also my customers.

What the AI Site Says about Independent Agents

I entered this questions:

“What are top reasons insurance consumers should go independent insurance agents?”

Obviously this is a biased question as I only asked for the “pros,” not “cons.” But let’s see what the AI has to say. Below is the answer in its original form and shape:

“Independent insurance agents offer several advantages to insurance consumers. Here are some of the top reasons to go with independent insurance agents:

  1. More options: Independent insurance agents are not tied to one company, so they can shop around to offer you the best rates. This comparison can result in significant savings.
  2. Choice: Independent agents represent many different insurance companies that offer a wide variety of coverage options and price points. There’s no need for you to accept one quote from one company, and there’s no need for you to spend time filling out many different online applications to get your own quote comparisons.
  3. Better customer service: Independent insurance agents are more responsive to their clients’ needs and can offer better customer service than captive agents.
  4. Impartial advice: Independent agents can provide impartial advice since they are not tied to one company.
  5. Ability to switch providers and keep the same agent: Independent agents can help you switch providers while keeping the same agent, which can save you time and hassle.
  6. Tailor-made policies: Independent agents can put together custom-tailored solutions than meet your unique and particular needs.
  7. Lower premiums: Independent agents can often offer lower premiums than captive agents.
  8. Knowledgeable: Local independent agents are knowledgeable about the insurance industry and can help you find the right coverage for your needs.

My Overall Evaluation

In my view, the first two advantages, options and choices, are “no brainer” because they are the biggest and most obvious pros for insurance customers. Ask any independent insurance agent and most likely they will proudly tell you the story of better options and choices they can now bring to clients.

Point #7 of lower premiums also holds true most of the time, simply because of more choices than before. In the quote engines many platforms built for independent agents, we can easily see side by side how much premium different products from different carriers will charge, which would be hard to do for the captive agents.

A quick sidenote: “Captive agent” means someone working for a single insurance company or a single insurer or carrier, unlike an independent agent who will write insurance policies for many insurers at the same time.

Point #6 of tailor made policies to the clients is also more possible than a captive agent. When you have more options to choose from, you can compare them and sometimes can even ask carriers to customize the product to fit the customers’ needs and wants better.

So much for the pros and positive evaluations. The following points I feel uncertain with reservations.

Independent Agents & Customer Service

Point #3 that independent insurance agents provide better customer service may or may not be true. In my view, quality of customer service varies more by individuals than by group of agents (i.e., independent versus captive).

Many Independent Agents Are Experienced

Although independent agents may or may not do a better job in serving customers, I must add that they tend to be more experienced or more seasoned. My personal observation tells us that many independent agents started as captives and later after accumulating years or even decades of experience decided to go independent.

This agree with Point #8 that independent agents are more knowledgeable.

There will be exceptions of course. I myself haven’t done decades of insurance for example, although I do have years of teaching financial subjects, which certainly helps. At the risk of self-promotion, I’ve been told by others that I know more than many who have been with the industry for decades. I also know that some of the topics that interest me (e.g., how insurance as a whole makes money) may never interest others, no matter how long they have been in the business.

Having the right amount of curiosity is the key and may be all that you need in this age of AI, which makes the entire world of knowledge accessible to your fingertips.

Independent Agents Care About Customers

Other things equal, I’d say independent agents tend to care more about clients. My reasoning is this: If you take insurance as just another job that pays the bill, whether your clients get the best option they deserve does not really matter — as long as they get their commission. For someone who really cares, being able to offer substantial assistance to satisfy clients’ needs and wants makes a big difference.

I want to use myself as an example. I put three promises on my business cards and flyers:

  • Your interest before mine.
  • Preach only what I believe.
  • Knowledge & insights before sales.

I must be honest that I haven’t seen many agents promising the same.

Independent Agents & Impartial Advice

Although independent agents have access to far more options or choices for customers than captive agents do, it does not automatically mean they are unbiased or impartial.

For one thing, not all products have the same commission or same commission structure. Because everything is transparent on agent portals or platforms, an independent agent can quickly see which option or product has higher commission for them — the information not typically seen by the clients. If they choose to, they can push for only those options that promise higher commission instead of what is the best for the clients.

Switching Products Incurs Cost

Finally, we come to Point #5 that independent agents can help you switch providers while keeping the same agent, which can save you time and hassle. I would be careful about switching providers because it typically comes with an extra cost, such as surrender charge, a cancellation fee and application cost by the new provider, which is typically a flat fee of $50 or 10% of your remaining premiums.

Of course, if you can find a new policy with a premium that makes up for any cancellation fees, it may still be worth it to switch. Another good time to switch is the policy renewal time, when you can normally find a better option by switching. Most if not all Property and Casualty policies are renewed every year (6 month for auto policies), one should take advantage of that to reconsider whether your insurance need has been met.

A permanent life policy may never expire or need to be renewed, while a term life policy will need to be renewed at the end of the term. Health insurance allows one to change provider during the annual enrollment period. Some insurance agents would encourage all potential clients to switch, but the cost question should always be asked ahead of time of switching.

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Did You Know?

What Makes Insurance Business Model Unique?

The Takeaways:

  1. Insurance is a future oriented business: Insurers (insureds) charge (pay) premiums to prepare for risk and uncertainties in the future, not in the past.
  2. The business model of the insurance industry that everyone has been talking about is to make money from collecting and investing premiums. But we should add in risk sharing, which leverages the uneven and asymmetrical chances of filing claims by different policyholders to protect underwriting profit.
  3. Risk sharing differs from risk pooling. The former adds an additional step of selecting for good risk to the latter.
  4. Risk sharing has two forms: people sharing and money sharing. Cost sharing, a term familiar to most in the health insurance market that takes the forms of deductibles, co-payment and coinsurance, is a part of money sharing, together with others like different premium, lapsed policies and universal premium rate changes in a state.
  5. Risk sharing works for both predictable and unpredictable risks. In health insurance the law prohibits discrimination against preexisting medical conditions, both in enrollment and in premium charged. While this makes risk prediction irrelevant, risk sharing still works through enrolling as many people as possible when they are entitled to and eligible for Medicare.
  6. Risk sharing may have a reputation of being unfair to different policyholders, but that’s wrong because life is fair in terms of all humans facing the same future related uncertainty and risk. While those with insurance claims are being financially rewarded by insurers, those without filing insurance claims are gaining peace of mind. Nobody’s premium is wasted.

Surprisingly, as far as I know nobody has talked comprehensively about how insurance companies (or “insurers” for short) make money as a whole. In my view, if you don’t know the business model of an industry or a profession, you don’t know the industry at all no matter how long you have been doing it.

Unfortunately most businesspeople focus on how to make money for themselves, not the fundamental business model. As a result, this topic has been rarely touched upon even at the most basic conceptual level. We end up seeing “trees” but not “forest” even though no tree exists alone and the ecology of forest shapes each and every tree.

