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More Information About the Ultimate “Do-Over”

two people on a beach by mikebaird

12/8/2010 update – the SSA revised the “Do Over” a bit.   See the article “SSA Revises Withdrawal Policy” for details.

If you don’t know about this tactic, you can read the article The Ultimate “Do Over” by clicking the link.  Briefly, this tactic provides a way for you to file for your Social Security benefit and then later, after your benefit would have been potentially increased had you not filed, you can re-pay what you’ve received and start over at your new age. (Read the article at the link above, it’s explained much better there…)

I didn’t tell the complete the story in that article though:  there are a few items that you need to keep in mind with regard to this tactic.  I’ll finish the story below.

More Information

Affordable Annuity. This tactic is called the Ultimate “Do Over” because it represents an extremely affordable annuity.  By this I mean that, by going through the process of re-setting your benefit after repaying, you can effectively increase your benefit for an extremely low cost.

For example, if you filed and collected Social Security at age 62, and then at age 70 paid it all back – approximately $160,000 (no interest, just the payments!).  When you restart your benefit at age 70 your new payments are increased by roughly $1,400 per month.  In order to achieve the same income ($1,400 per month) with inflation adjustment, it would cost you a minimum of $230,000 (based on popular internet-based calculators).  And that doesn’t include survivor’s benefits.  Pretty much any way you figure it, this is a great deal.

Payback Includes Every Payment Received. When you figure out the amount that must be paid back, you have to include not only the amount you have received on your own account, but also any amounts others have received based upon your account – including your spouse, children, other dependents, and any ex-spouses who are taking benefits based on your record.

Each of these folks must consent, in writing, to the payback and subsequent stoppage (and restartage) of benefits.  This might be problematic, especially if we’re dealing with an ex-spouse with whom there might be a contentious relationship.

For the administrivia-concerned:  the payment must be made via a money order or cashier’s check.

There’s a Downside. You also need to know that there’s a downside to this tactic.  While you’re collecting your benefit prior to enacting the “Do Over”, if you should happen to die, your spouse’s Survivor Benefit will be based on the earlier age benefit that you took before.  This can result in a dramatically-reduced Survivor Benefit – which can be exactly counter to what you were intending to accomplish when you considered this tactic in the first place.

Photo by mikebaird

The One Downside to the File and Suspend Tactic

492px-First_SuspendersNote: with the passage of the Bipartisan Budget Act of 2015 into law, File & Suspend and Restricted Application have been effectively eliminated for anyone born in 1954 or later. If born before 1954 there are some options still available, but these are limited as well. Please see the article The Death of File & Suspend and Restricted Application for more details.

Some time ago I wrote about The File And Suspend Tactic for Social Security Benefits.  Briefly, this is where you file for your Social Security benefit, most often at your Full Retirement Age (FRA), and then suspend payments, so that your spouse can begin taking the Spousal Benefit based upon your FRA benefit amount.  You then delay receiving your benefit until age 70, maximizing your lifetime (and potentially your spouse’s Survivorship) benefits.

There is one downside to the File and Suspend tactic, though:  since you have filed, any spousal benefits based upon your spouse’s record will be limited to the excess spousal benefit, or offset.  Remember, spousal benefits are based upon (at most) half of your spouse’s PIA minus your own PIA (if you’ve filed).  If you haven’t filed and you’re over Full Retirement Age, you can file a restricted application and receive a benefit equal to half of your spouse’s PIA.  If you have filed (or filed and suspended) then your spousal benefit will be limited to the amount that is greater than your own PIA.

Here’s an example:

John is age 66, Full Retirement Age, and has a PIA of $2,000.  His wife Joan is also FRA, and she has a PIA of $1,000.  John is intending to delay his benefit to age 70.  If John Files and Suspends, he will not be eligible for a Spousal Benefit, since his PIA is more than half of Joan’s PIA.  If John doesn’t file and suspend, he could be eligible for filing a restricted application for spousal benefits, equal to half of Joan’s PIA.  (Joan would have to file for her own benefit to enable this).

On the other hand, if John were to File and Suspend, and then Joan files a restricted application for Spousal Benefits only, she would be eligible for a Spousal Benefit of $1,000 (half of John’s PIA) – and since she hasn’t filed for her own benefit her PIA isn’t subtracted from that amount.  Then she can wait until age 70 and file for her own benefit, which will be increased by the Delayed Retirement Credits.

This downside is definitely one that you should keep in mind if you’re enacting the File and Suspend option.  It pays to fully understand what File and Suspend enables, but also what it takes away.  In the case of John and Joan, John should File and Suspend, and Joan should file the restricted application.  This will result in the greatest amount of benefit for this couple.

Photo by Wikimedia

Independent’s Day

independence day by DrewMyersOkay, this has nothing to do with America’s celebration of independence from British rule… other than it’s a play on words and you know I can’t possibly resist.

No, today’s post is about your own independence from the biases that are infused into advice you might receive from an advisor who is working for an insurance company, a brokerage, a bank, or a mutual fund company.  The way you can achieve this independence is to work with an independent advisor – an advisor who operates as a fiduciary, providing advice that is solely in your own best interest.  This is an important enough issue for me to direct you to other advisors’ websites – folks who technically are competitors to me – so that you can see what they have to say about this independence and the fiduciary duty of care that you, the consumer of financial services, deserve.

So, today I am highlighting several colleagues of mine who are independent financial advisors – and providing links to articles they’ve written about independent advice and the fiduciary duty that they engender.

For starters, Roger Wohlner, CFP®, a financial advisor based in Chicago, wrote the article “2010 The Year of the Fiduciary?”.

Nathan Gehring, CFP®, EA, who is running a financial advisory out of Appleton, Wisconsin, recently wrote about the fiduciary “fight” that has been going on in Congress as a part of the financial industry overhaul legislation in his article “Forget the Fiduciary Fight”.

Based in Atlanta, Georgia, Russ Thornton recently wrote an article entitled “Do Commissions Influence Your Advisor?”, which details some of the ways that you may be getting short-changed in the advice you receive.

And while we’re talking about advisors in the Peach State, Teri Tornroos, EA, CFP®, wrote the article “How is Your Financial Advisor Paid?”, giving you insights into the issues of commissioned advisors versus independent advice.

Jean Keaner, CRPC, CFDP, an independent advisor out of Keller, Texas, wrote an article announcing that “Motley Fool Endorses Garrett Planning Network”.  The Motley Fool, one of the most admired financial brands in America, has exclusively endorsed the Garrett Planning Network, a fee-only financial planning network whose members operate as fiduciaries for their clients.

Last but not least in my list is Curtis Smith, CFP®, who operates his fee-only financial advisory out of Sugarland, Texas.  Curtis recently wrote the article “Why People Want Independent Financial Advisors”.  More good information here about why you should choose an independent advisor to bolster your own independence.

If you’re looking for an independent advisor you can go to the Garrett Planning Network’s website and use the “Locate an Advisor” page to find a planner near you.  Another option is to go to the NAPFA website (NAPFA stands for National Association of Personal Financial Advisors) and use the “Find An Advisor” tool there.  No matter how you do it, you owe it to yourself to declare independence – and use these independents’ resources to help you do it.

