Simply Junior

Well, ready or not, here we come!

The 401(k) plan makes it easy and convenient for you to save money for retirement. Once you enroll, your contributions are automatically deducted from your paycheck before you even get to see it. This forces a strict savings discipline on you usually an absolute necessity if you’re not good at looking to the future. Since you are planning to pass through the retirement stage of your life in style instead of as a pauper (and it’s hard to foresee this and save when you receive a full pay-check), this is a real advantage that will help make your retirement as comfortable as possible. If you’re using this plan, you may even retire at age 55 and gain full access to your money, penalty-free! This, in part, is a semblance of the sheer beauty of the plan. Aren’t we poetic?!

Do remember that your contributions deducted from the paycheck are tax-deferred, thereby decreasing your current income tax. (That news calls for a pat on our back!) However, there is a limit to how much you may contribute to a 401(k). This limit is set by the Congress and set forth in the Internal Revenue Code. Your employer, too, may limit your contributions to a percentage of your salary, depending on how much he really likes you. Additionally, he may also choose to match all or a part of your contribution. (Yes, it’s time for you to go through your company’s policies regarding the plan if you haven’t already!) It’s also time to polish those rusty apple polishing skills – pun intended!

Most 401(k) plans provide you with a range of investment options, including stock funds, bond funds, balanced funds, international funds, and company stock. You may decide (on your own) how your contributions are distributed among the plan’s offerings by considering your long-term financial objectives, your tolerance for risk, and how close you are to retirement age. We do not advise you to fear risky investments since those are the ones making the greatest amount of money. Others may think differently and suggest that a more conservative allocation strategy is ideal as you get older. Don’t pay too much attention to those behind the times financial advisors; they’re all ageist!

Regardless of your allocation strategy, it is critical to closely monitor the progress of your 401(k) plan. The plan is required by law to provide you with an annual statement in order to assist you with the management. Many plans will also provide you with quarterly statements, online access, and toll-free numbers offering 24/7 access to your current balance.

Each 401(k) plan also specifies when and how often you can make changes to your investments. While some plans permit you to make daily changes, others allow a limited number of transactions per year. At any rate, you are responsible for checking up on your plan’s performance and making allocation changes whenever deemed appropriate. Please make sure you’re not smashed on the day you decide to make those changes!

Certain 401(k) plans also allow you to access your savings in case of a financial emergency before reaching the age of eligibility. This access may come through a loan (with interest) or a hardship withdrawal. In case of a hardship withdrawal you will have to pay ordinary income tax on the amount withdrawn and pay a 10% penalty to the government if you don’t meet one of the following exceptions: (1) purchasing a principal residence; (2) avoiding eviction from your present residence; (3) paying tuition for yourself, your spouse, children or dependents; (4) funeral expenses for a family member; and (5) medical expenses exceeding 7.5% of your AGI.

Oh and we lied when we said that the 401(k) plan always permits you to make penalty-free withdrawals if you retire at age 55. While it is true that you may make such withdrawals at this particular age, it is also correct that certain 401(k) plans only allow you penalty-free access to your savings at age 59.5 years. Again, it is for you to choose the plan that meets your needs. Just remember that by April 1 following the year in which you turn 70.5 years old or retire (whichever is later), it is obligatory to begin withdrawing from your 401(k). So let’s hope you will have so much money coming in that you won’t have to withdraw before turning 70.5! Yes, were also finding it a little odd that we have to refer to ages in decimals (who says seventy point five ?!)- But that’s how it goes, my friend!

When the Health Insurance and Accountability Act (HIPAA) was signed into a law, it has created improvements on health insurance, and the most significant adjustment made was the tax deduction for long-term care insurance policies. The HIPAA added the Internal Revenue Code (IRC) Section 7702B that mandates all long term care insurance contracts to be treated as tax deduction under certain rules and limits.

Recently, the Internal Revenue Service (IRS) announced the increased LTC insurance tax deduction for 2011. Jesse Slome, executive director of the American Association for Long Term Care Insurance (AATCI), announced the increase that will benefit more small business owners.

The deductions for qualified LTC premiums for the year 2011 under Section 213(d)(10) are the following:

40 or less – $340 More than 40 but not more than 50 – $640 More than 50 but not more than 60 – $1,270 More than 60 but not more than 70 – $3,390 More than 70 – $4,240

Source: IRS Revenue Procedure 2010-40

What Is a Tax-Qualified LTC Policy?

