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September, 2008:

Special Bulletin 9/30/2008

Greetings once again. I thought it was important to drop you a note this morning to help you work through this situation in the markets, as it can look pretty dire. I want you to know that, as I stated in this newsletter earlier this month – this situation is a fleeting thing. We will soon have the “bailout” in place, and the markets will recover. It’s important to keep all of this in perspective… while the headlines shout about the largest drop ever in the stock market, bear in mind that in terms of percentage, this doesn’t even come close to the largest drop. I realize it can be painful to watch – but if you’re invested for the long term (which you all should be) then this short-term “noise” will have little impact on your overall plan. As we’ve noted before, with pessimism at its height, it won’t be long before things turn around. It’s always darkest just before dawn.

Take a hint from this quote:

“I have not looked at any of my holdings and don’t intend to. I don’t want to be tempted to jump because I think I’d be more likely to jump in the wrong direction than the right one. My advice has always been to choose a sensible diversified portfolio and stop reading the financial pages. I recommend the sports section.”

That was from Richard Thaler, professor of behavioral science and economics, University of Chicago Graduate School of Business.

And as always, if you want to talk it over, please give me a call.

Special Bulletin

In light of the economic tremors that are going on in the financial sector today, I felt compelled to provide a comment: The failure of certain firms who took part (on the institutional side) in the personal real estate frenzy was not unexpected. The problems produced by the greed of that event were bound to “come home to roost”. It is unfortunate that this part of the inevitable cycle has to come at this point, though. Just last week, we saw very favorable signs of resolution to the overall financial marketplace’s woes: mortgage rates plunged, consumer confidence surged (partly in response to the strengthening dollar), commodity prices declined, and other systemic gauges improved. These signs all point to an overall improvement in the outlook for the home price issue (and the overall economy) at the root of the market’s problems of late.

As with the demise of Bear Stearns earlier this year, our marketplace will absorb this action regarding Lehman. The improving underlying forces of the market mentioned above will continue to move forward, and we’ll see an end to this current turmoil soon. Using history as our guide, we know that “this too shall pass”.

Going forward, I expect for confidence levels to continue to increase, in spite of today’s news, and for the market issues to eventually work themselves out – most likely by the Spring. All of these factors’ improvement are building the basis for home prices to stabilize, and the overall marketplace is getting back on track.

In short – as many of you have heard me say before: When the markets are down is not the time to make brash moves. We can be our own worst enemy if we think we can resolve this problem on our own. Don’t just do something, stay put.

And as always, if you want to talk it over, please give me a call.

It Has Fell

So – Fall has fell. As far as I can tell, it looks like we’re in for Autumn weather from here on out. That’s not such a bad thing, really, except for the fact that we had so little Summer-like weather this year here in the Midwest. I suppose there’s not much we can do about it, besides, as I’ve mentioned on these pages before, Fall is one of my favorite seasons anyhow. This year isn’t bringing the promise of post-season baseball for the Cardinals, but I know that the Cubs fans are really looking forward to October. Good for you – make the most of it!

I have an article for you this month which explains (briefly) the concept of the Stretch IRA, and how you may use this as an estate planning tool for your family. As always, feel free to call me if you have any questions about the articles, or if you’d like to discuss your specific situation more completely.

Stretching Your IRA – A Legacy in the Making

The term “stretch IRA” has become a popular way to refer to an IRA (either traditional or Roth) that has provisions that make it easier to “stretch out” the time that funds can stay in the IRA after the death of the owner. A stretch IRA is not a special type of IRA under the Internal Revenue Code, rather, it’s a traditional or Roth IRA that has language in the custodial or trust document that gives a beneficiary or contingent beneficiary the option to take distributions from an inherited IRA over the beneficiary’s life expectancy. This language also generally allows for successor beneficiaries to be named, facilitating the further tax-deferred growth of the IRA over (possibly) more than one generation. There’s nothing really dramatic about this “stretch” language; any IRA provider can include it. The fact is, though, many don’t. Absent the “stretch” language, IRA funds might have to be distributed on a much more aggressive basis upon the death of the IRA owner or original beneficiary.

Why Is Stretching an IRA So Important?

stretch by mandj98Earnings in an IRA grow tax deferred. Over time, this tax-deferred growth can help an individual to accumulate significant funds in her IRA. For someone fortunate enough to have the funds to support himself in retirement without the need to tap into his IRA, continuing this tax-deferred growth for as long as possible may be a priority. These folks may want for their heirs to benefit from this tax-deferral as well.

As an example, let’s say Phred, age 62, has a $400,000 IRA. In addition, having recently retired, Phred has a pension from his former company that pays $40,000 per year, and he has other funds (outside the IRA) that provide an additional $15,000 per year in income. Phred’s annual living expenses are (conveniently enough for our example) exactly $55,000 per year. With those circumstances, there is no need to withdraw funds from his IRA until he is required to do so (at age 70½). Phred has named his wife Ethyl, age 60, as the beneficiary (Phred didn’t name her Ethyl, her parents named her Ethyl – he only named her the beneficiary!). They have agreed that, should Phred pass away, Ethyl also would not take distributions from the IRA until required (or necessary), with the intention of leaving the balance of the IRA to their grandchildren. Phred dies at age 70, before reaching age 70½.  At this point, the IRA has grown to $687,000 (7% per year). Ethyl rolls over the IRA into a new IRA in her name, and does not take a distribution until her age 70½, at which point the IRA has grown to more than $813,000.