Photo by DrewMyers

Capital Gains and Losses and Your Taxes

SNGLloyd_656If you own taxable investment accounts, real estate, collectibles, or literally any item that can appreciate or depreciate in value, you’ve likely had to deal with capital gains or losses on your tax return.  (Actually, only if you’ve sold the item.)  But how much do you really know about capital gains and losses?  The IRS has published Tax Tip 2010-35 listing 10 Facts About Capital Gains and Losses – detailing what the IRS deems important about gains and losses and how they could effect your tax situation.  Following below the IRS’ list is some additional detail on treatment of capital gains and losses.

10 Facts About Capital Gains and Losses

  1. Almost everything you own and use for personal purposes, pleasure or investment is a capital asset.
  2. When you sell a capital asset, the difference between the amount you sell it for and your basis – which is usually what you paid for it – is a capital gain or a capital loss.
  3. You must report all capital gains on your income tax return.
  4. You may deduct capital losses only on investment property, not on property held for personal use.
  5. Capital gains and losses are classified as long-term or short term, depending on how long you hold the property before you sell it.  If you hold it more than one year, your capital gain or loss is long-term.  If you hold it one year or less, your capital gain or loss is short-term.
  6. If you have long-term gains in excess of your long-term losses, you have a net capital gain to the extent your net long-term capital gain is more than your net short-term capital loss, if any.
  7. The tax rates that apply to net long-term capital gains are generally lower than the tax rates that apply to other income.  For 2010, the maximum long-term capital gains rate for most people is 15%.  For lower-income individuals, the rate may be 0% on some or all of the net capital gain.  Special types of net capital gain can be taxed at 25% or 28%.
  8. If your capital losses exceed your capital gains, the excess loss can be deducted on your tax return and used to reduce other income, such as wages, up to an annual limit of $3,000, or $1,500 if you are married filing separately.
  9. If your total net capital loss is more than the yearly limit on capital loss deductions, you can carry over the unused part to the next year and treat it as if you incurred it in that year.
  10. Capital gains and losses are reported on Schedule D, Capital Gains and Losses, and then transferred to line 13 of Form 1040.

Calculations

To determine tax treatment, your short-term capital gains (STCG) and short-term capital losses (STCL) are “netted”, and the same is done with your long-term capital gains (LTCG) and long-term capital losses (LTCL), as in the following equations:

STCG – STCL = Net STCG(or L)

LTCG – LTCL = Net LTCG(or L)

If the amount of loss (in either equation) is greater than then amount of gain, you have a net capital loss (either short or long).  Likewise if the amount of gain is greater than the amount of loss, you have a net capital gain.  These amounts are then netted against each other, as follows:

Net Capital Gains = Net STCG(or L) + Net LTCG(or L)

Tax Treatment Situations

If you have only short-term gains and losses, any net gain will be taxed at your ordinary income tax rate – that is, it is added to your other income from wages and the like, taxed just the same as income.  A net loss can be deducted from your income to the extent of the $3,000 annual limit discussed previously.  Any remaining net loss can be carried over to future years and deducted against net capital gains first, and then at the $3,000-per-year rate against your ordinary income until the net loss is exhausted.

Likewise, if you have both short-term and long-term gains and losses and the net short-term gains are greater than any net long-term losses, the remaining difference is taxed and treated as ordinary income.

If you have only long-term gains and losses, any net gain will be taxed at the applicable long-term capital gains rates (typically 0% or 15% through 2012).  Any net loss is treated the same as the net short-term capital loss described above.

If you have net long-term gains and net short-term losses that are less than or equal to the net long-term gains, in the “netting” discussed above, your net long-term gains will be reduced to the extent of your net short-term losses.

If the nettings result in net capital gains for both long-term and short-term, your net short-term gains will again be taxed at your ordinary income tax rate, but the net long-term gains will be taxed at the applicable long-term capital gains rate (typically either 0% or 15% through 2012).

And lastly, if the nettings result in net capital losses for both holding periods, this net loss is (as you might expect) allowed to be deducted from ordinary income at the $3,000-per-year rate.  Any amount of loss that remains is carried over to future years (as described previously).

Photo by Wikimedia

The Lost Decade and What it Means

last decade of 1st century bc by MaulleighBy now you’ve likely heard plenty about the “lost decade” in the stock market:  On January 3, 2000, the S&P 500 index closed the day at 1,455.22, and on May 28, 2010, the index closed at 1,089.41 – for a negative return on the nearly 10 1/2 years… I’m sure you’ve noticed in your investment statements.

But what does this mean?  There are plenty of folks out there (in the mass media) who will tell you that stock market investing is no longer a wise move… why, after all, if you’d had your money in a savings account you’d have done better!  So does this mean it’s time to chuck all of your stock investments and switch everything to bonds?  Of course not.

Remember, it’s long term

No matter who you are as an investor, if you expect to achieve any return above inflation, you have to include equities (stocks) in your portfolio to some extent.  And when developing portfolio allocations, pretty much anyone under age 70 should be considering a time horizon of 30 years or more – and those over age 70 should be thinking similarly, since your chance of living to age 95+ is continuing to increase every year.

What I mean by this long-term view is that you need to stop thinking about stocks in a day-to-day, quarter-to-quarter, year-to-year or even decade-to-decade context, but rather in the context of thirty, forty, fifty and more years.   A college graduate, just starting a new job this year and investing in a sparkly-new 401(k) may likely be continuing to take distributions from that 401(k) in the year 2080, for example.  Even if you’re retiring this year at age 62 – you may still have 30 or more years of investment activity ahead of you.

Think about all that has happened in our history over the past 30, 40, 50, 60, and 70 years – 70 years ago we were still over 18 months away from Pearl Harbor and the US entry into World War II.  We’re talking about a significant amount of history that has occurred – and a likewise significant amount of returns that stocks have provided over that time.

So let’s look at the numbers for the S&P 500 more closely:

Decade
Annualized
Return
30-year
Annualized
Return
70-year
Annualized
Return
1870’s 10.90% 8.16% 6.81%
1880’s 8.31% 7.20% 5.80%
1890’s 5.21% 3.59% 6.88%
1900’s 7.63% 7.09% 6.85%
1910’s (1.84%) 5.27% 5.54%
1920’s 16.78% 7.20% 7.53%
1930’s 1.88% 7.12% 7.23%
1940’s 3.36% 8.24% 6.44%
1950’s 16.45% 6.44%
1960’s 5.30% 5.02%
1970’s (1.34%) 8.09%
1980’s 11.48% 7.35%
1990’s 15.14%
2000’s (3.16%)
Average 6.86% 6.73% 6.64%

* These annualized numbers are inflation-adjusted and include re-invested dividends

Notice how the numbers fluctuate pretty wildly among the 10-year periods, but begin to calm down as you look at the longer-term time horizons.  While there is nearly a 20% differential between the best and worst 10-year periods, when you look at the 30-year periods the differential is less than 4.75%, and over the 70-year periods the differential is even less:  only 2% separates the best period from the worst.

So, while you may have an off decade or two in your overall investing experience, in the long term you’re likely to approach the average return, as long as you keep your head and remain vigilant with your investment allocation in good times and bad.

Why A Decade?

The other thing about this “lost decade” business that bothers me is that it’s an arbitrarily-chosen timeframe – why do we only want to measure in terms of an exact decade?  What if we started these periods in March of the years ending with 3?