LTCi policies are considered tax-qualified if they meet certain provisions as prescribed by law. There are few requirements that will tell if your policy is tax-qualified or not:
- The policy should be guaranteed renewable
- The disability should drag long for the benefits to be paid
- A licensed health care practitioner should state if the individual is “chronically ill.” This should be done within 12 months
- There must be either or both of the two events that exist before a certification is given. First is the inability to perform Activities of Daily Living (ADLs) for at least 90 days. The policy must have at least five ADLs. Second is the need for supervision due to severe cognitive impairment
- Non-forfeiture and inflation protection must be offered by the insurer, but are not required in the policy
- Benefits under qualified long term care policies cannot copy benefits from Medicare

Individuals

Premiums for qualified long term care insurance (the definition is discussed below) are treated as tax deductible if they exceed the 7.5 percent of the insured’s adjusted gross income (AGI). These premiums are not only deductible for the insured; the deduction applies to his or her spouse and other dependents. Meanwhile, the tax deductions for the self-employed and business owners are treated differently.

Self-Employed, partnership, LLCs, S Corporation

Self-employed individuals may deduct a percentage on their premiums as business expense. The percentage follows the age-based limits used in individuals. However, the limit on Adjusted Gross Income does not apply and you can deduct 100 percent of the eligible amount.

C Corporations

C-corporations can deduct 100 percent of all tax-qualified LTC insurance premiums as business expense for all employees, their spouses and dependents. The employer’s contributions for the premiums are not included in the employee’s contribution.

They say death and taxes are the only two things you can really count on. Well, 2010 is shaping up to be a really good year to die because the estate tax is being set aside for a year under a law passed way back in 2001.

Obviously, there is really no good year to die. When considering estate taxes, however, it is a subject that has to be discussed. With this in mind, the 2010 year presents a very unique situation. One of the biggest, nastiest taxes in the Internal Revenue Code is terminated for just this year and can result in huge savings for those who pass on.

The estate tax is a brutal tax because, well, the dead can’t vote. The tax works by creating a certain dollar amount exemption for an estate and then massively taxing any value above that amount. It is one part of the tax code that only makes sense with an example, so let’s look at one.

The estate tax changes each year. That being said, it traditionally has had an exemption amount of $1,000,000 and a tax rate of 55 percent. [Yes, 55!]. So, let’s say I die with a home, retirement account and term life insurance policy for $1,000,000. My wife and two kids survive me. The total value of my estate is $1.6 million dollars. Remember, my $1,000,000 life insurance policy counts as part of it.

So, what is my tax situation? Well, the first million is passed on tax free. The tax on the remaining $600,000 is huge. At 55 percent, we are talking $330,000 in tax. So my family ends up with $1,270,000 right? Nope. They will also have to pay estate tax at the state level and income tax on the distributions from the retirement account. Overall, the taxes may eat as much as one half of what I left them. It is a huge tax burden.

2010 is a unique year. Why? There is no estate tax this year. Yes, you read that right. It has been phased out over the years under a 2001 law. The problem is the phase out ends at the end of this year and returns to the one million/55 percent standard on January 1, 2011.

This is why 2010 is a good year to die. Well, as good as it can be!

A 401K plan is a retirement savings plan that is funded by employee contributions and a matching contribution from the employer. Contributions are made from pre-tax salary and the funds grow tax-free until they are withdrawn. Companies, non-profit and other tax-exempt organizations can establish these plans for their employees. 401K retirement plans are named after the section of the Internal Revenue Code that prescribes the rules under which it operates. It is also known as cash or deferred arrangement (CODA) plan.

Under the 401K plans, an employer allows the employee to defer receipt of part of his or her compensation by contributing that part to his or her account. The Employee Benefits Security Administration of the U.S. Department of Labor regulates 401K plans.

Some 401K plans include a 50% matching contribution from the employer for the employee. Employers may also make contributions to an employee’s account independent of the employee’s contribution and these contributions may be tied to a firm’s profits as part of a profit sharing plan. Some 401K plans offer individuals an opportunity to direct accounts to a variety of investment options like mutual funds, stock market or company stock.

State governments are prohibited from offering 401K plans to their employees. Private, tax-exempt employers however, are eligible to establish a 401K plan for their qualified employees.

There are numerous advantages with 401K plans from the perspective of an employee. Employees can contribute to their 401K plan with pre-tax money. This reduces the amount of tax paid out of each salary check. All contributions from the employer and any growth of capital are exempted from taxes. The employee can decide where to direct future contributions and savings, giving them control over the investments. All contributions can be moved from one company’s plan to the next company’s plan if an employee changes jobs. 40 K plans are very popular as a retirement plan because of the double benefit of saving money for retirement as also saving on tax liability. plan.

Royalty trusts, in Finance, are classic flow-through investments vehicles. The trust, like a mutual fund, holds a portfolio of assets, which can be anything from producing oil and gas wells to power generating stations to interests in land. The net cash flow, i.e. the total cash flow minus revenues, is passed on to the unit-holders as distribution.

The purpose of a Real Estate Investment Trusts is to reduce or eliminate corporate income taxes. In the United States, where they are generally more widespread as investment vehicles, Real Estate Investment Trusts pay little or no federal income tax but are subject to a number of special requirements set forth in the Internal Revenue Code, one of which is the requirement to distribute annually at least 90 percent of their taxable income in the form of dividends to shareholders.