A quick sidenote: A business model is just a strategic plan of how a company, a business entity, or in our case, the entire industry, will make money. Here making money means earning a profit by receiving more money than spending it.

Insurance Is a Future Oriented Business

But don’t take the topic for granted or presume it’s meaningful. Instead, it’s always healthy to ask why we should be bothered with a question or a topic. Compare insurance with other businesses helps.

Consider retail businesses (e.g., supermarkets, department stores, or online retail distributors like Amazon), which make money by selling goods or services to customers. Insurers receive money from policyholders’ premium rather than from, and insurers pay money through fulfilling insurance claims (to designated beneficiaries, policyholders, healthcare service providers, the courts, employees, third-party claimants, to name just a few).

There, we see that insurance is a future oriented business, meaning insurers receive and spend money for events in the future, while retailers do business by selling previously made goods and/or existing services. They typically won’t collect consumers’ money ahead of time without offering goods or services in exchange.

The Challenge of Charging a Price for the Future

Insurance is not the only future oriented business, many other (e.g., renewable energy, space technologies and even healthcare, in which a crucial part is to develop new drugs and new treatment regimens) do that.

Going deeper, almost all businesses have to deal with elements of the future. It’s not that some businesses are exclusively working for the past while others exclusively for the future. Therefore, I won’t say insurance is unique because it focuses on the future.

Of course, a future focus does have its ramifications, chiefly among them is future related uncertainties or risks. For example, it is relatively simple for retailers to decide how much to charge customers: They can always use the production cost, plus transportation or distribution cost to get started. The nice part is that both production and distribution costs are known before sales, retailers only need to add the desired profit margin to set the final price.

Insurance has a different story. We must determine the price (i.e., premium) of our product (i.e., insurance policy) ahead of time or before an accident or an undesirable event happens to policyholders. We don’t have the luxury of seeing the event first, and then figure out the cost and consequences to decide how much the premium should be.

Insurers Have a Unique Business Model

Determining the right premium is a risky and uncertain business. If we charge too much, we lose business to the competitors; if we charge too little, we fail to cover the bottom lines to grow.

But risk is everywhere, they just come in different shapes and forms. Just like all businesses have to deal with the future, they also face risk and uncertainties. Retailers take the risk of buying the wrong amount of goods from wholesalers, for example. If they buy too much, more than consumers would buy, they suffer a loss by having to cut down sales price; if they buy too little, consumers will move to competitors with more stable supply.

Maintaining “just right” inventories is just one example. More risk arises from predicting consumers’ future taste and preferences. We have seen stories where retailers missed the trend of demand and drove themselves out of business altogether.

Risk Sharing Makes Insurance Unique

Once again, my point is that the uniqueness of insurance is not in dealing with risk, even with future oriented risk, but in its unique business model. This is where the idea of “risk sharing” comes into play.

There have been posts, articles and websites on how insurers make money. A good example is the article by Policygenius.com published April 2023. It summarizes four ways life insurance companies make money: charging premiums, investing premiums, cash value investments, and lapsed policies.

I won’t get into details but will point out that the above four ways really apply to all insurers, not just life insurers. All insurers share the same business model that has been functioning for centuries.

The problem is that the presentations so far have all overlooked one fundamental part of risk sharing.

That’s right, risk sharing plays a fundamental role in all lines of insurance, be it personal or commercial, life or health, properties or liabilities. It does not negate or eliminate the role played by premium investment, but does cut down its relative importance.

Simply put, before collecting and investing premiums, the two ways discussed by pretty much everyone, we need something else in place, something that has unfortunately been severely underappreciated.

The “Law of Large Number” Differs from Risk Sharing

Before defining what risk sharing is, let’s find out what it is not. We do hear the “law of large numbers” that has been taught as one of the fundamental axioms for insurance business. It states that the larger the number of exposure units independently exposed to loss, the greater the accuracy of the prediction of loss.

As a statistical axiom, this law is applicable everywhere, not just insurance. In population surveys or polling, one can be easily convinced that the result from a sample of 1,000 is more reliable than that from a sample of 100 people, for example.

But the law of large numbers is not the same as risk sharing, even though both are relevant and related to each other. The former helps insurance companies estimate the possibility of making insurance claims to be paid by insurer. Once the risk of claim is estimated right, insurers then charge the corresponding premium to cover the estimated claim losses, which is the key step in insurance underwriting.

Risk Pooling vs Risk Sharing

The law of large numbers is sometimes interpreted as “pooling of risks,” which is inaccurate. In its original and official sense, the law simply tells us that the bigger the sample size, the more accurate the sample estimates will be — other things equal, no more and no less.

If the law really means pooling risks, it must gather diverse risks of different types and shapes, as gathering similar risks makes little difference. To use an extreme example, talking to 1,000 people of identical age, gender and/or health record is the same as talking to one person. Pooling risk only makes sense when it works with risk diversity.

But here is what “risk pooling” differs from “risk sharing:” While the former works with diverse risks, risk sharing favored by insurers works with selected risks. Whenever possible, insurers always seek policyholders who possess low or “good risk,” which ultimately comes down to a low probability of making a huge insurance claim in the future.

Insurance firms do not hide their preference. When one applies for an insurance policy, insurers will typically ask questions regarding one’s claim history. A history of frequent claims, especially those involving a large amount of money, will make one’s application more likely to be rejected, or being charged a higher premium.

Predictable vs Unpredictable Risks

Selecting good risk matters because it is the main way for insurers to boost underwriting profit or reduce underwriting loss (i.e., the net profit or loss an insurer makes from issuing insurance policies without counting in investment gains).

Let me use a hypothetical example to illustrate underwriting profit or loss: Say an insurer has 1,000 policyholders, and collects $1 million premium each month but on average pays out $1.5 million on claims. The insurer will have a net underwriting loss of $0.5 million, even though it has an average gain of $50,000 each month from investing the premium in financial markets.

But no matter how carefully insurers select for good risk, bad risk will enter the population of policyholders, especially with simplified underwriting that skips medical exam and collects less information from applicants but relies on third-party sources to gather information about the applicant, such as their prescription drug history and driving record.

Bad risk or the number of claims also rise dramatically during natural disasters (for property insurance like hurricanes in Florida) and pandemics (for health insurance like Covid-19).

But “good” and “bad” risks are all relative and can be turned into each other. This is because insurance handles more or less unpredictable events. An auto insurance policy covers only injury and damage from a traffic accident but not intentional damages, wars and losses from regular wear and tear, all because these losses are highly predictable, unlike an accident.

Similarly, a homeowner policy protects your home from rare or accidental perils like fires, hail, theft, windstorm, smoke, lightning, explosion, riot or civil commotion, tree falling and volcanic eruption — but not from wars, earthquakes, landslides, floods, or even a large scale power failures, which all share the feature of incurring more predictable and heavy losses.  

