Category Archives for "Tax Planning"

Seven Year End Wealth Opportunities

By Chris Chen CFP | Financial Planning , Investment Planning , Retirement Planning , Tax Planning

As we come close to the end of the year, you still have time to make a few smart financial moves.

Maybe because of the year-end deadline, many year-end planning opportunities seem to be tax-related. However, tax moves should be made within the context of your overall long-term financial and investment plan. Hence, make sure to check in with your financial and tax advisors.

Here are seven important areas to focus your efforts on to help you make the best of the rest of your financial year.

1. Harvest your Tax Losses

As of October 22, the S&P500 is up 21%, and the Dow Jones is up 16% for the year. Unfortunately, some stocks and mutual funds are still posting a loss for the year. Therefore, it is likely that some items in your portfolio show up in red when you check the “unrealized gains and losses” column in your brokerage statement.

You could still make lemonade out of these lemons by harvesting your losses for tax purposes. It is worth remembering that the IRS individual deduction for capital losses is limited to $3,000 for 2021. In other words, if you don’t offset your losers with your winners, you may end up with a tax loss carryforward that could only be used in future years. This is not an ideal scenario!

You can also offset your losses against your gains. For example, suppose you sell some losers and accumulate $10,000 in losses. You could then also sell some winners. Then, if the gains in your winners add up to $10,000, you would have offset your gains with your losses, and you will not owe capital gain taxes on that combined trade!

Bear in mind that Wealth Strategy is not all about taxes! Tax-loss harvesting could be a great opportunity to help you rebalance your portfolio with a reduced tax impact. Beware though of the wash sale rule: if you buy back your sold positions within 30 days, you will have negated the benefit. 

2. Review your Investment Planning

Tax-loss harvesting can be used effectively for short-term advantage. However, it also provides the opportunity to focus on more fundamental issues. So, in the first place, why did you buy these securities that you just sold? At one time, they probably played an important role in your investment strategy. And now, with the cash from the sale, it’s important to be mindful when reinvesting.

You may be tempted to wait for a while to see how the market evolves. We may have been spoiled into complacency with the bull run we experienced since the Great Recession. However, we should not forget that volatility does happen.

It’s almost impossible to predict accurately when the next bear market will start if it hasn’t already. And after more than eighteen months of strong gains, it is time to reassess if you and your portfolio are positioned for a potential downturn. 

You will want to ensure that your portfolio risk is aligned with your goals and that your asset allocation is aligned with your risk target. Reach out to your Wealth Strategist to review.

3. Review your Retirement Planning

There is still time to top out your retirement account! In 2021, you can contribute up to $19,500 from your salary, including employer match, to a standard defined contribution plan such as 401(k), TSP, 403(b), or 457, subject to the terms and conditions of your plan. And if you happen to be 50 years old or older, you can contribute an additional $6,500 for this year.

If you have under contributed to your plan, there may still be time! You have until December 31 to boost your retirement planning by topping off your 2021 contributions. This will also have the benefit of reducing your 2021 taxable income if you contribute to a Traditional plan.

As an alternative, you could contribute to a Roth account if your employer offers that plan option. 

Many employers offer a Roth in their employee retirement plans. If yours does not, schedule a chat with your HR department!

Many people think of the Roth account as tax-free. However, you should bear in mind that although Roth accounts are popularly designated as “tax-free,” they are merely taxed differently since you would be contributing after-tax funds. Double-check with a Certified Financial Planner professional to determine whether choosing to defer some of your salaries on a pretax basis or post-tax to a Roth account better fits your situation.

4. Roth Conversions

Our current tax environment is especially favorable to Roth conversions. With the current TCJA law, income tax rates will be going back up in 2026. Therefore, Roth conversions could cost less in current taxes until then. Of course, Congress could vote for tax rates to go up before the end of the year. There is even the possibility that Congress will remove the ability to do a Roth conversion after 2021.

To do a Roth conversion, you withdraw money from a Traditional tax-deferred retirement account, pay income taxes on the distribution, and move the assets into a Roth account. Then the assets can grow and be distributed tax-free, provided certain other requirements are met. If you think that your tax bracket will be higher in the future than it is now, you could benefit from a Roth conversion.

5. Choosing your Health Plan 

With health insurance re-enrollment season, the annual ritual of choosing a health insurance plan is with us. With health insurance getting ever more expensive, this could be one of your more important short-term financial decisions. 

Your first decision is to decide whether to subscribe to a high deductible option or stick with a traditional plan with a “low” deductible. The high deductible option will have a cheaper premium. However, if you have a lot of health issues, it may end up costing you more. High deductible plans allow access to Health Savings Accounts (HSA).

The HSA is a special instrument. With it, you can contribute money before taxes to pay for qualified healthcare expenses tax-free. Balances in HSAs can be carried forward to future years. They can also be invested to allow for potential earnings growth. This last feature is exciting to wealth managers because, in the right situation, clients could end up saving a lot of money.