Real Estate Investment Trusts are, therefore, a special type of royalty trust. They specialize in real property, anything from office buildings to long-term care facilities. For illiquid assets like real estate, closed-end funds of this type make good sense. Open-end or ‘mutual’ real estate funds are subject to new money and redemption problems, entirely absent in closed-end trusts. The first Real Estate Investment Trust was introduced in the United States in 1960. The vehicle was designed to facilitate investments in large-scale income-producing real estate by smaller investors. The US model was simple, enabling small investors to acquire equity interests in vehicles holding large-scale commercial property.

But the birth of Real Estate Investments Trusts as a mass investment vehicle can be traced directly to the liquidity crisis encountered by open-end real estate mutual funds all the way back to 1991-92, during the slowdown of real estate that characterized those years. Faced with redemption demands on the part of unit-holders, real estate mutual funds were presented with the unpalatable option of selling valuable real properties into a distressed market to raise cash. Many of them, therefore, chose to close off redemptions and converted into Real Estate Investment Trusts, since then most commonly known as REIT’s. Only a few open-end real estate mutual funds continue to own real estate directly. Most now invest in shares of real estate-related companies.

The typical REIT usually distributes about 85 to 95 percent of its income (rental income from properties) to the shareholders, usually on a quarterly basis. This income gets a special tax break, because REIT’s shareholders are entitled to a deduction for the pro-rata share of capital cost allowance (depreciation on the real properties). As a result, a high percentage of the distributions are normally tax-deferred. However, the amount will vary from year to year and will differ depending on the particular REIT.

As with royalty trust, the value of tax-deferred income will reduce the adjusted cost base of the shares owned. For example, if an investor purchases 1,000 units at $15.50 per unit, receives $3,000 ($3.00 per share) in aggregate tax-deferred distribution over time, and the sells the shares for $17.50 each, the capital gain will be calculated as follows:

[1,000 x ($17.50 - $15.50 + $3.00)] = $5,000 before adjustments for commissions. In Canada, this gain will be subjected to capital gain treatment, so only 50 percent or $2,500 will be included in income and taxed accordingly. In fact, Canada allows preferential tax treatment to REIT’s by making them RRSP-eligible and by not considering them foreign property (which would taxed at a higher rate), so long as the real estate portfolio does not contain non-Canadian property in excess of the allowable limit.

REIT’s yields and the market price of units tend to be strongly influenced by interest rates movements. As rates drop, prices of REIT’s rise thus causing yields to drop. On the other hand, when interest rates rise, prices of REIT’s drop thus causing yields to rise.

For example, when interest rates were pushed up by both the Federal Reserve Board and the Bank of Canada all the way back in 2000, the typical REIT was yielding close to 14 percent as prices per share fell. When interest rates subsequently dropped, yields fell to less than 10 percent as demand for REIT’s increased thus pushing share prices higher.

This is a very important consideration to be kept in mind when investing or otherwise trading units involving this type of trusts. If interest rates appear to be poised to rise, investors may want to defer purchases, and those who own this type of shares already may consider reducing their exposure by selling and take in some profit.

There are typically two catches with REIT’s. The first is that since investors are ‘unit-holders’ rather than shareholders, they are potentially jointly and severally liable together with all other unit-holders (plus the trust itself) in the eventuality of insolvency. Instead of limited liability, investors rely on the REIT’s management to have property, casualty and liability insurance, prudent lending policies and other reasonable safeguards in place. Nevertheless there is always the possibility of a problem – say a catastrophic fire or a building collapse – that is not covered by insurance. This may have seemed like a very small matter prior to the attacks on the World Trade Center in 2001. Since then, however, it is something that has to be taken seriously.

The second problem with REIT’s is less transparent. All real estate properties depreciate in value over time (not the land, only the buildings). Depreciation can be somewhat slowed down by earmarking at times significant amounts of money for maintenance and renewal of facilities. Since most of the REIT’s income is being distributed and the capital cost allowance is being allocated to investors, investors are factually getting their own capital back over time. As such, the book value of the underlying real properties will be steadily depleting.

Obviously, if real estate markets are on the upswing the depreciation factor will not be overly important, since it will be offset by the appreciation of the underlying assets. But in essence, the point is that the long-term income stream is quite variable, certainly more variable than some managers would have investors believe.

As stated above, the inverse relationship between interest rates and prices of REIT’s shares plays an important role. On average, it is safe to assume that interest rate increases are likely to be met by REIT’s price declines in the Stock Exchange, because increasing rates correspond to a slowdown in the economic growth and less demand. But out of the context of the frantic buy and sell of Wall Street, even a slowdown in the market for single-family houses can actually benefit REIT’s. This is so, because even though real property prices are in decline, it is still cheaper to rent than to own, especially during a period of rising interest rates. And REIT’s thrive on rentals. In fact, no city is a better environment for REIT’s to operate in than New York City, where some 70 percent of residents rent.

Luigi Frascati