But here is the thing: A rare and accidental event can turn a “good” risk into “bad” and does the opposite for an originally “bad” one. Consider a hypothetical example: An auto policyholder who has never even had a single traffic ticket for 30 years is certainly considered a “good risk” in the eyes of insurer. However, this poor guy has recently lost his wife of 25 years and decided to drink a little. The next thing we know is that he hit five cars in a row and incurred injuries and damages at more than $1 million.

My point is that insurers can only do so much in selecting good risk, and no matter how hard they try, they will have to deal with some bad risks in the real world — the question is how. It’s never enough for insurers to predict risk — they must share it among policyholders.

Defining Risk Sharing

A formal definition of risk sharing is the constantly functioning mechanism that allows insurers to leverage the uneven and asymmetrical chances of filing insurance claims by different policyholders to protect underwriting profit and/or reduce underwriting loss.  

The reason risk sharing works all the time is due to the silent fact that some policyholders will contribute premium without making any claim, or making fewer and smaller claims, while others may file large and /or frequent claims. People in the former group effectively pay premiums that end up covering claims by policyholders in the latter group.

It is risk sharing that makes the insurance business model unique, more so than the other two parts of collecting and investing premiums.

Two Forms of Risk Sharing

Risk sharing has two forms: people sharing and money sharing. Cost sharing, a term familiar to most in the health insurance market that takes the forms of deductibles, co-payment and coinsurance, is a part of money sharing.

Money sharing takes other forms, such as charging different premiums for different policyholders with different risk profiles. Universal money sharing is also possible in a state where rate increase applies for all existing and future policyholders, like we see in Florida, California and other states recently.

Finally, money sharing also comes when some policyholders had trouble making premium payments, and their lapsed policies will leave money to the insurer, indirectly funding insurance claims.

People sharing is the least known, but works quietly and forms the foundation for money sharing. Without people staying, either among policyholders with the same insurer or among policyholders in the same state, money sharing is very difficult or even impossible. After all, it can only happen among the people in the same state or with the same insurer.

It is not much different from a bank having a diverse clientele base like Bank of America or JP Morgan Chase versus a bank of highly homogenous clientele like Silicon Valley Bank. In the former different clients involuntarily assist each other due to different needs and preferences, making the bank financially more stable, while in the latter the missing diversity makes the bank financially more vulnerable.

Another simpler analogue is a housing co-op, where residents share a meal plan with all residents paying the same or similar amount of money, but those eating less will quietly help those eating more every meal without making it a big deal.

Risk Sharing with Predictable Risk

Risk sharing works not only for unpredictable risk (e.g., in an auto policy) but predictable ones (e.g., in health insurance, where insurers have no choice but to enroll everyone eligible, even knowing the extra cost associated with people of preexisting medical conditions.

Yes, in health insurance the risk is somewhat predictable — to the extent that people with preexisting medical conditions tend to have higher chances of making medical claims while enrolled in Medicare, Medicare Advantage, Original Medicare (Parts A & B) and Medicare Part D.

It is the laws and regulations that make risk prediction largely irrelevant. Since 2014 the Affordable Care Act (aka Obamacare) has changed the previously more or less accepted practice of discrimination against pre-existing medical conditions. Now no eligible enrollees can be denied enrollment nor be charged higher premiums. This means insurers won’t spend time figuring out who is more likely to file a claim.

The good news is that even when risk prediction becomes irrelevant, risk sharing still works for programs like Medicare. Here is how.

While the law prohibits discrimination against preexisting medical conditions, it also places penalties to enroll a sufficiently large number of people when they first become entitled to Medicare Part A (in patient services) and eligible to enroll in Part B (out of patient services). It’s a number’s game and with all enrollees on board, there will be enrollees who may never need intensive healthcare or will need it much later in life, by the time they would have paid enough premium to cover themselves and perhaps even provide surplus money for others.

Risk Sharing Is Still Win-Win

Why is risk sharing not openly discussed? Fairness and justice is perhaps a key concern. If some policyholders are essentially “money doners” while other recipients, it does not sound fair. On the country, the law of large numbers sounds “scientific” and entirely fair and safe to talk about.

But the seemingly strong argument against risk sharing has a problem: It ignores the fact that future insurance risk can never be completely and accurately predicted. Consider health insurance: Yes, people with preexisting medical conditions are risky in the future, but so are people with a very clean medical record. We have all heard stories of sudden death of presumably very healthy individuals. The truth is no one can guarantee you a “claimless” life. A fancier way to say this is that your probability of getting sick is never 0 nor 1. It falls somewhere in between. Life is fair at least in this fact involving probabilities.

Some policyholders or enrollees will be rewarded financially through claims, while others gain peace of mind without claim. We can even make a point on the “fairness” ground: Having insurance coverage for everyone provides a fair and safe environment for everyone in society. Consider the FDIC insurance for banks, when all depositors are protected, everyone gains directly or indirectly from a sound banking system, even though most banks may never need the FDIC protection. It seems fair to say that nobody’s premium will be wasted, with or without making a claim.

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Did You Know?

What We Really Learned from Silicon Valley Bank

The Takeaways:

  1. Decentralized finance (DeFi) with smart self-regulations through technologies like blockchains, smart contracts & generative pre-trained transformer GPT inside each financial institute represents the future of efficient risk management.
  2. We can establish interest rates markets to allow different parties with different financial profiles and different needs to trade to their desires rates based on their needs, risk levels, time lengths, credit ratings, insurability, and expected returns from fund investment.
  3. FDIC should raise its coverage cap above $250,000 — partly paid by depositors with an excess amount — because uninsured deposits proved riskier this time than we assumed due to the self-fulfilling prophecy.

Not All Lessons Were Born Equal from SVB

Learning the right lesson is the key for the better future. There are so many potential lessons out there and everyone can and will have a different opinion on what to learn and how to prevent future crisis of financial institutions like banks.

Part of reason is that the case itself is very complicated, making it possible to have many things to say. If someone fell down from his bike, there is one or at most two lessons to learn: Either the road is too slippery or the rider was not focused. But when a bank with billions of dollars of asset fell, having only one or two lessons sounds like a failure in learning. It has to be more involved in it.

Not all lessons were born equal. For one thing, we must focus on risk management more than rescue scheme. The best that a rescue scheme can do is to arrive at a “no-loss + loss” result, while the best of risk management is to achieve a “win + win” for all parties.

Another relevant point is mindset more than demographics. For example, a lesson that I have heard many talking about is to attract a diverse pool of clients and avoiding over-exposure to any single sector, single industry or single type of clients. This is always true and always makes sense. However, I do believe we can do things without for an ideal client base. After all, having a special type of clients is not always a bad thing. For one thing, they allow us to develop the best resources for serving a unique group of people, rather than serving everybody. Imagine such a boring landscape picture, in which all banks have the same customers. I would rather see a more diversified picture in which banks are proud of their unique clients.