If you choose a high deductible plan, you should plan to fund your HSA to the maximum. Many employers will contribute as well to encourage their employees to pick that option. If you choose a low deductible plan instead, make sure to fund your Flexible Spending Account. FSAs are used to pay for medical expenses on a pretax basis. The unspent amount cannot be rolled over to future years, unlike HSAs.

6. Plan your RMDs

Don’t forget to take your Required Minimum Distributions (RMDs) if you are past 70. The penalty for not taking your RMD is a steep 50%. Your first minimum distribution must be withdrawn by April 1 of the year following the year in which you turn 70 ½, and by December 31 for each year after.

Perhaps you don’t need the RMD? Then you may want to redirect the money to another cause. For example, you could fund a grandchild’s 529 tax-advantaged educational account. Contributions are post-tax, but growth and distributions are tax-free so long as they are used to pay for education.

7. Charitable Donations

You could also plan for a Qualified Charitable Distribution from the IRA. That distribution must go directly from the IRA to a charity. Unlike a normal RMD, it is excluded from taxable income and may count towards your RMD under certain conditions

Charitable donations can also help reduce taxable income and provide financial planning benefits. However, the Tax Cut and Jobs Act of 2017 (TCJA) has made it more complicated. A significant result of the TCJA is that standard deductions for 2021 are $12,550 for individuals and $25,100 for joint filers. In practice, it means that the first $12,550 or $25,100 of deductible items have no tax benefits. 

For example, if a married couple filing jointly (MFJ) pays $8,000 in real estate taxes and $5,000 in state income taxes for a total of $13,000 of deductions, they are better off taking the standard $25,100 deduction. The first $12,100 that they donate to charity would not yield a tax benefit. One way to go around this new situation is to bundle your donations in a given year. Another possibility, within certain limits, is to give directly from an IRA.

As an example, if you plan to give in 2021 as well as 2022, bundling your donations and giving just in 2021 could result in a deduction and the accompanying reduced tax. 

If your thinking wheels are turning after reading this article, check in with your Wealth Strategist or financial planner: there may be other techniques that you could or should do before the end of the year!

 

Student Loan Interest Deduction: How can I claim it?

By Saki Kurose | Financial Planning , Student Loan Planning , Tax Planning

It’s time to do your 2020 taxes!  If you have student loans and paid interest for those loans, you might be eligible for a deduction called the student loan interest deduction. For 2020, the IRS is allowing eligible taxpayers to deduct up to $2,500 of interest paid on a qualifying student loan per return.

Who can claim the student loan interest deduction?

You can claim the deduction if:

• You were legally obligated and paid interest on a qualified student loan (for example, in other words, if your child is the one who is legally obligated to pay back his/her student loans and you had helped him/her with the payment which included interest, you cannot claim this deduction) 
• You did not file Married Filing Separately (in other words, you filed as Single, Head of Household, or Qualifying Widow(er))
• Your Modified Adjusted Gross Income is less than the maximum amount set by the IRS 
• You (and your spouse, if married) are not a dependent on someone else’s return 

What is a qualified student loan?

A qualified student loan is:

• A loan you took out for the sole purpose of paying qualified education expenses for you, your spouse, or your dependent
• An education expense that you paid or incurred within a reasonable period of time before or after you took out the loan (the expenses need to relate to a specific academic period and a “reasonable period of time” is defined as 90 days before and 90 days after the academic period)
• Used for education provided during an academic period of an eligible student

What are qualified education expenses?

Qualified education expenses are:

• Tuition and fees
• Room and board
• Books supplies and equipment
• Other expenses like transportation

What is the MAGI limit for claiming the student loan interest deduction?

For 2020, if you file your taxes as Single, Head of Household, or Qualifying Widow(er), you can deduct the full amount of the interest you paid (up to $2,500) if your Modified Adjusted Gross Income (MAGI) is not more than $70,000. If your MAGI is $85,000 or more, you cannot deduct any of the interest, and for taxpayers with MAGI between $70,000 and $85,000, you can claim a partial deduction.

If you file your 2020 taxes as Married Filing Jointly, the MAGI limits are simply doubled.  You get a full deduction if your MAGI is not more than $140,000   and your deduction is completely phased out if your MAGi is $170,000 or more. 

What is my Modified Adjusted Gross Income (MAGI)?

Don’t look for your Modified Adjusted Gross Income on your tax return…because you won’t find it!  Instead, you have to look for your Adjusted Gross Income (AGI) and do a little math. You can find your AGI on line 11 of Form 1040 or 1040-SR.  Then you have to add back certain deductions found on your Schedule 1, including any IRA contribution deductions, taxable Social Security payments, excluded foreign income, interest from EE savings bonds used to pay for higher education expenses, losses from a partnership, passive income or loss, rental losses, and exclusion for adoption expenses. Some of these deductions can be uncommon, so your MAGI could be the same or pretty close to your AGI.

What do I have to do to claim the student loan interest deduction?