Clarifying Two Important Points

Now, a couple of things need to be clear at this point, as the Internal Revenue Code has made this matter quite complicated. The first is that, had Ethyl been under age 59½ and needed the income from the IRA, she could have begun taking distributions of income from Phred’s IRA immediately – using his attained age rather than her own. Given that she did not need the funds, though, it was beneficial for Ethyl to roll over the IRA to her own IRA, which allowed for the deferral of the Required Minimum Distribution (RMD) beginning date. It’s also important to note that, if Phred were the younger of the two, Ethyl could have deferred that RMD beginning date until the date that Phred would have attained age 70½.

The second point that needs to be clear is that, when Ethyl sets up her rollover IRA, it is critical that the beneficiaries are specifically named on the beneficiary form. The reason for this is that, upon her death, if the beneficiaries are not specifically named, or if the beneficiaries have pre-deceased the IRA owner and subsequent or contingent beneficiaries are not named on the beneficiary form for the IRA, an entirely new set of rules applies (see Non-Designated Beneficiaries below for this explanation).

By naming the beneficiaries specifically, the intentions of the account owner are clear, and will be carried out as she wished. However – if there is more than one beneficiary, it is important to make sure that each beneficiary has had a receiver (rollover) IRA set up and the funds rolled over into the account by the end of the year following the year of death. If these separate accounts have not been established in this timely fashion, the funds must be distributed using the age of the oldest beneficiary as the lifetime. If the accounts are set up as directed though, each beneficiary uses his own age as the lifetime for the distributions.

Meanwhile, Back at the Example…

Continuing our example, let’s assume that Ethyl passes away at age 72, having taken two minimum distributions from her account, and the account is now worth over $868,000. She and Phred had three grandchildren as beneficiaries: Chip, age 30, Robbie, age 20, and Ernie, age 10. (I know I’m off on a tangent here, but they had chosen to disinherit their oldest grandson Mike, since he wasn’t around any more after the first season.) Since Ethyl had wisely specifically designated the three boys as beneficiaries, each one could draw out the Required Minimum Distributions using their own ages. For Chip, this means that his first distribution would have to be at least $5,431, for Robbie, $4,595, and for Ernie, $3,976. Of course the three boys had had their own separate accounts set up to roll over their inheritances as the law requires. Had they not set up these accounts, all three would have to take distribution of the amount of the oldest beneficiary, Chip. This would mean that Robbie and Ernie would be unnecessarily taking additional (taxable) distributions from the inheritance.

Another way to deal with this would be to set up a trust as the beneficiary of Ethyl’s IRA, naming the grandsons as specific beneficiaries of separate trust shares. In this fashion, each would still be able to take distributions over their own lifetimes.

Bear in mind, these beneficiaries are REQUIRED to begin taking distributions upon their inheritance of the IRA proceeds. The only way to defer taking distributions from an inherited IRA is if the beneficiary is the spouse, which we discussed earlier above. Any other person or trust (who is not a spouse) must begin taking distributions upon inheriting the IRA, per their own life, using the Single Life table from the IRS.

Non-Designated Beneficiaries

As mentioned above, if the beneficiary of an IRA is not properly designated on the IRA beneficiary form, a completely different set of rules comes into affect. This situation comes into play when your primary beneficiary pre-deceases you, or if for some reason the original documentation of your beneficiary can not be found (happens more often than you want to know!). This is why it is critical to make copies of your beneficiary designation form, as well as to check up with your IRA custodian to ensure that the proper information is applied to the account. Update these records if your primary or contingent beneficiaries should happen to die before you.

So, if a properly designated beneficiary is not named on the account information, your will (or the state’s probate law) will determine the non-designated beneficiary. At that point, if the RMD beginning date for the owner of the IRA has already passed, the beneficiary may take distributions over the remaining life span of the original owner using the Uniform Life table from the IRS. If the RMD beginning date has not passed (that is, the owner of the IRA is less than age 70½), then the non-designated beneficiary must take distribution of the entire account’s proceeds within five years of the end of the year in which the account owner died. Obviously, this is not a preferred method, as all of these distributions are taxable as ordinary income, and this five-year method results in very large distributions.

Back to our example – had Ethyl NOT properly designated her grandsons as beneficiaries and had passed away prior to age 70½, each grandson would be required to take distribution of nearly $290,000 within five years of Ethyl’s death. Conversely, if Ethyl had attained age 70½ by her death, the boys could stretch out their payments over the Uniform Table’s span, amounting to required distributions of just a little over $10,000 to each boy, increasing each year until the account is exhausted.

In a nutshell, that’s the stretch IRA. It can be pretty complicated, depending upon your wishes, but in most cases it’s not too difficult to work out a proper plan. Hopefully my examples have shown the benefit of properly setting up your IRA beneficiaries, as well as making sure that your wishes and directions are well understood by your heirs and executor. If I can be of any help to you as you set up your IRA to stretch for your heirs, please let me know.

Photo by mandj98