It’s an open secret that regional banks always face a bigger challenge in attracting diversified clients than national banks. The way the former compete with the latter is not in size and types of clients but in doing one or two things better than the latter.

Ultimately, the key is not about client type but always about risk management. A good risk management strategy starts with, and grow on, the existing clients, not betting on changing them.

With SVB clients, we can learn to (1) know the existing clients well, especially their demand liquidity; (2) do periodical stress tests and (3) possessing bond funds and/or bond ETF. All these can be done without waiting for a safer diverse client base to come by.

A Deeper & Bigger Lesson

If there is one forward looking lesson out of all lessons, if we must say something fundamentally important, it is this: Stop trusting central human regulators and switch tech enabled decentralized smart regulations, where the word “tech” refers not only to FinTech but all the new technologies in and out of financial world.

We can start from the recent report on Fed’s San Francisco branch that missed the red flag of SVB. More generally, the time of central bank intervention determines everything. Regulators need to allow a time cushion following a quick turn of monetary policy. For example, banks with maturity mismatch should have access to funds to keep liquidity and to avoid “fire sale” of their portfolio with huge losses.

But it is always easier said than done with the current system. We have witnessed the modern bank run this time but there is no guarantee that it will not happen again. Humans are not always smart learners and we do have a tendency of repeating the same mistakes over time. In my last post, I highlighted two lessons from SVB: interest risk and liquidity risk. We have been talking about them since day one in financial world, and yet we are still struggling with them decades later.

How do we truly make progress in financial risk management from now on for the future?

The first thing I want to say is this: Although one of the direct casualties this time was the Signature Bank with strong crypto link, the message that carried by the dead messenger is more relevant than ever: The future lies in decentralized and proactive “smart regulations” that assist each bank, including those led by “zombie leaders” like in the case of SVB whose only strength is to guard self-interest but little else (尸位素餐), to constantly monitor current and future risks.

“Smart” More Than “Decentralized” Regulations

The name “decentralized” may sound exclusive rather than inclusive. In my mind “smart regulations” will reserve a big seat for central banks instead of eliminating them. The SVB case tells us that sometimes only words and resources possessed by central authorities would work, and does so dramatically.  

Here is another example from the insurance industry. According to this commentary of AM Best, the largest credit rating agency in the world for the insurance industry, that had the U.S. government not stepped in to make all depositors whole, underwriters of directors and officers insurance for startups and venture capitalists, as well as the financial institution insureds supporting such entities, could have faced financial distress given that they are operating on very thin capital.

This is because “’startups are by nature much more agile and less risk-averse than other companies, their directors and officers often make decisions quickly,’ said David Blades, associate director, industry research and analytics, AM Best. ‘Therefore, the potential for D&O claims for startups would have been high in the case government had decided not to help the depositors.’”

There will be lawsuits for sure no matter what. According to this report of AP, “A class action lawsuit is being filed against the parent company of Silicon Valley Bank, its CEO and its chief financial officer, saying that company didn’t disclose the risks that future interest rate increases would have on its business.”

“It is looking for unspecified damages to be awarded to those who invested in SVB between June 16, 2021 and March 10, 2023.

“In particular, the lawsuit said that annual reports for 2020 through 2022, “understated the risks posed to the company by not disclosing that likely interest rate hikes, as outlined by the Fed, had the potential to cause irrevocable damage to the company,” the lawsuit stated.”

“It also claims that the company “failed to disclose that, if its investments were negatively affected by rising interest rates, it was particularly susceptible to a bank run.”

With the above being said, let’s go back to remedies and we can do two big things toward smart regulation.

Decentralized, Flexible FDIC Caps

We have already seen solutions include raising FDIC insurance coverage cap above the current $250,000 line. Lawmakers all seem to be open on this idea, with the focus on how much the new cap should be.

This is a good idea because we have learned this time that non-FDIC insured deposits can post a big risk. It directly triggered the bank run of SVB, and explains why the share price for the First Republic Bank has been down by 70%. Uninsured deposits prove riskier this time than we assumed due to the self-fulfilling prophecy.

However, unlike the old cap of $250k, this time we probably do not want to have a fixed, nationwide new cap of FDIC coverage. Instead, we want FDIC’s new coverage cap determined through a negotiation process by individuals, and to be paid partly by depositors with an excess amount, sort of like copayments in the healthcare business. This way, depositors will share the responsibility and will be given personalized choices in determining how much risk they want to take.

The range of caps can go from 100% to 0% theoretically, and it’s up to the depositors to decide. Those who choose 0% extra coverage can always take advantage of the existing cap of $250k by having multiple accounts across financial institutions for excessive amount of money, not leaving all eggs in a single basket.

Depositors can either spread fund across banks or using Certificate of Deposit Account Registry Service CDARS, opening a cash management account, relying on MaxSafe by Wintrust or finally using Depositors Insurance Fund (DIF).

Either way, each depositor will sign a legally binding contract with FDIC and the bank where they deposit their money, stating that they fully understand the risk and in case of bankruptcy, only the amount they have purchased will be covered by the program.

Establishing National and Regional Interest Rates Markets

This is a bigger deal and of course will be subject to discussions and debates. But the basic idea is simple and interest rate swaps already exist and are an important component of the fixed-income market according to a Smartasset.com article. We just need to expand it to make market interest rate floating rather than fixed and to allow variation

The first thing about interest rate swap is that they are financial derivatives traded over the counter, where investors will typically exchange a fixed-interest payment for a floating-rate interest payment, which is known as vanilla swaps. Investors use these contracts to hedge or to manage their risk exposure.

But we do more than vanilla swaps, including allowing parties with different needs and profiles to trade directly among themselves.

The basic driver of an interest rate market or markets is different needs and different financial profiles of different parties. On the profile side, entities with low credit rating are willing to offer higher interest rates to attract buyers of their products, while the opposite holds true for the high credit rating entities.

The other profiling factor is time of economy. During a booming economy, parties don’t mind paying a higher interest rate because their returns from the fund are expected to be higher. On the other hand, when a future project does not have big expected return the owner of the project is only willing to pay lower rated fund. To the extent that a region is growing fast, many investment projects can expect high return, which push up a higher interest rate in that region.

At the end, we just need to calculate the average bidding interest rate in a region to come up with a region specific & time specific interest rate as the “going rate” for all.

On the need side, some entities are willing to pay a higher interest rate when getting funds quickly matters more than higher interest rates. Other entities do not have any urgent need for fund and will only pay low rated funds. The average of the ongoing highest price a fund buyer (the bid price) is willing to pay will be the “going bidding rate” of interest. The average of the ongoing lowest price fund sellers (the ask price) are willing to accept will be the “going asking rate” of interest. The average of the going bidding interest and going asking interest will be the market going interest rate.