10-year
Annualized
Return
30-year
Annualized
Return
70-year
Annualized
Return
3/1/1873 10.39% 8.49% 6.22%
3/1/1883 6.91% 6.36% 6.19%
3/1/1893 8.14% 4.51% 7.00%
3/1/1903 4.29% 3.37% 6.62%
3/1/1913 1.45% 4.73% 5.84%
3/1/1923 4.40% 7.66% 7.23%
3/1/1933 7.44% 10.38% 8.21%
3/1/1943 10.22% 9.34%
3/1/1953 12.64% 5.45%
3/1/1963 5.43% 5.11%
3/1/1973 (0.89%) 5.38%
3/1/1983 11.05%
3/1/1993 5.82%
3/1/2003 4.59%
Average 6.56% 6.43% 6.76%

* These annualized numbers are inflation-adjusted and include re-invested dividends

As you can see, within reason, these periods averaged out very similar when compared to the exact decades, but the differential between the best and worst decades was much different (this would be referred to as the “deviation” of the returns).  And as we noted in the first table, as the time horizon increases, the deviation reduces to very near the average for that timeframe.

So, don’t get hung up on an arbitrary measure such as this to begin with.  Recent history has a very poor track record for predicting the future (in short term views, especially) – remember how heady the market was after the 1980’s and 1990’s dramatic returns?  No fool would have suggested that you shouldn’t be in stocks at the turn of the millennium – but look at what has happened since then.  Same thing goes for the end of the 1970’s – stocks looked like a terrible place to be, but then along came the bull markets of the 1980’s and 1990’s.

Taking another view – when there’s a downswing in the markets, when you’re in the position of continual investing, you’re actually getting more shares for your money than in the upswing periods.  In the long run this gives you a much better footing than a single lump sum invested at (perhaps) the wrong time.

The Point

The point of all this is that if you have a long-term horizon (and we all do, to some degree) and you hope to earn something more than the level of inflation, stocks are your best bet.  And holding your properly-diversified portfolio of stocks through thick and thin is the best method for investing in the market – lost decade or not.  Because in the long run, stocks are most likely to return their historical long run average – which is much better than any other alternative investment out there.

Photo by Maulleigh

The Importance of a Fiduciary Standard of Care

Steven YoungToday, my friend and colleague, Steven Young, CFP®, has graciously provided a guest post, giving us his thoughts on the fiduciary standard of care.  Steven operates his Fee-Only financial planning firm, Steven Young Financial Planning, out of Springfield, Missouri.

A fiduciary is required by law to act in his or her client’s best interest at all times.  What you may not know is that the vast majority of those who call themselves “financial advisors” or “financial planners” are not actually subject to a fiduciary obligation.

Under current rules, advisors who are compensated by commissions on the sale of financial products are subject to a lesser standard known as the “suitability rule.”  This regulatory hurdle requires only that the product sold be appropriate for the client (in other words, not too risky) at the time of sale.  In fact, these “advisors” can now sell you products that pay them bigger commissions, without advising you that there might be a far better (and cheaper) alternative for you – it just wouldn’t be as good for them. Moreover, this suitability obligation ends once the transaction is completed.

Registered Investment Advisors that have either registered with the SEC or the state in which they do business do have a legal fiduciary duty to their clients.

One of the most important questions you can ask of anyone offering you financial advice is, “Do you have a legal obligation to act in my best interests?”

It is the bright white line that separates those who sit on your side of the table and have a legal obligation to act in your best interests and those who sit on the other side of the table and have no such obligation.

Members of the Fee-Only Financial Advisory community firmly embrace our role as a fiduciary for you.  This is not just a regulatory requirement imposed by law; it is part of our culture. Operating as Fee-Only firms to fulfill this role eliminates the conflicts of interest that may arise when advice is delivered through commissioned product sales.

To help educate consumers about the importance of the fiduciary relationship between advisor and client, the National Association of Personal Financial Advisors (NAPFA) hosts a website which provides information about the need for a fiduciary standard in the financial services industry as well as a checklist consumers should use in evaluating their own advisor.

If your friends and family are not working with a fiduciary advisor, please share this information with them.

Photo courtesy of Steven Young, CFP®

Financial Checkups – Have You Had Yours Lately?

checkupMany of us are diligent about maintaining the “stuff” in our lives… we get regular oil changes in our cars (and have the tires rotated when we think of it), we try to make it to the dentist regularly, and we have the annual inspection of our furnace/air conditioner.  But one aspect of our lives sometimes doesn’t get the attention that it really needs: our financial plans.

For lots of folks, we’d almost rather spend time in the dentist chair than gather all of those statements together, along with our previous plans (if we have any), and do a thorough review of where we are, where we’re headed, and if we’re on track for our goals – retirement being the goal of foremost importance to most.  Yes, we may have gone to a financial planner and talked over our financial situation, then implemented well… some of the recommendations.  After that, we put the plan documents on the shelf and have pretty much forgotten about it.

Things Change

As time passes by, things have a tendency to change – and that change is likely to have rendered your financial plans (you do have a plan, right?) hopelessly out of date.  Remember how your financial planner pointed out that the plans you discussed were only a “point in time” review?  And how the projections and recommendations would only be good for a short period of time?

Perhaps you’ve changed jobs, had a new addition to your family, or moved to a new home.  All of these things will have had an impact on your financial situation, for sure.  Have you gone back and reviewed your plans to include the changes?  Have you adjusted your insurance coverage to account for the new child?  Have you rolled over the 401(k) plan from your old employer? Did you have a home inspection done on your new home? that is something people sometimes forget says our source who does new home inspection in houston tx. These are all things that you need to do to maintain your financial life.

Maybe you’re thinking about putting into motion that Roth IRA conversion plan that you and your planner discussed a couple of years ago.  Some of the tax laws have changed since then, have you factored that into your plan?

Final Thoughts

I’m not saying you need to camp out on your financial planner’s doorstep any time something changes – many folks get along just fine in a “do it yourself” mode.  But if you’ve (wisely) chosen to utilize the services of a financial planner in the past and it’s been more than a couple of years – it would likely be well worth the effort to get back together and do a review.  This is especially true if you’ve had any major changes in your life, such as retirement or changes to your family.

And if you don’t already have a working relationship with a Fee-Only financial planner, you can always find one at the National Association of Personal Financial Advisors’ website, or the Garrett Planning Network’s website.  Both websites feature “Find a Planner” maps that can help you to locate an advisor to work with.  And of course you could always just give me a call if you like.

The point is that it makes sense to update your planning information – even if that just means developing a spreadsheet and tracking your savings, debt reduction, spending habits, and goals.  Without regular “checkups”, things can go awry for you without your knowing about it – and waiting too long between checkups can make small problems much larger that necessary.  So do yourself a favor and get a checkup!

Photo by Wikipedia

Tax Benefits for College

college books by wohnaiWhen faced with the high cost of college, you want to find and take advantage of every opportunity that you can to cut down on your out-of-pocket expenses, before you give in and take out loans.  So after you’ve applied for all of the grants, scholarships, and other non-loan financial aid that you can, it’s time to consider what sorts of tax benefits may help out with your situation.