If you go to this IRS page, you can use their interactive tax assistant to figure out if you can deduct the interest you paid on a student loan.

When you get ready to file your taxes, look for Form 1098-E. If you paid $600 or more of interest on a qualified student loan, you should receive a Form 1098-E.  And when you file, since the student loan interest deduction is treated as an adjustment to your income, you don’t have to claim it as an itemized deduction on Scheduled A to claim it.

If you have federal student loans, you may not have paid a lot of interest in 2020 since federal student loan payments were suspended and the interest rate was set to 0% in March 2020.  However, if you did pay interest on any federal or private loans, make sure to look into whether or not you can claim this deduction!

For more information about the student loan interest deduction and other tax benefits related to education, read IRS Publication 970.  And if you need help figuring out what to do with your student loans, schedule a free 15-minute call with us to learn how we might be able to create a custom plan for you!

Should you value your pension?

By Chris Chen CFP | Divorce Planning , Financial Planning , Retirement Planning , Tax Planning

Jill came to our office for post-divorce financial planning. At 60 years young with two grown children, she wanted to know whether she would make it through retirement without running out of assets. A former stay-at-home Mom and current yoga instructor, Jill did not have a professional career. Her work-life consisted of a series of part-time jobs scheduled around her children’s. 

Jill traded her interest in her ex-husband Jack’s 401(k) for half of a brokerage account, her IRA, and the marital home. Their lawyers decided that Jack’s 401(k) should be discounted by 25%. That would account for the fact that the 401(k)’s pretax assets would be taxed by Uncle Sam and her State tax authority upon distribution.

Adjustments to the Value of a 401k

That sounds reasonable on the surface. But was a 25% discount appropriate for Jill? After making some retirement income projections, it became clear that Jill would likely always be in a lower federal tax bracket than 25%. Had Jill consulted a Divorce Financial Planner at the time of her divorce, he or she would probably have advised against agreeing to a 25% discount to the value of the 401(k).

Jill and Jack also agreed that she would keep half of her interest in Jack’s defined-benefit pension that he earned as a pediatrician with a large hospital. When they agreed to divide the pension, Jack was unclear about the value of the pension. He thought that it was probably “not worth much anyway.” Neither lawyer disagreed.

This highlights how vital it is to seek advice from the right divorce professional for the right issues: lawyers for legal matters and Divorce Financial Planners for financial questions. When mediators and divorce lawyers team up with divorce financial planners, the additional expense often pays for itself.

What About the Pension? 

After some research, I found that Jill would end up receiving a little over $33,000 a year from the QDRO of Jack’s pension. This is significant for a retiree with a projected spending requirement of less than $5,000 a month!

Since Jack and Jill planned to retire in the same year, she would be able to start receiving her payments at the same time as Jack. Also, Jack had agreed to select a distribution option with a survivor’s benefit for Jill. 

That would allow her to continue receiving payments when Jack passed away. Jill was aware that women tend to outlive men. So, she was relieved that the survivor benefit was there.  

Each defined-benefit pension has its own rules. Each pension division should be evaluated individually.

The Value of Pension Division Analysis

A defined-benefit pension such as Jack’s does not have an easily assessable value in the same way as an IRA or a 401(k). Pension statements don’t come with a dollar value. A pension promises to pay the employee a certain amount of money in retirement based on a specific formula. For the pension to be fairly considered in the overall asset division, a professional must value it.

In her case, Jill’s share of the pension was 50% of the marital portion. Was it the best outcome for Jill? It is hard to re-assess a case after the fact. However, had she and Jack known the value of the pension, they might have decided for a different division that may have better served their respective interests. Jill may have decided that she wanted more of the 401(k), and Jack could have decided that he wanted to keep more of the pension. Or possibly Jill may have considered taking a lump-sum buyout of her claim to Jack’s pension. Whatever the case, Jill and Jack would have had the explicit information to decide consciously rather than taking the default path.

The news that Jack’s QDRO’d defined benefit pension had value was serendipity for Jill. Increasing her projected retirement income with the pension payments meaningfully increased her chances to live through retirement without running out of assets. But it is possible that a better understanding of the pension division and other financial issues at the time of divorce could have resulted in an even more favorable outcome for Jill.

7 Year-End Tax-Planning Strategies to Implement Now

By Chris Chen CFP | Financial Planning , Retirement Planning , Tax Planning

We often review our tax situation at the end of the year because it is important! However, making a tax plan and carrying out this strategy may prove to be more critical than ever to your finances. 2020 is a historic year due to the pandemic, the resulting economic crisis, massive stimulus, and the presidential election settling into an administration change.

Good year-end tax planning has always been important, but never more so than now, when the administration change may cause changes with the Tax Code in the next several months .

Failing to Plan is Planning to Fail

You can potentially increase your tax savings (and minimize the federal income tax) in 2020 with the following six tax tips.

