3 4. The second form of payment to sales representatives is net earned commissions. Earned commissions are calculated on a policy-by-policy basis as premiums are paid by policyholders. Earned commissions are applied in the following order: (1) to recover outstanding loans in the form of advance commissions; (2) to reimburse Primerica Life for advanced business expenses such as license fees, etc.; and (3) to cover outstanding loans that have been charged to the sales representative's account ("chargebacks"). Net earned commissions credited during any calendar year to a sales representative's account are reported to the IRS as income on Form 1099-MISC. Ms. Wilson further stated that "the obligation to pay commissions attributable to the sale of MILICO insurance products was the responsibility of MapleLeaf Insurance Services" (MapleLeaf). Petitioner testified that upon selling an insurance policy, he received an immediate advance equal to a percentage of the premiums due on the policy and was entitled to keep this amount if and only if the policy was held by the insured for a minimum of 7 months. According to Ms. Wilson's affidavit, the advances were intended as loans, and there was an unconditional personal obligation on the part of petitioner to repay the advances either with the future commission, credited to his account after the relevant 7 months elapsed, or out of his personal funds. The advances were not reported by MapleLeaf to the IRS as income on Form 1099-MISC until the 7 months elapsed, and petitioner had an unconditional right to the funds or their equivalent.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011