The idea is to replace the single nationwide interest rate set by central banks to a diversified and decentralized, market determined interest rates, in which central banks can still set basic rates but anything beyond is subject to market forces.

Categories
Did You Know?

Court Rulings Make a Big Difference in Insurance Claims

The Takeaways:

  1. Small difference in case circumstances and insurance documents sometimes can make or break the entire case in insurance claim.
  2. In a case involving homeowner insurance policy in Massachusetts, the lower court initially ruled in favor of the insurer, quoting the policy clause that excludes any abuse and molestation. The state Supreme Court later reversed the ruling, claiming that the abuse and molestation clause only applies when there is an imbalance of power between parties involved.
  3. In a case involving business interruption insurance in Louisiana, the state’s Supreme Court overruled an Appeals court decision on Covid-19 related business interruption insurance coverage, with the majority opinion insists on the requirement of direct physical loss and damage to trigger the coverage.
  4. The lesson here is to read the insurance policies very carefully to detect — and then to close —any legal loopholes in the contract as early as possible. We can expect AI GPT model to help us both draft better contracts and explain them for people without legal training at all.

It is no secret that insurance business has a close tie with the legal business as oftentimes we must settle insurance claims through court. What is less well known is that sometimes a little teeny tiny difference in the case scenario or documents can make or break the case.

Once in awhile you hear stories involving insurance companies and insurance contracts (i.e., policies) that open your eyes on how seemingly trivial difference can make a big legal and coverage difference.

This report by Insurance Journal on March 17 told us an interesting story involving homeowners policy: “Leonard Miville, a 61-year old man, who was visiting his girlfriend, was seriously injured by a 30-year old man, William Brengle, who was living next door with his parents. Brengle initiated an unprovoked attack on Miville, punching him in the head and repeatedly kicking him after he had fallen. Miville sued the Brengles.”

Initially a lower court granted a judgment in favor of the insurer, which in this case is the Dorchester Mutual Insurance Co. The lower court essentially says the insurer should not cover the attack because the homeowner policy contains a specific “abuse and molestation” clause to make any case involving abuse and molestation excluded from coverage.

“The Dorchester policy contained multiple exclusions from personal liability coverage, including the abuse and molestation exclusion, which excluded coverage for ‘bodily injury . . . arising out of sexual molestation, corporal punishment or physical or mental abuse,’” the report tells us.

The Massachusetts Supreme Judicial Court has now ruled otherwise, saying that the “act of physical abuse is not excluded by an abuse and molestation exclusion in a homeowners insurance policy unless the act involves ‘an imbalance or misuse of power in addition to being physically harmful.’”

In everyday language: Although the homeowner policy says abuse and molestation are excluded from insurance coverage, meaning insurer won’t pay for the injuries and damage caused by abuse and molestation, the high court disagrees. Instead, it believes that the attack by Brengle to Miville should not be excluded because the only time the abuse and molestation clause can apply is when there is an imbalance or misuse of power.

The way I look at it, the abuse and molestation clause seems to be designed for scenarios like when an underaged girl was abused and molested by her next door neighbor adult — or any adult she met online from a remote place — as that clearly involves imbalance and misuse of power of one party over another. Between a 61-year-old and a 30-year-old adults however, the imbalance of power is not obvious in the eyes of the high court, so should not be excluded. “The court found the age difference between the attacker and victim unavailing.”

Insurer of course sees the case differently. They argue that the age difference between Miville and Brengle demonstrated a physical power imbalance between the two. Additionally, the insurer argued that the incident was both violent and unprovoked, and thus Brengle’s disposition to inflict pain and suffering could be inferred from his conduct.

Interestingly, instead of inferring from the attacking incidence or circumstance, the high court chooses to infer from the insurance policy — a legally binding contract — in which “(i)mmediately preceding the term ‘physical abuse’ in the abuse and molestation exclusion are the terms ‘sexual molestation’ and ‘corporal punishment.’ Both ‘sexual molestation’ and ‘corporal punishment’ generally involve an imbalance or exploitation of power between the perpetrator and the victim, the court noted.”

In other words, although “physical abuse” in the contract does not have an explicit definition that demands power imbalance between the parties, the court tracks its chain of thoughts down to the neighboring terms to figure out what the contract intended to say.

“’Words are, at least in part, defined by the company they keep,’ the court commented.”

Another place the high court uses to help clarify the original policy ambiguity is to go back to the history of the abuse and molestation exclusion. The exclusion started in the early 1980s, when there was a surge of sexual abuse claims arose against clergy members within the Roman Catholic Church.

It said its interpretation of physical abuse requiring a power element is supported by the context in which the exclusion originated. In the early 1980s, A majority of states, including Massachusetts, determined that sexual abuse claims brought against an accused abuser were not covered by the terms of an accused’s liability policy that excluded coverage for expected or intended bodily injury. It was against this backdrop that insurance companies began including abuse and molestation exclusions in their policies.

Another Court Case Concerning Commercial Insurance

Here is another case in which Louisiana’s Supreme Court overruled an Appeals court decision on Covid-19 related business interruption insurance coverage.

In case you are unfamiliar with it, business interruption insurance is a type of insurance coverage that replaces business income lost in the event of a disaster or covered peril, such as a fire or natural disaster. Typically it is not sold as a separate or standalone policy but is either added to a property/casualty policy or most typically included in a businessowners policy (BOP), which is a bundled policy involving several coverages.

Note business interruption coverage typically requires a direct physical loss or damage to a property caused by a covered peril, such as fire or water damage, in order for the coverage to apply. In other words, there are numerous, even unlimited, ways a business can be disrupted, but only those caused by physical loss or damage will be counted by this coverage.

This requirement has been upheld by courts consistently. Specifically, a slowdown of income will have little chance to be counted toward business interruption by the court.

The upside of this rule is to make cases easier to judge, while the downside is that sometimes it is too narrow. Of course, business owners can always buy additional coverages for losses from flooding, earthquakes, and mudslides.

What make this Louisiana story interesting is that there is a split of opinions in the Louisiana Supreme Court ruling, 5-2. The case itself is rather simple: If an insured bought business interruption insurance before Covid, they would like the insurer to cover their business income losses due to Covid. On the other hand, insurers argue that the Covid does not exactly cause any direct physical damage or losses, so that it should not be covered.

This is not the first time the same case is brought to the attention of the court. In fact there were 10 other similar cases in other states’ supreme courts, all ruled in favor of the insurers. The only exception was in the state of Vermont, where its high court favored policyholders.

Another reason Louisiana differs from other states is that the same case has undergone three turns. The first trial in February 2021, a Louisiana state judge ruled in favor of the insurer, meaning Covid-19 did not qualify for direct and physical loss or damage to property. In June 2022, the first ruling was reversed by the Louisiana appeals court, which held that the restaurant was entitled to business interruption coverage because of ambiguous policy language.