1. Review your IRA and 401(k) contributions

If you are not maxed out, consider contributing more. Many are expecting that taxes may go up in 2021 with the Biden administration. The Biden-Harris campaign took great pain to specify that the increased taxes they were planning were targeted to high earners. They emphasized that they were planning to spare lower earners. However, pundits have largely decided that we should expect increased taxes across the board. Of course, this is very hard to predict. 

However, if you believe that taxes will go up, you may want to consider contributing to a Roth IRA or 401(k) instead of a Traditional IRA or 401(k) to lock in long-term tax savings.

2. Take advantage of coronavirus -related distributions and waived RMDs in 2020

Under the CARES Act, people under 59½ who are “qualified individuals” may take up to $100,000 of coronavirus-related distributions (CRDs) from retirement plans. CRDs are exempt from the 10% early distribution penalty, and there is the option to spread the resulting taxable income over a three-year period.

The CARES Act passed earlier in 2020 waived RMDs for this year. The waiver applies to RMDs from retirement accounts, including IRAs, company plans, inherited IRAs, inherited Roth IRAs, and plan beneficiaries. If you have taken your RMDs already, you can still repay them if they are otherwise eligible for a rollover, which means that repayments must be made within 60 days of the distribution and are subject to the once-per-year rollover rule.  

However, if you happen to be a “qualified individual,” you don’t need to be concerned about the 60-day repayment deadline since you have three years to redeposit the distribution. However, for some people, it may make sense to take distributions anyway to take advantage of lower tax brackets and to maximize the value of the lower tax bracket in light of the expected increases. Any part of these tax savings not used will be lost forever, so you or your Certified Financial Planner professional or tax planner should perform an analysis to decide what makes the most sense for you.

3. Consider a Qualified Charitable Distribution 

Before the end of the year, you may want to consider a Qualified Charitable Distribution or QCD . This technique remains a significant tax break for charitably inclined IRA owners who are at least age 70½. They are eligible to transfer up to $100,000 directly to a charity from their IRA. QCDs can help to offset RMDs by lowering the IRA balance. They can also help to reduce taxable income (even though RMDs are waived for 2020). 

4. Charitable Contributions

Per the CARES Act, people can benefit from the $300 above-the-line charitable deduction for the 2020 tax year . By and large, charitable contributions lost much of their tax appeal in previous tax changes. However, the CARES Act opens up this opportunity for 2020.

5. Perform Roth conversions before December 31

If you have been hesitant to convert traditional IRAs or pre-tax 401(k) to Roth accounts, 2020 may be the year to make it happen finally. Even though people will be paying taxes on the conversion now, we are still in a low tax environment with the expectation that tax rates will increase. Besides, some people may have a lower 2020 taxable income because of income lost from the pandemic or reduced because of the waived RMDs. For them, a Roth conversion could be a silver lining in the pandemic cloud.

Because RMDs cannot be converted in a typical year, 2020 presents a one-time opportunity to optimize lifetime taxes. Perform this conversion before December 31 so that they will count towards the 2020 tax year.

Do you believe instead that your tax rate is likely to decrease? Then a Roth conversion would be increasing your lifetime taxes. So, don’t convert.

Sure or not, have a conversation with your Certified Financial Planner professional to help figure out your long term strategy.

6. Utilize the net unrealized appreciation strategy

For people who happen to have highly appreciated company stock within their 401(k), Net Unrealized Appreciation (NUA) can be a lucrative tax-planning tool. NUA allows an individual to transfer company stock out of the 401(k) and pay ordinary income tax on the value of the shares at the time of purchase (not the total value of the shares). The difference between the stock’s cost basis and the market value —the NUA— isn’t taxable until the shares are eventually sold. Then, they can be taxed at the lower long-term capital gains rates. 

Although the NUA strategy can be enticing, please remember that not counting a few exceptions, the employee’s entire retirement account should basically be emptied within one calendar year. Hence, to use this strategy, make sure that the lump sum distribution happens before December 31.

7. Reduce Estate taxes

If you are subject to a federal estate tax, gifting in your lifetime can be less expensive than distributing at your death because, within certain limits, gifts are tax-exclusive, whereas inheritances are tax-inclusive. The IRS allows a maximum of $15,000 for annual exclusion gifts per recipient and per donor. Therefore, a couple can give up to $30,000 to an individual or $60,000 to another couple (2 gifts of $15,000 per recipient or per donor). You can make these gifts to anyone every year tax-free, even if the exemption is used up. Also, the gifts do not reduce the gift-estate exemption.

Also, gifts for direct payments for tuition and medical expenses for loved ones are unlimited and tax-free. There is no limit for these gifts, and they can be made for anyone. They too do not reduce the lifetime gift/estate exemption. 

Lastly, the IRS has stated that there will be no claw back to the lifetime gift tax exemption ($11,580,000 per individual in 2020) if these exemptions are used this year, even if it is later reduced, as it is expected to be after Joe Biden is inaugurated as President. Therefore, you may want to use the lifetime exemption now or possibly lose it.

Failing to plan is planning to fail!

