The Best Response to the New Estate Laws

Posted on by in Educational Resources, Estate Tax, Income Tax, IRAs, Lange’s Cascading Beneficiary Plan, QTIP Trusts.

The top estate planners in the country warn IRA and retirement plan owners to develop an appropriate response to the new estate tax laws just passed this December. We are now in a completely different tax environment ripe for the cruelest trap of all: where the standard language of traditional wills and trusts forces too much money (now up to $5,000,000) into a trust limiting the surviving spouse to income and the right to invade principal for health, maintenance and support.  If the trust is overfunded, which is likely under the new law, less discretionary income is available for the surviving spouse.  Furthermore, if this common trust is the beneficiary of an IRA or retirement plan, massive income taxes are also triggered – all this can be avoided with appropriate language in wills and trusts and appropriate beneficiary designations of IRAs, Roth IRAs and retirement plans.

Under the new estate tax laws, older traditional estate plans are not helpful, but harmful, because of the severe restrictions they place on the surviving spouse, something most couples do not want.  Many IRA and retirement plan owners have this detrimental language in their existing wills and trusts and don’t even know it. IRA and retirement plan owners with assets between $600,000 and $5,000,000 are particularly vulnerable. Both spouses have likely become quite accustomed to making expenditure decisions based on desire in addition to need. To lose that control would be devastating. Without a review of their older traditional estate plan they could be  thinking they have left everything under the control of their spouse, but in reality, they have not.

I encourage you to have your will reviewed and updated to comply with the estate planning law.  In Pittsburgh?  Please join us for one of our FREE workshops entitled, “How to Avoid the Cruelest Trap of All:  Don’t Unknowingly Restrict Your Surviving Spouse’s Independence or Access to the Family Money After the Tax Relief Act of 2010.”   See our location and times on www.paytaxeslater.com.  Not in Pittsburgh, you can purchase this workshop to view in the comfort of your own home for just $97 – to order call our office at 412.521.2732.

Making Work Pay Credit

Posted on by in Income Tax, IRS and tagged , .

For the past couple of months, you’ve probably noticed a little extra money in your paycheck. Those extra few dollars are thanks to the Making Work Pay Credit which was part of the American Recovery and Reinvestment Act of 2009 signed into law by President Obama in February.

While you’re no doubt grateful for the extra cash, you may be wondering exactly how this works. The Making Work Pay Credit is administered through a reduction in wage withholding and provides up to $400 per individual worker and $800 per working married couple. However, this credit phases out for individuals whose modified adjusted gross income (MAGI) exceeds $75,000 or $150,000 in the case of married couples filing jointly.

The amount of credit you receive will be reported on your 2009 income tax return, but it’s not taxable and you won’t have to pay it back if you received the correct amount. If, for some reason, you do not have taxes withheld this year, you can claim a lump sum credit on your 2009 return.

Since these changes will be made automatically through your withholding, most taxpayers can sit back and relax and enjoy the additional spending money. However, there are potential problems for some taxpayers and we don’t want you to be caught off-guard.

For instance, if you are claimed as a dependent on someone else’s return, you do not qualify for the Making Work Pay Credit. College students, in particular, need to be aware of this restriction. These taxpayers will have to return any credit paid to them — either through a payment to the IRS or through a reduced refund.

Married couples who both work should also be very careful about “over withholding”. This can happen if each spouse’s employer makes the adjustment, but the couple’s combined income hits the phase out amount. If this is the case, make adjustments now so that you don’t have a problem next April. Either adjust your form W-4 or set money aside.

It’s also important to note that only individuals with earned income qualify for the Making Work Pay Credit. If you do not have earned income, you are not eligible for the credit.

To be sure that you don’t have any unpleasant surprises when you’re filing your 2009 tax return, it’s a good idea to take a look at your withholdings now. The few minutes it will take to do this could save you headaches down the road. Then, if you’re still concerned, make adjustments now or talk to your tax professional.

One more suggestion from the Lange team — if you are in a position to save rather than spend the credit, you may want to consider using that money towards covering the taxes on a Roth IRA conversion. Let’s take the example of a married couple in the 15% tax bracket. They qualify for both the Make Work Pay Credit and a Roth IRA conversion. Assuming they have IRAs, they could do a $5,000 Roth IRA conversion and use the $800 tax credit to pay the $750 of federal income taxes due on the conversion (with $50 left to treat themselves to dinner).

Tax-loss Harvesting — Reduce Your Taxes

Posted on by in IRS and tagged , , .

Possibly the single most important tool for reducing your taxes is tax-loss harvesting. Usually, tax-loss harvesting is done at the end of the year. But, as Jim Lange and radio guest Bob Keebler pointed out during the May 20th edition of The Lange Money Hour, the current down market has created an opportunity to harvest losses right now.