In its ruling, the Louisiana appeals court says, “the phrase ‘direct physical loss of or damage to’ was ambiguous and should thus be construed against the drafter and in favor of coverage.”

This report of BusinessInsurance.com tells more details in the Louisiana Appeal court ruling. The court “said the policy ‘covers the loss of business income due to necessary ‘suspension’ of operations caused by ‘direct physical loss or damage to the property.’” “‘Suspension’ is defined in the policy as the ‘slowdown or cessation of your business activities.’ Therefore, under the terms of the contract, the complete cessation of operations and uninhabitable property are not prerequisites to payment for business losses suffered due to the suspension of operations caused by ‘direct physical loss or damage to the property.’”

I would personally support the above ruling and ask the insurer to take at least partial responsibility of covering the restaurant by a vague terminology in the contract that is open to different interpretations.

From the beginning of the story we already know the final turn of the case from the Louisiana Supreme Court: It reversed the ruling by the Appeals Court. The reasoning of the majority opinion of the high court focused on the requirement of “direct loss or damage” to property, and said, “‘COVID-19 did not cause damage or loss that was physical in nature.’ It ‘never repaired, rebuilt or replaced any property that was allegedly lost or damaged.’”

The dissenting opinion is also interesting. It states that “while the restaurant did not suffer any physical damage, “it did suffer physical loss of its property due to the physical contamination of the property by the COVID virus, a physical thing.”

It even used an analogy of smoke and business interruption. “Like smoke for a fire next door that did no physical damage to other premises, but caused the business to be closed until the odor could be removed and the business cleaned, a physical loss occurred.”

This opinion has been viewed positively by the attorney for policyholders. “If a business has to close because of smoke, even if it did not have the fire, it is ‘absolutely physical damage.’”

The Lessons

All parties, both insured and insurer, should draft and read the insurance contract or policy carefully to detect and then to close any loopholes in the documents. This used to be easier said than done but today the story is different, because we have the AI powered GPT (generative pretrained transformer) to help us. It is safe to expect future insurance contracts to contain fewer legal loopholes than before.

Based on the Massachusetts case involving homeowner liability coverage, legal loopholes can arise not only from particular terms that stand alone by themselves (e.g., the word “suspension” of business due to Covid in Louisiana) but also the contextual circumstances (i.e., the words before and after, like we see in the Massachusetts case on “abuse and molestation” clause).

AI GPT can also help everyone, including people with no legal training at all, understand legal contracts better, by entering documents into a GPT model and then ask for quick explanations in laymen’s terms. With the AI assistance we can expect fewer lawsuits in the future.

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Did You Know?

Silicon Valley Bank: New Casualty, Old Causes

The Takeaways:

  1. Bank runs are still possible today because although we have learned to tighten centralized financial regulations, we are still weak in financial risk management that proactively predict risk and take preemptive steps — even for highly predictable and familiar risks.
  2. We have seen textbook examples of (1) how interest risk grows to a bank run through the well-known inverse relationship between bond price and (2) how liquidity risk from duration mismatch exacerbated by dramatic change in interest rate has created enough momentum to kill a solvent bank.

Silicon Valley Bank: The Good Beginning Story

Silicon Valley Bank (SVB, NASDAQ symbol SIVB) is not exactly a household name even in northern California where the bank is located (in Santa Clara County, one of the nine counties in the San Francisco Bay Area.) Frankly, I heard the 6 season comedy TV Series “Silicon Valley” since 2014 but don’t recall the bank’s name on top of my head, even though it is the 16th-largest lender in America, with about $200 billion in assets.

According to this article by Seeking Alpha, “ from 2019 to late 2022, SIVB total deposits more than tripled, growing from $61.7 billion in 2019 to $173 billion as of December 2022.”

A great story, right? Sure it is or was. But then comes the bad one. It all started from what the bank did with the deposited money. Normally this is not a problem, because most of the time most banks will lend the money out to individuals and businesses who can make a better use of the money than the depositors can, and earn a higher interest than they pay to the depositors.

This is what most banks do for living, among other activities.

For example, say SVB received a total deposit of $1 million from a startup firm called NuLife in Santa Clara County. SVB pays NuLife $20,000 (2% of the $1 million) in interest for putting their money in the bank, while keeps the rest of $980,000 in its account. The bank will not let the money sit there collecting dust but will lend it to another business called OldBuz at 5% interest, which is $980,000 x 0.05 = $49,000. In so doing SVB will earn a net amount of $49,000 – $20,000 = $29,000.

Earning a higher interest rate from the loan recipients than the interest rate banks pays to the depositors, this is the basic business model and SVB is not different from others. The only difference is that it did better than many others by attracting more depositors, especially tech startups and venture capital firms.

The Pandemic Shocks & the Changed Course of Government

Then the pandemic changed everything. I agree with this article of Business Insider that the SVB fallout “was a byproduct of the Federal Reserve’s hiking of interest rates by 1,700% in less than a year.”

But to fully understand the impact of the quick change of course by Fed, we must understand how much Fed had done during the pandemic, or how hard the Fed worked to make sure all lenders and borrowers can have easy access to money.

This paper of the Brookings Institute summarized the key changes by the Fed during the pandemic months, which has been credited with staving off an economic crisis and bolstering financial markets at a time when there was a “sharp contraction and deep uncertainty about the course of the virus and economy sparked a “dash for cash” — a desire to hold deposits and only the most liquid assets — that disrupted financial markets and threatened to make a dire situation much worse.”

First of all, the Fed purchased large quantities of government bonds and other securities, famously known as Quantitative Easing or QE, to make it easier for individuals and businesses to access credit, to stabilize financial markets and to support economic activity.

The Full Package of Stimulus from the Pandemic Era

The pandemic stimulus is not a single step but a full package of multiple programs, spanning not just monetary but fiscal steps. Let’s begin with the four (new and renewed) programs to promote financial liquidity for banks:

  1. Money Market Mutual Fund Liquidity Facility (MMLF), a program introduced in March 2020 to provide liquidity to money market mutual funds (MMFs), which are investment in short-term, low-risk securities like commercial paper, certificates of deposit, and Treasury bills. Fed lent money to eligible MMFs at a low interest rate in exchange for collateral in the form of high-quality assets, such as Treasury securities and agency debt.
  2. The Primary Dealer Credit Facility (PDCF), a lending program introduced in March 2020 to provide short-term funding to primary dealers, which are firms that have a trading relationship with the Federal Reserve and participate in the buying and selling of government securities, such as Treasury bonds and bills. These firms, which include SVB since 2015, are considered essential to the functioning of the financial system. Under PDCF, primary dealers can borrow funds from the Fed for a period of up to 90 days, using a variety of eligible collateral such as Treasury securities, agency debt, and mortgage-backed securities. The interest rate charged on these loans is set by the Fed and is typically lower than market rates.
  3. Direct lending to banks with a lowered rate by 2 percentage points (from 2.25% to 0.25%). It’s said that eight big banks agreed to borrow from the discount window in March 2020, just so that other banks won’t feel bad and fear that markets and others will think they are in trouble.
  4. Temporarily relaxing regulatory requirements to encourage banks to use their regulatory capital and liquidity buffers to increase lending during the pandemic.