For many, these tax strategies could be a silver lining in an otherwise dreadful year. It is widely assumed that the new administration will push for higher taxes. So reviewing your tax situation is essential. 

Make a plan and take action that will make a difference.

Saving Taxes with the Roth and the Traditional IRAs

By Chris Chen CFP | Financial Planning , Retirement Planning , Tax Planning

How does the SECURE Act affect you?

By Chris Chen CFP | Financial Planning , Retirement Planning , Tax Planning

After several months of uncertainty, Congress finally passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act in December 2019, with President Trump signing the new Act into law on December 20, 2019. The SECURE Act introduces some of the most significant changes in retirement planning in more than a decade.

The SECURE Act makes several changes to the Internal Revenue Code (IRC) as well as the Employee Retirement Income Security Act (ERISA) that are intended to expand retirement plan coverage for workers and increase savings opportunities. The SECURE Act also radically changes several techniques used for retirement and tax planning. 

Some of the key provisions affecting employer retirement plans, individual retirement accounts (IRAs), and Section 529 Plans included in the SECURE Act are as follows.

IRA Contributions

Starting in 2020, eligible taxpayers can now make Traditional IRA contributions at any age. They are no longer bound by the previous limit of age 70 ½ for contributing to a Traditional IRA.  As a result, individuals 70 ½ and older are now eligible for the back-door Roth IRA .

As an aside, anyone who satisfies the income threshold and has compensation can fund a Roth IRA.

In addition, graduate students are now able to treat taxable stipends and non-tuition fellowship payments as earned income for IRA contribution purposes . I have a graduate student, so I understand that their stipend income may not allow them to contribute to retirement. However, that is something that forward-thinking parents and grandparents can consider as part of their own estate planning.

Required Minimum Distributions

As our retirement age seems to push into the future steadily, so are Required Minimum Distributions under the SECURE Act. This provision, which applies to IRAs and other qualified retirement plans (401(k), 403(b), and 457(b)) allows retirees turning 70 ½ in 2020 or later to delay RMDs from 70 ½ years of age to April 1 of the year after a retiree reaches age 72 . In addition, the law allows people who own certain plans to delay it even further in the case that they are still working after 72. Unfortunately, the provision does not apply to those who have turned 70 ½ in 2019. Natalie Choate, an estate planning lawyer in Boston, says in Morningstar, “no IRA owner will have a beginning RMD date in 2021”.

This RMD provision is part of the good news in the SECURE Act. It will allow retirees more time to reach their retirement income goals. For many, it will enable better lifetime tax planning as well.

End of the “Stretch” IRA

Prior to the SECURE Act, the distributions on an inherited IRA could be “stretched” over the expected lifetime of the inheritor. That was a staple tool of estate and tax planning. 

No more. With a few exceptions, such as for the spouse, the “stretch” is now effectively crunched into ten years. Accounts inherited as of 12/31/2019 are now expected to be distributed over ten years, without a specific annual requirement.

The consequence of this provision of the Act is likely to result in larger tax bills for people inheriting . This makes planning for people who expect to leave IRAs, as well for inheriting them, more important than ever. 

Qualified Birth or Adoption Distribution

The new law allows a penalty-free distribution of up to $5,000 from an IRA or employer plan for a  “Qualified Birth or Adoption Distribution.” For a qualified distribution, the owner of the account must take the distribution for a one-year period starting on (1) the date of birth of the child or (2) the date when the adoption becomes final (individual must be under age 18). The law permits the IRA owner who took the distribution to pay it back to the plan or IRA at a later date. However, these distributions remain subject to income taxes.

Generally speaking, we at Insight Financial Strategists think that people in this situation should avoid availing themselves of this new wrinkle in the law. In our experience, a distribution from retirement accounts before retirement can have profound impacts on retirement income security. 

529 Plans

It may sound off-topic, but it is not. The SECURE Act also addresses 529 plans. For students and their parents, the SECURE ACT allows tax-free 529 plans to pay for apprenticeship programs if they are registered and certified by the Department of Labor.

This provision will be helpful for those people who have children headed to vocational track programs.

In a very partial solution to the student loan crisis, savings in 529 plans can now be used to pay down a qualified education loan, up to $10,000 for a lifetime . Technically, the law makes this provision effective as of the beginning of 2019. 

Given how students and parents scramble to meet the challenge of the cost of higher education, I do not forecast that most 529 plans have much left over to pay off loans!

Business Retirement Plans

(Part-Time) Employee Eligibility for 401(k) Plans – In most 401(k) plans, participation by part-time employees is limited. The SECURE Act enables long-time part-time workers to participate in 401(k) plans if they have worked for at least 500 hours in each of three consecutive 12-month periods. Long-term part-time employees who become eligible under this provision may still be excluded from eligibility for contributions by employers.

Delayed Adoption of Employer Funded Qualified Retirement Plan – Beginning in 2020, a new plan would be treated as effective for the prior tax year if it is established later than the due date of the previous year’s tax return. Notably, this provision would only apply to plans that are entirely employer-funded (i.e., profit-sharing, pension, and stock bonus plans).