Bob is a partner with Virchow, Krause & Company in Wisconsin and has been busy all year executing this strategy for his clients. (By the way, congrats to Bob on being named one of the Top Most Influential CPAs in America by CPA magazine 4 out of the last 6 years).

If you have never used this strategy before, tax-loss harvesting is the art of selling securities at a loss in order to offset a capital gains tax liability. It truly is an art and Bob strongly advised against trying to execute this strategy yourself. Turn first to your trusted financial professional for their advice.

The key to this strategy is to take losses at their deepest point without getting out of the market completely. As Jim and Bob mentioned, you don’t want to miss a good run in the market. Therefore, a slow and methodical approach to tax-loss harvesting is the way to go.

What if you’ve accumulated thousands of dollars in losses, but don’t have an equal amount in capital gains? There are a couple of things to consider — a capital loss can offset only $3,000 of ordinary income as adjusted to your AGI (Adjusted Gross Income). The good news is that tax losses may be carried forward onto future tax returns.

If you have the bright idea that you can buy an asset and sell it solely to pay less taxes, you’ll have to think again. The IRS figured that taxpayers would try this, so their rule is that your loss won’t be allowed if you purchased the same asset within 30 days.

Tax-loss harvesting takes some serious analysis, but the results can be well worth it — especially in this down market. Jim and Bob’s final piece of advice was to sit down with your CPA now if you have losses. Don’t wait until the end of the year when the market may be on a rebound.

Thanks again to Bob for his great advice. His material is always incredibly helpful and informative and his latest product is designed to make the complicated topic of IRAs easy to understand. It’s called The Big IRA Book (literally big with 11 x 17 pages) and is packed with charts, graphs and tools to help you make informed decisions. For more information, call 800-955-0554.

As always, if you’d like to listen to Jim and Bob, the audio is available on this website.

Last Minute Tax Tips

Posted on by in Income Tax, Roth IRA Conversions and tagged , , , , , .

Big thanks to Lange team member Steve Kohman for being a part of our radio show The Lange Money Hour: Where Smart Money Talks on Wednesday night, April 8th on KQV am 1410. Steve is so dedicated to his clients that we had trouble prying him away from the office to do the show.

We’re glad that Steve finally agreed because his tax advice was excellent. He’s a technical machine – answering questions off the top of his head with no notes!

So is it too late to do something about your 2008 tax return?  Not according to Jim and Steve. For starters, you can still fund an IRA for 2008.  Individuals can contribute up to $5,000 — $6,000 if you’re 50 or older.

Steve also pointed out that many tax deductible medical expenses are overlooked.  Double-check to make sure you haven’t forgotten long-term care insurance premiums, prescription expenses, Medicare insurance premiums, prescribed weight-loss programs, therapy and even miscellaneous improvements to your house (adding a wheelchair ramp, for instance).

The tax code can be tricky to navigate. This year, there are several new developments, including The Housing and Economic Recovery Act of 2008. First-time home buyers will have until December 1, 2009 to claim a new refundable tax credit for a qualifying home purchase.  There are certain restrictions, so make sure you check with your tax professional.

The Worker, Retiree and Employer Recovery Act of 2008 allows retirees to suspend their Required Minimum Distribution for 2009.  Jim and Steve believe this has created an ideal opportunity for seniors to make a Roth IRA conversion.

What should you do if you realize you’ve made a mistake on your return?  Simply file an amended return.  To make it even easier, you have three years to take care of the paperwork.

If you think you could work night and day on your return and still not get it done by April 15th, you can always file an extension. It’s important to note, though, that it’s an extension to file – not an extension to pay.  Uncle Sam still wants you to estimate your taxes and, if you miscalculate, you could be subject to a penalty and interest.

We don’t know what came over Jim and Steve, but they offered listeners who are PA residents a free tax extension!   The Lange team is offering to take care of all of the paperwork and will even deliver your return hand-stamped. Then, after April 15th (and some much needed R&R), one of the accountants will meet with you and take a closer look at your return. If you’re interested, call the office at 800-387-1129.

Jim and Steve also covered various strategies for Roth IRA conversions, ideas for 2009 tax planning, what documents your tax professional really wants you to bring to the office and which one of them has already finished his personal tax return and which one hasn’t.

If you missed any part of the show, a rebroadcast is set for Sunday, April 12th from 9-10 a.m. ET and the audio will be available on retiresecure.com early next week.

The next show is set for Wednesday, April 22nd from 7-8 p.m. ET with special guest, author and money manager, Paul Merriman. Paul promises to make his prediction on when the economy will recover and explain the common mistakes that investors make.