The above are not the only game in town, as the Fed had other things in mind. Turned out that the liquidity it added to the shocked economy covered corporation (through the Primary Market Corporate Credit Facility or PMCCF, Commercial Paper Funding Facility or CPFF, Supporting loans to small- and mid-sized businesses, Supporting loans to non-profit institutions), households and consumers (through Term Asset-Backed Securities Loan Facility or TALF) and state and municipal borrowing (through Direct lending to state and municipal governments, Supporting municipal bond liquidity).

The following answer from Perplexity.ai, which integrates current web search results into the GPT (Generative Pre-training Transformer) process, tells us more about the fiscal stimulus on top of the monetary policy changes:

“The US government implemented both fiscal and monetary stimulus measures to mitigate the economic impact of the COVID-19 pandemic. Fiscal stimulus measures included direct payments to individuals, paycheck protection, student loan forbearance, eviction and foreclosure moratoriums. The economic impact of the pandemic sent the US economy into a recession in February 2020, with unemployment rates rising as high as 14.7% in April 2020.The direct payments to individuals were referred to as “economic impact payment” checks amounting to up to $1,200 per eligible adult.

“There were three rounds of such checks, including additional payments of up to $600 and $1,400 per person in 2021. The size and scope of these direct checks was a new experiment for the US government.

“The Federal Reserve Bank estimated that US fiscal stimulus during the pandemic contributed to an increase in inflation. However, economists largely agree that the money helped local governments shoulder significant pandemic-related costs and many governments avoided deep budget cuts. Many states have even reported surpluses.”

Here we have it: a teamwork of government branches toward the same goal of avoiding pandemic induced recession.

The Insightful Warning

Installing stimulus is one thing, foreseeing its full consequences is another. It is the latter that is the key for risk management. For that we must thank the former U.S. Treasury Secretary Lawrence H. Summers, who was the first to point out the danger of inflation following fiscal and monetary stimulus during the pandemic. The following answer from Perplexity.ai tells us that “In February 2021, he warned that additional government stimulus efforts to combat a pandemic slowdown raised the risk of inflation. He has since sent several warnings to Washington urging them to tap the brakes on stimulus or risk unleashing a serious burst of inflation.” Not only that, but Summers disagrees with the common belief that inflation is transitional as points out by this article of Barrons.com. “He was right: Consumer prices rose 8.6% year over year in May, the fastest pace in 40 years.”

Coordinated Stimuli Require Coordinated Risk Management

I agree with this article by Business Insider that cites Lundy Wright, partner at Weiss Multi-Strategy Advisers, that “(w)hen you raise interest rates quickly, after 15 years of overstimulating the economy with near-zero rates, to not imagine that there’s not leverage in every pocket of society that will be stressed is a naive imagining.”

Wright used a “double negative” sentence that is not the easiest to understand. His message is simply that we should expect some passengers to fall off of the bus when the driver made a sharp turn without reducing the speed.

Once again, much attention has been given to Fed’s monetary policy but not enough to the fiscal side, at a time when coordinated risk management is called for.

The aforementioned article of Business Insider points out that Fed’s “prolonged period of low interest rates created many financial dislocations that are now flaring up.”

In the SVB case, the “dislocations” came from two familiar places. The first is interest risk showing as the inverse relationship between interest rate and bond prices; the second is liquidity risk as maturity mismatch between long term asset holdings and short term liability demands. The SVB management has done a lousy job in handling both risks. These when combined with the startups’ high liquidity demand, led to the collapse of SVB.

The First Dislocation After QE: Interest Risk

Let’s begin from the inverse relation between interest rate and bond price. I’ll simply call it interest risk because what drives the inverse relation is the changed interest rate.

Long story short: The pandemic QE made it hard for banks to earn high interest income from writing loans to businesses and individuals. This is because when money is everywhere available, charging a high interest for bank loans is a mission impossible, it only drive customers to your competitors.  

So here is the problem: SVB was sitting on a big pile of deposited money and must find a place to keep it safely and profitably. SVC chose to park its money in treasury bonds, which is known as “risk free” because they are backed up by federal government tax revenues so there is no need to worry about default, meaning no need to worry about the bond issuers (the Treasury Department) to go bankrupted without paying off their debts to bond buyers or investors.

Of course, hardly anything under the sun is entirely risk free. Although the Treasury Bond (or “T-Bond” as it is often called, or simply “Treasuries”) itself is very safe, it does have a time related problem, where T-Bonds fight with each other to turn it into a risky game.

To illustrate, let’s think of a car dealership selling both used cars and new cars. The Treasury department is a new car dealership and only sells newly issued T-bond to investors. Bond buyers however don’t have to keep their bonds until maturity, just like car buyers don’t have to keep the same cars until they are no longer functioning. Bond buyers can sell their bonds before maturity just like a car buyers can sell his used car before it is dead — in a secondary market.

But here is where a risk free product becomes risky: In the secondary market where bond owners trade among themselves like used car owners do to their second or third hand cars, the price is not guaranteed. Some “used” T-bonds can sell a high price while others low, just like “hot” and not so hot brands of used cars.

One thing different in the used car market is that the price is almost entirely determined by the age of the car. A 1998 Civic will be sold cheaper than a 2011 Civic, other things equal. Another thing that is almost certainty is that nobody will ask a price higher than his original purchasing price — unless the car belongs to some rare classic models.

Unlike used cars, the old T-Bond can be resold in the secondary market either above or below the original purchase price. The age of bond has little impact on the resale price, only the difference between new and old interest rates.

Yes, in the bond game interest is the king, almost nothing else matters as much. Most people expect that the principal will be returned at the end of the maturity date, so This is so because people buy bond for the one reason of receiving interest payments, much like people buy car for driving. Buying bond is lending your cash to the bond issuer, who must pay interest to entice bond buyers.

Imagine someone wants to borrow $1,000 from you. Your first response is “Why would I lend you the money? I don’t even know you.” Well, the shortest — but convincing — answer from the stranger will be “I’ll pay you interest every month before I return your $1,000 in two years.” For most people, that’s a reason good enough.

Back to the old or secondary bond market, the key question buyers ask sellers is not how old the bond is, like in the used car market, but “what interest did you (or do I) get?” The reason is simple, if the seller gets 2% interest, that’s the rate the buyer in the secondary market will get after buying.

Here is the question: If the newly issued bond is paying 3% interest, why would anyone buy the “used bond” that only pays 2%? The only reason for a rational buyer is when the used bond (paying 2% interest) is offered at a lower price than the seller paid before. This is where an inverse relation between current interest rate and bond price comes into play.