403(b) Custodial Accounts under Terminated Plans are allowed to be Distributed in Kind – Subject to US Treasury Department guidance, the SECURE Act allows an individual 403(b) custodial account in a terminating plan to be distributed “in-kind” to the participant. The account distributed in this way would retain its tax-deferred status as a 403(b). 

Establish Open Multiple Employer Plans (MEPs) – Employers may now join together to create an “open” MEPs, referred to in the legislation as “Pooled Plans.” This will allow small employers to join together and share the costs of retirement planning for their employees, such as through a local Chamber of Commerce or other organization, to start a retirement plan for their employees. 

Increased Tax Credits – The tax credit for small employers who start a new retirement plan will increase from $500 to $5,000. In addition, small employers that add automatic enrollment to their plans also may qualify for an additional $500 annual tax credit for up to three years.

There are many more provisions in the SECURE Act. While some of them are useful for taxpayers, it is worth noting the observation by Ed Slott, a tax expert and sometimes wag: “whatever Congress names a tax law, it does the opposite .”  This is worth keeping in mind as you mull the implications of this law. With the SECURE Act now the law, it may be time to check in with your fiduciary financial planner and revise your retirement income and estate plans.

Year End Tax Planning Opportunities

By Chris Chen CFP | Financial Planning , Retirement Planning , Tax Planning

The Tax Cut and Jobs Act of 2017 (TCJA) was the most consequential tax reform package in this generation. It changed many of the ways that we think about reducing taxes.

According to the Tax Policy Center, we know that about 80% of taxpayers pay less income tax in 2018 than before the TCJA , about 5% pay more, and the balance of taxpayers pay about the same amount. On balance, the TCJA seems to have delivered on its promises.

A key item of the TCJA is that it increased the standard deduction, reducing the impact of the elimination of State and Local Taxes (SALT) under $10,000 and the elimination of personal deductions. As a result, about 84% of taxpayers claim the standard deduction and do not itemize. By comparison, about 56% of taxpayers itemized before the enactment of the TCJA. The vast majority of taxpayers are no longer subject to the Alternative Minimum Tax (AMT), since two of its key drivers, the deductibility of state and local taxes and personal deductions, are no longer a practical issue for most people. And in 2018, only 1,700 estates were subject to the federal estate and gift tax. So for most people, the TCJA has made taxes simpler to deal with. What’s there not to like about a simpler tax return ?

Source: Congressional Budget Office

Impact of the TCJA on the Federal Deficit

As predicted, the TCJA worsened the federal deficit bringing it to nearly a trillion dollars in fiscal year 2019. That was in spite of an increase in tax revenue due to the continuing improvement in the economic climate. Of course, the federal deficit continues to be driven by federal spending on the sacred cows of modern US politics: Defense, Social Security, and Medicare. Interest on the federal debt is also a major budget item that needs to be paid. While our continuing regime of low interest rates is helping control the interest on the debt, it is clear that the future may change that.

What will happen to tax rates?

Tax rates are lower now than they have been since the 1970s and 80s. Hence, industry insiders tend to think that tax rates have nowhere to go but up.  That is also what’s is predicted by the TCJA, which is largely designed to sunset in 2025. Should the American people turn on Republicans at the 2020 election, it’s possible that the TCJA will see a premature end. However, it seems that the possibility that the American people might elect a progressive in 2020 is largely discounted when it comes to tax rate forecasting: most people assume that tax rates will increase.

Year-End Planning

Political forecasting aside, there are still things that we can do to lower our taxes . It should be noted that many of the techniques in this article are not limited to the year-end. Furthermore, we all have different situations that may or may not be appropriate for these techniques. 

Tax Loss Harvesting

Even though we have had a pretty good year overall, many of us may still have positions in which we have paper losses. Tax-loss harvesting consists of selling these positions to realize the losses. This becomes valuable when you sell the equivalent amount of shares in which you have gains. So if you sell some shares with $10,000 in losses, and some with $10,000 in gains, you have effectively canceled out the taxes on the gains.

You then have to reinvest the shares sold into another investment. Be careful not to buy back the exact same shares that you sold. That would disallow the tax loss harvesting!

At the same time, it makes sense to review your portfolio and see if there are other changes that you would like to make. We are not fans of frequent changes for its own sake. However, periodically our needs change, the markets change, and we need to adapt.

Income Tax Planning

While tax loss harvesting is mostly about managing Capital Gains taxes, it is also important to keep an eye on income tax planning . This is a good time of year to estimate your income and your taxes for the year. When comparing your estimated Adjusted Gross Income with the tax tables, you will see if you might be creeping up into the next tax bracket. For instance, if you are single and your estimated AGI is $169,501 (and you have no other complexity), you are right at the 32% tax bracket (after you remove the $12,000 standard deduction).  In this example, that means that for every dollar above that amount you would owe 32 cents in federal income tax, and a little bit more for state income tax, if that applies to you.

