Examples of risks that are frequently not insured but can be insured in a captive include loss of a key customer or distributor, loss of a key employee, contingent business interruption, environmental liability, regulatory changes, trade secrets, intellectual property and cyber risk. (Photo: Shutterstock)

The adoption of captive insurance arrangements is on the rise, with middle-market business owners realizing both their risk management and planning benefits — but ambiguity and controversy has kept some business owners and their advisers at bay.

For the past three years, the Internal Revenue Service (IRS) has placed the Section 831(b) small captive structure on its “dirty dozen” list of abusive tax schemes.

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