This is similar to selling your old, gas inefficient car today at a lower price because buyers have more gas efficient new cars to buy from someone else in the new cars market.

SVB got itself into such a troubled situation as the bond seller: The bank needed to sell bonds for quick cash to pay depositors, but the only way for anyone to buy the bond is when SVB lowers the bond selling price. Every transaction when the bond changed hands means a loss for SVB.

The Second Dislocation After QE: Liquidity Risk

Liquidity risk, in its simplest term, means you are out of cash when you need them the most. It differs from poverty, which means no money anywhere in any form, people facing liquidity problem have money but in the wrong form or wrong places other than cash.  

SVB got itself into a liquidity trouble because it invested heavily into mortgage backed securities (or MBS for short), in addition to Treasuries.

For those not familiar with MBS, starting from mortgage loans would help. Strictly speaking, a mortgage is a loan, so you don’t have to say, “mortgage loan,” just “mortgage” is fine. Mortgage is a loan specifically for buying a home or property. Of course, lenders are not charities and then offer mortgage because they will receive interest payment from homebuyers.

When you take out a mortgage, you agree to pay back the money you’ve borrowed (called “principal”), plus interest, over a set period of time like 15-30 years, in addition to taxes and insurance. If the borrower fails to make payments on their mortgage loan, lenders have the legal right to take the home (or commercial property) back and put them in the market for sale through a foreclosure auction.

Generally speaking, mortgages that last anywhere at or above 10 years are long term loans. Most mortgages are therefore long term loans. The other feature is that individual mortgages are not considered securities because they have little risk — lenders can always take back the properties from borrowers, called collateral, for failure to make loan payments. Finally, a mortgage cannot be traded in the market because it is not an investment vehicle but a loan involving two parties: borrower & lender.

The story with MBS is different. First, it is created when banks issue mortgages to homebuyers and then pack or bundle up many mortgages and sell the package to a group of investors. As such, MBS is always an investment product bought and sold through a broker by investors, which include individual investors, corporations, and institutional investors on a secondary market.  

MBS is designed to free up the capital of the original mortgage lenders, often banks, credit unions and other financial institutions, so they can lend to more potential homeowners by leveraging investors who want to have a low risk investment at a discounted price.  

Secondly, most mortgages in the US are securitized, meaning they exist in the form of MBS that is traded in the markets for profit. Thirdly, most MBSs are issued by government-sponsored enterprises such as Fannie Mae, Freddie Mac, and Ginnie Mae that buy mortgage loans. Fourth, they are considered relatively low-risk investments especially if an MBS is guaranteed by the federal government, investors do not have to absorb the costs of a borrower’s default.

That said, an MBS is only as safe as the mortgages that back it up. During the subprime mortgage meltdown of 2007-2008, many MBSs were vastly overvalued due to non-payments. More generally, interest rate risk always exists with MBSs, as its price can drop when interest rates rise — just like the Treasuries (remember the discussion we had earlier?) In many ways MBSs are like bonds, both are fixed-income securities that pay a set amount of interest over time.

Interest risk explains “reinvestment risk” because when interest rate is low, borrowers want to refinance to take advantage of the lower interest rate. Let me illustrate with a hypothetic example.

Imagine you are currently paying off a fixed-rate mortgage with a 30-year loan term at 6% interest rate. Now, say the current interest rate is only 4%. You decide to refinance, which means to take out a new loan to pay off an existing mortgage. 

To make it easier to understand, say you have two investor friends, Fred and Sam. You met Fred first when the prevailing interest rate is 5%. Fred offered you $2,000 at 5% interest a year for two years, you thought you did not have choice, so you agreed. One year later you met Sam when the prevailing interest rate is 3%. After hearing your story with Fred, Sam says he’d be happy to lend you $2,000 for two years at only 3% interest.

Guess what you will do? You will borrow $2,000 from Sam and give it to Fred right away, telling him the deal is over as you find a lower interest to pay — assuming you’ve already paid $100 interest (5% of $2,000) to Fred for the last year. This is refinance and you saved yourself $80 because instead of paying $200 in two years to Fred, you only pay $120 to Sam in two years (3% of $2,000).

Fred now has a “reinvestment” problem because his money (a loan) was prepaid by you so he must find another borrower to lend the money to. Knowing Sam’s is willing to go as low as 3%, Fred will have to go down with the lower interest rate.

In addition to interest risk, credit and default risk is also associated with MBSs. This is straightforward: investors will experience losses if borrowers fail to make their interest and principal payments. Importantly, MBS investors are not the owner of the mortgage, so if a borrower defaults, not only the investor’s income will be interrupted but they do not claim any proceeds from foreclosure sales.

The Macroeconomic Risk of MBS: Negative Convexity

Interest risk, reinvestment risk and credit and default risk are all real but in the case of SVB, the macroeconomic risk associated with MBS is negative convexity.

First of all, convexity means curving outward—like the shape of the outside of a contact lens. The opposite is concavity, which means curving inward—like the shape of the inside of a contact lens. Put differently, a concave shape can be “filled,” while a convex shape creates a dome.

In our context, to understand convexity we need to understand duration first, which measures how sensitive bond price is to changes in interest rates. For example, if a bond duration is 3, it means when interest rate increases by 1%, bond price will decrease by 3%.

There are two contributing factors: time to maturity and coupon rate. The longer time before bond or MBS maturity, the higher the duration. This is easy to understand: If you lent money to someone and the borrower will pay you back tomorrow, you don’t care much about interest rate change because the loan has the “time to maturity” of just one day. Now, if you loan money to someone for 20 years, then interest change matters much more to you because your interest risk is higher over a longer period.

Similarly, the larger the coupon rate, the lower the duration, because a part of money has been paid back through coupons, which is just another name for “annual interest.” In an extreme case, we have bonds that are zero coupon bonds, meaning do not pay any coupon or annual interest at all until it’s maturity date, then duration is equal to time to maturity.

Now, convexity is measuring the rate of duration changes. Turns out duration is an approximation of the change in bond price in response to interest rate changes. For small changes in interest rate, it is accurate but not for larger ones as it always overestimates the price change if interest rates rise a lot, like the situation we are seeing today. Convexity helps correct this overestimation and provide a more accurate estimate of how much a bond’s price will change given a certain change in interest rate (or “yield” as commonly called).

With negative convexity, when the interest rate increases (like we are seeing today), the price of a negatively convex bond will fall by a greater rate. This does not hold for the opposite case when interest rates decrease. In other words, bond or MBS price is more sensitive to a rate increase than a rate decrease. A rate increase (like we see today with inflation) poses a bigger risk on bond price than a rate decrease. This makes negative convexity a bigger issue for SVB this time.

Callable bonds and mortgage-backed securities are examples of negatively convex bonds.