Credits

There are two different kinds of tax credits currently available in tax year 2010 and 2011:

American Opportunity Credit – This credit is available for students (and parents of students) that are in their first four years in a degree program at college.  The credit is a maximum of $2,500, and is calculated as:  100% of the first $2,000, and 25% of the next $2,000 of Qualified Higher Education Expenses (QHEE) paid for that student.  QHEE is limited to tuition, fees, books, supplies, and other equipment required for the course of education at an accredited institution of higher learning.

Up to 40% of the credit can be refundable – meaning that, even if you don’t pay any tax at all, you may be eligible to receive as much as $1,000 in refunded credit.  (Note:  if you’ve been around the college tax credits block in recent years, this credit has replaced – or rather expanded – the old Hope Credit.)

Lifetime Learning Credit – This credit can help you to pay for any level of postsecondary education, including professional degree courses, graduate courses, and courses to improve job skills.  The credit is equal to 20% of the first $10,000 of QHEE paid for all students on the tax return, for a maximum of $2,000 in credit for the family.  There is no limit to the number of years that this credit can be applied to.

Deductions

There are two types of deductions available for education-related expenses as well:

A tuition and fees deduction is available for parents and students – which is a reduction to your Adjusted Gross Income (AGI).  Depending upon your income, you may be eligible to deduct as much as $4,000 in QHEE.

In addition, a Student Loan Interest Deduction is also available to help ease the pain of those student loans after college.  This deduction also reduces your AGI – and it doesn’t just have to be for a qualified student loan.  If you’ve used a home equity loan, a credit card, or other personal loan that was used exclusively for QHEE, the interest can also be deducted.  But be careful, the exclusive use provision can catch you – if any part of the non-qualified loan is used for a purpose other than QHEE, the interest is not deductible.

College Savings Plan Benefits

There are also two types of college savings plans that can be used on a tax-benefited basis, to help you pay college expenses.

Section 529 Qualified Tuition Programs – These programs, often referred to as 529 plans or QTPs, provide a vehicle for families to save up for college expenses on a tax-favored basis.  With a 529 plan, families can contribute amounts to the savings plan, and the account is invested – as the account grows, if the distributed funds are used for QHEE (in this case, including room and board), there is no tax on the growth.  The only limit to the amount of contributions is in relation to gift tax limitations – for most folks this isn’t a problem, but consult your advisor if you have questions.

Coverdell Education Savings Accounts (ESA) – ESAs are similar to 529 plans, with a few differences.  ESAs can also be used for private elementary or high school expenses, in addition to QHEE.  In addition, there is a specific limit of $2,000 in contributions per student per year.  The same tax treatment as the 529 plans applies to ESAs – as long as the distributions are used for education expenses, there is no tax on growth in the account.

Coordination of Benefits

The Lifetime Learning Credit and the American Opportunity Credit cannot be claimed for the same student in the same year.  Likewise, neither credit can be applied to the same student in the same year as a tuition and fees deduction.  You also cannot claim the same expenses as the offset for distributions from a 529 or an Education Savings Account.  As you might have guessed, the same holds true for coordination between the tuition and fees deduction and a 529 or ESA – the costs used for either cannot be used for the others.

Photo by wohnai

Charitable Contributions From Your IRA – 2010 and Beyond

sea otter by mikebaird

12/19/2010 – with the passage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, the provision for an IRA owner who is at least age 70½ to make a direct charitable contribution of up to $100,000 from his or her IRA has been extended through the end of 2011.  Such a direct contribution can be used to satisfy the IRA owner’s Required Minimum Distribution.

See the article Charitable Contributions from Your IRA in 2010 and 2011 for more details.

Photo by mikebaird

Economic Indicators – What’s Important to Watch?

2CARU plan position indicator by kenhodge13You see them on the news, in the newspaper, on the internet.  Not every day, but certainly it seems like a new one every week:  Key Economic Indicators.  There’s the CPI, GDP, and Unemployment.  There’s also the Consumer Confidence Index and Leading Economic Index.  What’s this all about?  What do these numbers mean? And most importantly, which ones should we pay attention to?

Below I’ve listed several of the more important economic indicators and what makes up the indicator, along with my commentary on what the indicator may tell us.  If I’ve left out any of your favorites, let me know!

Key Economic Indicators

Gross Domestic Product (GDP) – this is the value of all goods and services produced in the United States, minus the value of imported goods and services.  This broad measure of economic health shows the quarter-by-quarter growth or shrinkage of the US economic output.  Comparisons are most often made between the current figure and the previous quarter and year.  These numbers are reported quarterly, and are revised in following months as more complete data is gathered.

The main number that you’ll see referenced is the “real” GDP or “real” GDP growth – meaning that the numbers are inflation-adjusted to a reference point (these days the reference is to the year 2005).  In other words, real GDP growth for a year is based upon the GDP figure from the previous year to the most current figure, with inflation factored in.  For the most recent quarter reported, you can go to the website of the Bureau of Economic Analysis.

As you might expect, it’s a positive sign to see the real GDP growing.  In the past year though, GDP has reduced, which is why our current economic cycle has technically been called a recession.  A recession is defined as two quarters of decline in GDP, amounting to less than a 10% decline.  If the decline is 10% or more, the economic cycle is technically a depression.  From the second quarter of 2008 to the second quarter of 2009, we saw four quarters of GDP decline in a row, amounting to a total decline of 9.6% – close to a depression, but no cigar.  Since that point, we’ve seen two quarters of GDP growth through the fourth quarter of 2009 (most recent data as of this writing).

Although this is an important number to understand what has happened in our economy – because it can help explain the real outcome economic activity – it’s usefulness is limited since it is reported so long after the fact.  Knowledge of this index is helpful in your decision-making process, but you need more information to make good decisions about your investments.

Consumer Price Index (CPI) – this index, which is based upon the cost of a basket of consumer goods and services such as housing, transportation, food, energy and clothing, is a good measure of inflation within our economy.  The current figure, reported monthly and adjusted as more data becomes available, is compared to the previous month, quarter, and year (typically) to determine the rate of increase in the costs of these items to the consumer.  This particular index is used to develop cost-of-living adjustments (COLAs) for things like Social Security benefits.

As you might expect, we would always like to see this index increasing at a controlled pace – annually in the 3% to 4% range is considered “normal” – since increasing costs of goods and services presumably indicates that the overall economy is growing.  Put differently, if the consumer is willing and capable of paying an increased cost for a basket of goods and services, then the economy has grown, providing the consumer with additional funds to pay the increased cost.  It’s not a perfect way to measure economic growth, but it’s what we have.

In the past year, for example, we’ve seen an annual inflation increase (as evidenced by CPI) of roughly 1.8% through February of 2010 (most recent data as of this writing).  Annual inflation from 1980 to the present has ranged from 10.3% to -0.37%, and has averaged 3.37%.  You can view the most recent data at the Bureau of Labor Statistics Consumer Price Index site.

As with the GDP growth discussed above, CPI is interesting to understand general overall increases in inflation and very important in determining COLAs, but being a historical piece of data that lags in reporting by months, it really doesn’t help us much as we plan for the future.  CPI does give us indication of what inflation we’ve experienced in the past so that we can estimate future inflation, but as always, the past doesn’t necessarily predict the future.

toe art by VinothChandar(AWAY)Consumer Confidence Index – this is a survey of 5000 consumers regarding their attitudes concerning the present economic situation and expectations for the economy going forward.  This report can be helpful to understand how the current economy is affecting the point of view of “everyman” – and it often is an insightful prediction of the direction of the economy.