If your income is from a business, you may possibly defer some of that income to next year. If your income comes from wages, another way to manage this is to plan an additional contribution to a retirement account. In the best of cases your $1,000 contribution would reduce your taxes by $320, and a little bit more for state taxes.

In some cases, you might have a significant dip in income. Perhaps if you have a business, you reported some large purchases, or you booked a loss or just had a bad year for income. It may make sense at this point to take advantage of your temporarily low tax rate to do a Roth conversion. Check with your wealth manager or tax preparer.

If your income does not straddle two tax brackets, the decision to invest in a Traditional IRA or a Roth IRA is still worth considering.

Charitable Contributions

By increasing standard deductions, the TCJA has made it more difficult for people to deduct charitable contributions . As a result, charitable contributions bring few if any tax benefits for most people.

One way around that situation is to bundle or lump charitable gifts. Instead of giving every year, you can give 2, 3 or more years worth of donations at one time. That would allow your charity to receive the contribution, and, potentially, for you to take a tax deduction. 

Pushing the bundling concept further, you could give even more to a Donor Advised Fund (DAF). With that option, you could take a tax deduction, and give every year from the DAF. That allows you to control your donations, reduce your income in the year that you donate, and potentially reduce income taxes and Medicare premiums. Consult your wealth strategist to ensure that taxes, income, and donations are optimized.

Retirement Accounts

First, it is important to review Required Minimum Distribution (RMDs). Anyone who is 70 ½ years of age or older is subject to RMDs. Please make sure to connect with your financial advisor to make sure that the RMD is properly withdrawn before the year-end.

The RMD is a perennial subject of irritation for people . Obviously, if your retirement income plan includes the use of RMDs, it’s not so much of an issue. However, if it is not required, it can be irritating. That is because RMD distributions are subject to income taxes that may even push you into the next tax bracket or increase your Medicare premium. There are, however, some ways that you can deal with that.  

For instance, if you take a Qualified Charitable Distribution (QCD) from your IRA and have the distribution given directly to a charity, the distribution will not be income to you. Hence you won’t pay income taxes on that distribution, and it will not be counted toward the income used to calculate your Medicare premium. However, it will fulfill your RMD, thus taking care of that pesky issue.

Generally, we advocate planning for lifetime taxes rather than for any one given year. Lifetime financial planning has the potential to result in even more benefits. It should be noted that many of the possibilities outlined in this article can be used throughout the year, not just at year-end. We encourage you to have that conversation with your wealth management team to plan for the long term!

Is A Health Savings Account Right For You?

By Chris Chen CFP | Divorce Planning , Financial Planning , Investment Planning , Tax Planning

It is health insurance plan signup season . Whether you subscribe to your employer’s health care insurance plan or you buy your own directly, it is the time of the year when you have to sign up all over again. Unless you have specific circumstances such as a change of employer, a divorce, or new baby, this is the one time in the year when you get to change your health care insurance plan.

If you have been keeping abreast of the popular financial media, you may have come across the Health Savings Account (HSA).  According to AHIP (America’s Health Insurance Plans), 22 million people had HSA accounts in 2018.  Financial Planners love HSA. It is potentially the most tax advantageous vehicle that exists.  Contributions to HSAs are pre-tax, the money is invested tax-free, and distributions are tax-free if used for health purposes. Triple tax-free. HSAs are even better than Roth retirement accounts !

The reality is that we all have health care expenses, and they can be substantial . Having the ability to pay with tax-free money is a critical advantage. If you have to pay a $100 hospital invoice, you might have to earn $150 or more first, pay Federal income taxes, Social security taxes, state income taxes, before you can have $100 to pay your bill. With an HSA, there is no income tax, you pay with $100 of your earnings. 

A Health Savings Account is effectively an alternative to the Flexible Spending Account (FSA) , the more traditional way to pay for health care expenses that are not covered by insurance. The FSA allows employees to save pre-tax from earnings, and then to spend it on health care expenses without paying taxes on the earnings.  Money in FSAs, however, is not invested, and it must be spent by year-end or be forfeited. It has to be spent, or it will be lost. HSA funds, on the other hand, can be invested, and funds from HSA accounts can be carried over into the future. Thus, HSAs can be spent in a way that is similar to other retirement savings accounts such as the IRA or the Roth IRA.

	IRA	Roth IRA	529	FSA	HSA
Contributions are pre-tax	Yes	No	No	Yes	Yes
Funds are invested tax-free	Yes	Yes	Yes	N/A	Yes
Distributions are tax-free (1)	No	Yes	Yes	Yes	Yes
Distributions can be taken in the future	Yes	Yes	Yes	No	Yes

1. If used as intended for retirement, education or health expenses respectively

What’s in it for the employer?

In order to contribute to an HSA, you must have chosen a High Deductible Health Plan with your employer. 