The Consumer Confidence Index’s month-to-month changes are the most important viewpoint to consider:  any time there is an increase or decrease of 5 points or more, it’s worth noting.  The amount of the change isn’t as important as the direction of the change, as a significant change in either direction often denotes a trend for the overall economy in that particular direction.    You can view the most recent information on the Conference Board’s Consumer Confidence Index website.

Producer Price Index (PPI) – this index is pretty much the same as the CPI, except that the pricing is taken at the wholesale, or producer level, rather than at the retail level.  This index, especially the core PPI (made up of food and energy prices alone) is a useful indicator of future increases in the CPI.  The Bureau of Labor Statistics also maintains the Producer Price Index.

Leading Economic Index (LEI) – while not a perfect prediction of the future, the LEI gives us a forward-looking view of economic activity.  This index is made up of 10 separate components:

  • Average weekly hours (manufacturing sector)
  • Average weekly jobless claims for unemployment insurance
  • Manufacturer’s new orders for consumer goods and materials
  • Vendor performance (slow delivery diffusion index)
  • Manufacturer’s new orders for non-defense capital goods
  • Building permits for new private housing units
  • S&P 500 stock index
  • Money Supply (M2)
  • Interest rate spread (10-year Treasury vs. Federal Funds target)
  • Index of consumer expectations

With all of these factors compiled, this index gives a somewhat reliable forecast, especially of recessionary periods, but as I mentioned earlier, it’s not without fault.  The index often gives a false signal of recession just prior to an economic upswing, and so should not be utilized alone as your determinant of future economic activity.  You can see the LEI and its components at the Conference Board’s Leading Economic Index website.

What’s very interesting is to review the LEI’s activity as a composite index, and then take a look at the activity of the underlying components.  If the entire index is indicating a downturn (legend has it that three consecutive months of downturn foretell a recession, but this is the false signal referred to above, as well), then review the data for all of the underlying components.  If there is a broad-based downturn noted by all (or most) of the components, chances are the indication of future economic downturn is real.

Beige Book – anecdotal information on general economic conditions is gathered by each District of the Federal Reserve System and then combined into this report.  The Federal Open Market Committee (FOMC) uses this information, along with other economic indicators, to help make decisions regarding the rate of Federal Funds, which often drives changes to rates across the overall marketplace.

While this data may not make a difference in your own investment decisions, it’s helpful to see the information that the Fed is using to make their decisions – although it’s not always readily apparent why they’ve made one decision or another, even seeing the Beige Book information.  You can view the Beige Book at the Federal Reserve website.

Unemployment Rate – pretty much self-explanatory, the unemployment rate is the percentage of potential workers in our economy who are not currently employed.  This factor is also a useful gauge of the overall health of the economy, as reductions in the unemployment rate indicates that companies are expanding operations (and payrolls) in preparation for growth.  You can see the current Unemployment Rate at the BLS website as well.

Summary

While no single index or economic indicator is the best or most important piece of information, those I’ve presented above are some of the more common and insightful indicators of economic activity.  Paying attention to these indicators and their trends over time can be insightful as you make decisions about your financial life.  Don’t imagine for an instant that there is a cut-and-dried predicter of the future in all of these – there’s no such thing as a crystal ball.  So pay attention, but don’t put all your faith in the numbers…

How about you?  Do you have a particular index or indicator that you follow religiously?  Tell us all about it in the comments below!

Photo 1 by kenhodge13
Photo 2 by VinothChandar(AWAY)

The Healthcare Plan – A Review

health services by pingnews.com I haven’t had time to delve very deeply into the new Healthcare plan that the President signed recently.  Somehow the pile of tax returns keeps getting in the way…

Never fear though, a colleague of mine, Curtis Smith, CFP®, of Sugarland, Texas, recently posted a couple of blog articles reviewing the major tenets of the plan, along with what we can expect over the remainder of this year, and for the next several years to come (unless things change).

Curtis’s first article is called “Health Care Changes in America” – and you can view it by clicking on the article title.  This is the overview for the average American.  The second article is entitled “How Will Health Care Reform Affect Your Small Business” – and as the title indicates, it’s the small business viewpoint.  These articles are an excellent, balanced review of the plan – I think you owe it to yourself to give them a look to get a good overview of what it’s all about, and what’s coming.

And, tell Curtis I sent ya… he’s taking up the slack for me!

Photo by pingnews.com

Hiring Incentives to Restore Employment Act (HIRE Act) of 2010

NowHiring by jayI’ve just released, in the Legislation section of this site, a review of the HIRE Act 2010’s primary provisions.

The primary benefits of this Act are 1) the exemption from OASDI (Social Security) withholding tax for the remainder of 2010 for employers who hire folks who have been unemployed for 60 days prior to their hiring; plus 2) a tax credit for retaining those same employees for at least 52 consecutive weeks at the same level of pay or more.

The Act also extended one of the expired provisions from last year – known as a Section 179 expense limit, which is a special method of accounting for otherwise depreciable items via direct expense in the first year.  This provision simply extended the more liberal limit from the previous year.

As always, consult your tax advisor for more information.

Photo by jay

The Great Recession – What We Did Right

recess by earlycj5The “Great Recession” may have not been officially declared over just yet, but things we’re seeing in the financial world are showing that we’re regaining momentum, or at least solid ground in the markets.  We’ve seen the stock market gain more than 60% since the low a year ago, which is remarkable even though we’re still a ways off the peak of 2007.

Now is the time to look back and review our actions during this difficult period – review is useful for us to understand what helped us weather the storm and wind up with positive outcomes.  According to some of the things I’ve been seeing and reading, it appears that many folks came through the financial crisis pretty much unscathed.

What We Did Right

We Didn’t Panic – As in most “crisis” situations, it’s a good thing to maintain calm.  In this specific crisis, we held true and didn’t make sudden moves to react to the situation.  Since we had a  well-thought-out plan in place, we stuck to it and, even though we saw our accounts decrease in value – we were able to take advantage of the increases that the stock market provided later.

Good diversification across all asset classes also kept us from feeling the pain that concentrated positions could have caused.  We found that investing globally helps to balance out any one country’s problems so that we are able to retain and grow our funds through thick and thin.

We Didn’t Listen to the Pundits – You know that in this information-deluged age we live in, you can get opinions on the financial world at any moment from dozens of talking heads on the TV and internet.  At any one time you can find someone telling you to buy the market and another telling you you’re crazy if you don’t sell the market.  You did the right thing by recognizing that these folks are entertainers first and foremost.  If it’s fantastic and draws attention, they’ll say it – whether it has merit or not.

We Slowed Borrowing and Living On Credit – Recent reports tell us that consumer non-mortgage credit has dropped off during the past year and a half, when compared to mortgage debt.  Both figures are still high (more than 10% of income is servicing mortgages, and nearly 6% is spent servicing other credit), but these figures have come down from the all-time highs we saw a few years ago.  If what I believe about you, my readers, is true, you are on the much more conservative side of those figures, and you have strived to improve your situation through this crisis when possible.

We Continued Saving – From what I read, it appears that most everyone who is in the position to add to savings and retirement accounts, continued to do so during the financial crisis.  According to Vanguard, a high percentage of retirement plan participants (especially younger participants) have higher balances in their accounts now than they had two years previous – at some of the market highs.

As we all know, one of the most important factors of success in a saving and investing plan is to continue with systematic savings in good times and bad.  Continuing to save and invest even when all the noise going on around you said that you should stay away from investing has worked and worked well forever.  By doing so, you benefited from the dollar-cost-averaging aspect of systematic investing, buying low during the market downturn, and then riding the massive increases we have seen in the market over the past year.

Bottom Line

All in all, we did a good job of recognizing that the markets can’t be controlled, but that we can exercise a degree of control by having a diversified investment plan and by determining that we’ll continue to put aside funds for that eventual sunny day we’re all hoping to see. As I mentioned in a previous article, it’s always good to save 10% to 20% (or more), live within our means, and invest, diversified, for the long term.  These few tenets have served us well – in good times, and as we’ve now seen, in bad.  Keep up the good work!

Photo by earlycj5

The File and Suspend Tactic for Social Security Benefits

i can wait by lepiaf.geoNote: with the passage of the Bipartisan Budget Act of 2015 into law, File & Suspend and Restricted Application have been effectively eliminated for anyone born in 1954 or later. If born before 1954 there are some options still available, but these are limited as well. Please see the article The Death of File & Suspend and Restricted Application for more details.

This is another provision of the Social Security system that is filed under the “Little Known Facts” section – although it is becoming more known these days.  How it works and what’s important about it is the subject of this article.

How File and Suspend Works and Why It’s Important

Any worker can establish a benefit amount by applying at any time after Full Retirement Age – but he or she doesn’t have to continue receiving that benefit.  The worker can immediately suspend the receipt of benefits, so that seemingly the application is moot.  However, what this has done is establish a “base” for the worker’s spouse to begin receiving benefits based upon that amount.

Here’s an example:

A worker is at Full Retirement Age (FRA), and his or her spouse is the same age.  Since the spouse of the worker has a much lower benefit available based on his or her own record, and as such is looking forward to utilizing the primary wage earner’s earnings record to receive the Spousal Benefit.

At the same time, the couple prefers to delay receiving the primary wage earner’s benefit as long as possible, to age 70, in order to receive the maximum increases (see here for more details).  In order to achieve both goals, the primary wage earner applies for benefits at FRA, and then immediately suspends receiving the benefit.  This establishes the amount that the lower-wage earning spouse can begin receiving in Spousal Benefits, while at the same time allows the primary wage earning spouse’s record to continue increasing in value until he or she reaches age 70, the maximum age to delay.

How To Do It

The mechanics of this option did not become available until 2000, and as such (believe it or not) sometimes the Social Security Administration (SSA) personnel are not aware of this option.  It is still not available to be applied for online (as are most other benefit options) so you need to visit your local SSA office to complete the process.

In order to ensure that the SSA personnel are clear about what you’re doing, you should download the Social Security Legislative Bulletin 106-20 (available at this link) which explains the provision fully.  The provision is part of the Senior Citizens’ Freedom to Work Act of 2000 – and the third bullet point of the Bulletin is what you want to point out as proof that you can pull this number.

Soon enough, SSA personnel are going to get this one straight as more and more folks do this maneuver, so be patient with them, and download the bulletin and take it with you to make sure you get what you’re asking for.

Photo by lepiaf.geo

7 Tips About the First-Time Homebuyer Credit

new home by Steve SnodgrassThe First-Time Homebuyer Income Tax Credit has been really popular with lots of folks – and there is still time to take advantage of it.  As you may be aware, the name of the credit is misleading – it’s been expanded to include folks who owned a house for a significant period of time and have purchased a new home during the prescribed period as well.

Like all tax provisions, this is one that you have to pay particular attention to the details, otherwise you could miss out on the credit.  Following are seven facts that the IRS wants you to know about claiming the credit (IRS Tax Tip 2010-27).

Seven Important Facts About Claiming the First-Time Homebuyer Credit

  1. You must buy – or enter into a binding contract to buy – a principal residence located in the United States on or before April 30, 2010.  If you have entered into a binding contract before April 30, 2010, you must close on the home purchase before October 1, 2010.
  2. To be considered a first-time homebuyer, you and your spouse – if you are married – must not have jointly or separately owned another principal residence during the three years prior to the date of purchase.
  3. To be considered a long-time resident homebuyer you and your spouse – if you are married – must have lived in the same principal residence for any consecutive five-year period during the eight-year period that ended on the date the new home is purchased.  Additionally, your settlement date must be after November 6, 2009.
  4. The maximum credit for a first-time homebuyer is $8,000.  The maximum credit for a long-time resident homebuyer is $6,500.
  5. You must file a paper return and attach Form 5405, “First-Time Homebuyer Credit and Repayment of the Credit” with additional documents (detailed below) to verify the purchase.  Therefore, if you claim the credit you will not be able to file electronically.
  6. New homebuyers must attach a copy of a properly executed settlement statement used to complete such a purchase.   Buyers of a newly constructed home, where a settlement statement is not commonly available, must attach a copy of the dated certificate of occupancy.  Mobile home purchasers who are unable to get a settlement statement must attach a copy of the retail sales contract.
  7. If you are a long-time resident claiming the credit, the IRS recommends that you also attach any documentation covering the five-consecutive-year period, including Form 1098, “Mortgage Interest Statement” or a substitute mortgage interest statement, property tax records or homeowner’s insurance records.
Photo by Steve Snodgrass

The Downside of Prepaid Tuition

drop fees by Medmoiselle TWhen planning to save for future college expenses, you may run across several options – including insurance policies, savings bonds, retirement accounts and specific education accounts, such as Coverdell Education Savings and Section 529 plans.

Among the options for Section 529 plans are two types of account:  savings and prepaid tuition.  Following is a brief explanation of the two types of account.

Savings-Type 529 Plan

The savings type of 529 plan works much like an IRA or 401(k): contributions are made and the amounts contributed to the plan are allocated among various sorts of investment options, mostly mutual funds or derivatives of mutual funds.  Over time, assuming that you’ve made appropriate allocation choices and the investments grow, the balance of the account will in turn grow, increasing the amount of funds available to pay for college expenses.  Growth in the account is tax-free when used for qualified higher education expenses (QHEE).

As with any investing activity there are risks to investing in these plans – similar to the risks you face in your IRA or 401(k) plan.  It’s possible that your account could lose value at any given point in time (like late 2008, for example) but prudent investment choices, appropriate time-orientation, and risk management can help to assure that your account will grow over time – but there are no guarantees.

Prepaid Tuition 529 Plan

On the other hand, the prepaid tuition type of plan is set up quite differently from any other type of account.  Instead of a savings account, in this case you’re purchasing discounted “units” or semesters of education – which, backed by the sponsoring state, are guaranteed to be traded for equivalent semesters of public college education (in the sponsoring state) when the student reaches college age.

If the student chooses to attend a non-public school or a school in another state, the programs guarantee that the equivalent of the then-current tuition cost will be available to pay the college of choice, even though the cost at that school will be different from the state universities in the sponsoring state.

Just as with the savings-type of plan, growth in the account is tax-free if used for QHEE – and in either type of plan if you choose not to use the account proceeds for education, you can withdraw the value and pay tax and a penalty on the growth.

The Downside to Prepaid Tuition

So, with all the market volatility, you’d think that the prepaid plan is the way to go – after all, this type is guaranteed!  Unfortunately, that guarantee by the sponsoring state is only as good as the state’s finances; these days, for many states, finances are currently listed under the heading of “Deplorable”.  When you couple the finances of the state with the dramatic increases in tuition costs we’ve seen in recent years, someone is bound to take a hit.  Guess who “someone” is?

Many prepaid tuition plans were forced to bar adding new participants to their plans after the dot-com bubble burst several years ago, since poor market returns and higher tuition rates were causing the plans to lose money far too quickly to make up reserve balances.  Now, similar situations abound, and the states backing the plans may or may not have the funds to help shore things up.  As a result, new fees have sprouted for many plans – along with large increases in the discounted costs for new credits being purchased, which chokes off the new money coming into the plans.

According to a recent article in the Wall Street Journal, all across the nation prepaid tuition plans are operating in the red – seems that the market volatility does have an impact on these plans after all, just a little more subtle and after the fact.  And it’s up to the state to determine if their promises are worth keeping… and here in Illinois we don’t have that much faith in our state government. Your mileage may vary.

For my money, it just makes far more sense to use the savings-type of 529 plan: a plan that you can understand, can follow the balance, and perceive how and why fluctuations occur.  With those plans, you know what you have in the account, day in and day out.  With the prepaid plans, especially given the poor fiscal conditions of the states guaranteeing things, it’s all in question, in my opinion.

Photo by Medmoiselle T

A Little-Known Social Security Spousal Benefit Option

Most everyone is familiar with the concept of Social Security Spousal Benefits – if not, click this link for a complete explanation.

vintage photoIn this article, we’ll be discussing an option that is available to all married recipients of Social Security retirement benefits – but you might not have thought of it.  For most all married couples, it makes the most sense for the spouse with the higher wage base – that is, the spouse that has earned the most money throughout his or her working career – to delay receiving Social Security retirement benefits as long as possible.

As described in the article about credits for delaying Social Security benefits, each year that you delay receiving your Social Security retirement benefit past your full retirement age (FRA) can result in up to an 8% increase in your benefit amount.  When delaying like this, it often also makes sense for the spouse with the lower wage base to begin receiving benefits at the lower rate, either at the early retirement age of 62, or upon reaching FRA.  Then later, when the spouse with the higher wage base begins taking the increased, delayed, benefits, the spouse with the lower wage base will begin receiving the spousal benefit, based upon one-half of the higher wage base spouse’s benefit.

But Wait, There’s More!

What most folks don’t realize is that, while the spouse with the lower wage base is receiving the reduced benefit, the spouse with the higher wage base can apply for a spousal benefit based upon one-half of the lower wage base spouse’s benefit, beginning at the higher wage base spouse’s reaching FRA.

While this doesn’t necessarily amount to a very large payment, it is money that you are entitled to and should receive.  The spouse with the higher wage base can receive this spousal benefit from FRA up to the time when election is made to begin receiving the delayed benefit based on his or her own record, at age 70.  At that time, the spouse with the lower wage base will begin receiving the spousal benefit based upon the higher wage based spouse’s benefit, as well.

Quick Example

Let’s say Jane and Bob are a stereotypical couple – Jane didn’t work outside the home while their children were in school, while Bob has worked and earned Social Security credits since age 21.  As a result Jane’s PIA is considerably lower than Bob’s.  (Keep in mind, the roles could easily be reversed, depending upon circumstances.)

So at age 62, Jane begins drawing her Social Security retirement benefit, in the amount of $666 per month (PIA of $888).  They have decided to delay Bob’s benefit as long as possible, to his age 70.  Once Jane reaches FRA, when both of them are age 66, Bob can now begin drawing a spousal benefit based upon Jane’s PIA (now $1,000).  So Bob can draw a spousal benefit equal to 50% of Jane’s benefit, or $500 per month.

When the couple reaches age 70, Bob applies for and begins receiving his full, delayed benefit – which is approximately $3,600 per month (PIA of ~$2,650).  Jane’s benefit has grown to $800 (PIA of $1,000).   Her Spousal Benefit will be based upon the difference between her PIA and 50% of Bob’s PIA – $1,325 minus $1,000 equals $325.  This is added to her own benefit for a total of $1,125.

That’s all there is to it.  It may not seem like a lot of money, why would you not go for it?

Photo by HA! Designs - Artbyheather

Coming Soon: No Change For the Financial Services Consumer If FatCats Get Their Way

fatcat by ChikaWe talked about this issue of the accountability standards for financial professionals some time ago (click here to get the background).  Unfortunately, it seems that the big money and best interests of the large brokerages, banks, and insurance companies is turning the tide against the proposed fiduciary standard for all financial professionals.

The fiduciary standard has long been sought after by consumer advocates, as the great majority of financial professionals are held to a much lower standard of care – one that often leaves the consumer of financial services exposed to higher costs and a low likelihood of advice being in his or her best interests.  Last year, proposals were offered in Congress to require the fiduciary standard of all regulated financial professionals – which is a step in the right direction.

However, intense lobbying efforts by the fatcats, the heavyweights of the financial services industry (think banks, brokerages, and insurance companies) has just about killed the concept of an industry-wide single standard altogether.  The original proposal by Senator Dodd (head of the Senate Banking Committee) that was to require a fiduciary standard across the board has been withdrawn due to intense opposition from lobbied members of the committee.  Now the committee is working on a compromise, which is not likely to carry the same requirement.

WHY?

You’ve got to ask yourself – Why?  Why is it so important to these companies that their sales forces are not held to a standard of fiduciary care?  After all – the fiduciary standard requires that advice given is in the best interest of the consumer.  Who could be against something like that?

If you look at the industry makeup, you’ll get a clue:  90% of the members of the financial professional industry are not held to a fiduciary standard, and much of the remaining 10% are small, independent firms, not backed by large marketing budgets.  The reason becomes clear when you think about where the money is – it takes a lot of hard work to provide a fiduciary level of care, and as a result it can be costly to provide, and therefore difficult to justify.  It is much more lucrative (and cost-effective) for these companies to provide one-size fits all solutions to masses of clients, especially if you don’t have to care if the solution is in the best interest of the client.

When there are billions of dollars annually at stake, it’s not hard at all to understand why the lobbying effort against the fiduciary standard is so intense.  If this standard were to come into being, current sales techniques would have to be totally re-tooled, and likely the vast majority of the existing sales force would have to be replaced, due to increased training required to adequately provide the level of care that the fiduciary standard will necessitate.

So what can you do?

As consumers of financial services, we all owe it to ourselves to remain diligent – to understand the requirements and standards that our financial professionals are held to.  Just because Congress isn’t up to the challenge of requiring a fiduciary standard of all financial professionals doesn’t mean that you have to swim with the sharks.

Know that your insurance guy, the broker down the street, and those bank employees are only required to provide you with “suitable” solutions, not solutions that are in your best interests.  That’s not to say that you will never get a good solution from these folks – most often the non-fiduciary guy or gal truly wants to direct you to the right solution.  But if a choice comes down to selling you a product that’s suitable versus pointing you to a solution that’s in your best interests but doesn’t pay off for him or her… it’s not hard to imagine that the product sale would win out most of the time.

Instead, seek out a true fiduciary, Fee-Only, CFP® professional to get your advice from.  (You can start your search at www.NAPFA.org, the National Association of Personal Financial Advisors.)  Those other guys are salesmen – go to them specifically to buy your insurance products, investments, and the like – but get the advice of a fiduciary advisor first.

Photo by Chika

Understanding the 2010 Estate Tax Repeal

The start of a new year often signals a time for change–especially when it comes to taxes, and 2010 has brought some major changes. As of January 1, the federal estate and generation-skipping transfer (GST) taxes are repealed, and the step-up in basis rule is modified for 2010. While it’s possible (and some believe very likely) that Congress will reinstate these taxes, until that time, it’s important to understand these significant federal tax law changes and how they might affect you.

Federal estate tax repeal

In 2009, the top estate tax rate was 45%, and estates received an exclusion of $3.5 million, (meaning that up to $3.5 million of assets were exempt from estate tax). However, as part of the tax cuts initiated in 2001, the estate tax is repealed for 2010 but is scheduled to return in 2011, albeit with a reduced $1 million exclusion and an increased top tax rate of 55%.

It’s possible Congress may reinstate the estate tax retroactively, that is, back to January 1, 2010, in which case heirs who already received their inheritance may have to reimburse the estate to enable it to pay the reinstituted estate tax. On the other hand, heirs who haven’t received their inheritance may have to wait for their gifts until the likely challenges to the constitutionality of instituting the estate tax retroactively have been resolved in the courts. In any case, until these issues have been cleared up, it may be wise for executors and trustees of estates in 2010 to retain sufficient assets in the estate to pay a potential estate tax.

What should you be doing about the estate tax? Review and, if necessary, revise your estate planning documents, like wills and trusts. For example, many wills and trusts drafted with an estate tax in mind leave an amount of assets up to the applicable exclusion amount to children, with the balance going to the surviving spouse. However, in 2010, since there is no estate tax, there also is no exclusion. Depending on how documents are worded, this could create a situation where all of the assets pass to the children with nothing going to the surviving spouse, or vice versa. Thus, it’s important that your estate planning documents be reviewed to ensure that your intentions are actually carried out.

Generation-skipping transfer tax repeal

The generation-skipping transfer tax is a federal tax on transfers of property made, either during life or at death, to an individual who is more than one generation below you, such as your grandchild. The tax, also repealed for 2010, had a $3.5 million exemption in 2009 and a top tax rate of 45%. However, like the estate tax, the GST tax is also scheduled to be reintroduced in 2011, with a $1 million exemption and top tax rate of 55%.

What should you do about the GST tax in 2010? The repeal of the generation-skipping transfer tax in 2010 means the elimination (albeit temporarily) of one of the taxes on gifts made during life. The other applicable tax is the gift tax, which provides a $1 million lifetime exemption and a top tax rate of 35% in 2010. The gift tax rate is scheduled to increase in 2011 to 45%. Thus, assets can be gifted in 2010, either directly or through a trust, to grandchildren and younger generations while accounting only for the gift tax, unless, of course, the GST tax is reinstated, retroactively or otherwise.

Step-up in basis repeal

Along with the 2010 repeal of the estate tax and GST tax is the partial elimination of the step-up in basis rule. In 2009, the tax basis of property in a decedent’s estate was generally increased, or stepped up, to the asset’s fair market value as of the decedent’s date of death. However, in 2010, the cost basis of estate assets is equal to the lesser of the decedent’s adjusted cost basis or the fair market value of the assets on the date of the decedent’s death. This means that estate assets likely will retain the decedent’s cost basis. Absent Congressional action to the contrary, the modification of the step-up in basis rule is temporary, with the full step-up in basis rule scheduled to return in 2011.

The law does allow estates to exempt up to $1.3 million of gain (generally, the difference between the decedent’s cost basis in property and its date-of-death fair market value), which executors and trustees may allocate among estate assets. Also, an additional $3 million of gain may be exempted for assets passing to a surviving spouse. This means that estates in 2010 may be able to increase the cost basis of assets up to $4.3 million.

The modification of step-up in basis can lead to some issues for estate administrators. For example, executors or trustees of estates larger than $1.3 million will have to figure out which assets should receive the step-up in basis. This is especially important for heirs and beneficiaries other than a surviving spouse.

In addition, heirs who want to sell inherited assets not covered by the step-up in basis will have to try to figure out the decedent’s cost basis in order to calculate potential capital gain. For example, assume you inherit shares of XYZ Company stock in 2010. You sell them and now have to determine whether you owe a capital gains tax. First, you need to know if any of the $1.3 million step-up in basis applies to these shares. If your XYZ stock didn’t receive a basis step-up, you’ll have to figure out the cost basis of your inherited stock. Arriving at the cost basis of inherited property may prove difficult, if not impossible, especially if the decedent didn’t keep accurate purchase records, or if the stock split over the years, or if the decedent received some of the stock by gift or inheritance.

What’s next?

Most observers believe Congress will restore these taxes retroactively sometime in 2010. There are a number of proposals under consideration and exactly what plan will be adopted and when are important questions that remain unanswered.

Another potential issue surrounds the constitutionality of Congress reinstating the estate tax and/or GST tax retroactive to January 1, 2010. Congress has imposed taxes retroactively in the past and when challenged, taxpayers have lost the majority of the time. Whether Congressional reinstatement retroactive to January 1 will withstand a challenge is conjecture at this point since Congress has yet to act, but the possibility of reinstatement of either or both taxes further adds to the estate planning conundrum in 2010.

One case that is likely to receive a lot of attention deals with the estate of author J. D. Salinger, who recently passed away.  Salinger, author of the classic book The Catcher in the Rye, died in 2010 with the film rights to his book unspoken for – as Salinger repeatedly denied offers from a multitude of Hollywood luminaries to turn the book into a blockbuster.  Those rights, plus the purportedly written and unpublished works Salinger left behind, could be worth a huge fortune to his heirs.  And with the current limbo of estate tax laws, this situation is likely to become a defining test case for the ages.  As Salinger’s character Holden Caulfield stated “… money.  It always ends up making you as blue as hell.”

And don’t forget to consider possible state taxes. Currently, 16 states plus the District of Columbia impose their own estate and/or inheritance tax, separate from any federal estate tax.

Despite all of this uncertainty, do not put off making or reviewing your estate plan. Not having an estate plan, or having an outdated plan, could mean your intentions aren’t carried out and could cost your surviving spouse and heirs.

The table below summarizes the evolution of the estate, generation-skipping transfer, and gift taxes over the three years affected, barring any changes by Congress:

Year Estate tax Generation-skipping transfer tax Step-up in basis Gift tax
2009 $3.5 million exemption

45% top tax
rate

$3.5 million exemption

45% top tax
rate

Full step-up
in basis
$1 million
lifetime
exemption

45% top tax
rate

2010 Repealed Repealed First $1.3
million gets
step-up

Assets to
spouse get
added $3
million
step-up

$1 million
lifetime
exemption

35% top tax
rate

2011 $1 million exemption

55% top tax
rate

$1 million exemption

55% top tax rate

Full step-up in basis $1 million
lifetime exemption

45% top tax
rate

Copyright 2010 Forefield Inc.