According to the IRS, for 2019, a high deductible is defined as $1,350  ($1,400 in 2020) for an individual or $2,700 for a family ($2,800 in 2020.) On top of this high deductible, annual out of pocket expenses (including deductibles, copayments, and coinsurance) cannot exceed $6,750 for an individual or $13,500 for a family. Those numbers increase in 2020 to $6,900 for an individual and $13,800 for a family. 

For employers, offering high deductible health insurance plans is more cost effective than other plans. Therefore, they will prefer that their employees sign up for high deductible plans. Many employers will contribute directly to HSA accounts to encourage their workforce to choose a high deductible health insurance plan.

Theoretically, if employees have to pay out of pocket or out of their HSA for their health care expenses, they will be more careful about their choices.  While the funds in the HSA remain available to be used for health care expenses immediately if needed, the designers of the HSA believe that the ability to carry over HSA balances to future years will motivate employees to be better health care shoppers when choosing treatments or, indeed, when choosing to be treated in the first place. The net result is that high deductible health plans help employers contain health care expenses, and shift the burden on their employees. 

From an employee’s point of view, high deductible plans can make a lot of sense . If you don’t believe that you will need (much) health care in the coming year, you can benefit from a lower cost plan, and from the savings and investment opportunity.  

Financial Benefit 

And how do you maximize the value of the HSA? By contributing to the maximum, and investing it. A dollar contributed may be worth many times its value in the future when invested.

The Internal Revenue Service allows individuals in 2020 to contribute up to $3,550 to their HSAs. Families may contribute up to $7,100.  Both individuals and families can benefit from a catch-up provision of $1,100 if they are over 55.

According to Debbie Taylor, a CPA and tax expert, many people make the mistake of not investing their HSA contributions and keeping them in money market. Because one of the key benefits of HSAs is that the contributions can grow tax-free , not investing them is a grievous and expensive mistake. 

However, it’s worth noting that an HSA may need to be invested differently from your retirement accounts , especially if you plan to use your HSA at different times than you might use your retirement accounts. Consult your wealth manager for more insight.

If you are choosing the high deductible plan to save money, but you are not able to contribute to your HSA, you are putting yourself at risk if you have an unforeseen health event. Not having enough saved to cover the cost of the health care you need means that you may have to go into debt until you have met your plan’s deductible. 

So, if you have a tight budget, please think twice before trying to save money with a high deductible plan. It may just backfire on you.

Unintended Consequences

A question that is often minimized at enrollment time is what happens to the HSA if you have miscalculated, and you happen to have a significant health care expense in the year that you are contributing? 

First, if it is a major event, you may consider using funds in your HSA account. However the health care insurance will eventually kick in and cover most of the cost. So as a subscriber to a high deductible plan, you are still protected from the catastrophic consequences of an unexpected health issue. While you may not harvest all the benefits of the HSA, and you will likely lose the cost savings of choosing a high deductible plan, you are protected from financial disaster.

What if it is not a really major event, just a somewhat major event like, say, a trip to the emergency room for a temporary issue that you will easily recover from?

In that case, you also have the option to use your funds in the HSA to pay for those expenses. Your contributions will have been pre-tax as with an FSA. You will not have enjoyed much investment growth. Your distribution will still be tax-free. You are giving up the future benefits of the HSA, but you are dealing with your more immediate issues. Basically, your HSA will have functioned like an FSA. You will also lose the savings benefits of choosing a lower cost high deductible plan over a higher cost low deductible plan.

What if instead, you decide to pay for your trip to the emergency room out of pocket with post-tax savings and save your HSA for the future, as your wealth manager told you that you should? The real cost of your $5,000 trip depends on your income and tax bracket. If you happen to be in the 32% Federal tax bracket and you live in Massachusetts, the cost of the $5,000 emergency room trip will be around 58% higher.  

HSAs provide some tremendous benefits that should be considered by everyone who is looking to enhance their health care and their retirement situation. However, the decision to choose a Health Savings Account should be based on more than just taxes and the cost of your health care insurance. It is important to consider the very real costs of unforeseen events and to be realistic about your health insurance needs. 

Do You Have To Pay Taxes in Retirement?

By Chris Chen CFP | Financial Planning , Retirement Planning , Tax Planning

Do You Have To Pay Taxes in Retirement?

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Many people mistakenly look forward to not having to pay income taxes in retirement. It is understandable that after a lifetime of paying taxes, retirees would feel that they deserve a break. 

Unfortunately, that is not generally how income taxes work! In this article, I categorize nine sources of income and their corresponding level of taxes. 

It may seem at times that taxes are hitting us from all directions.  However, a variety of tax rules can also give retirees, or ideally pre-retirees, opportunities to plan such that they can optimize their lifetime taxes, and avoid paying more than their fair share .

Social Security

For those filing as single with income below $25,000, or married filing jointly with income below $32,000, social security income is income tax-free. However, single filer retirees with income up to $34,000 or $44,000 for married filing jointly will find that 50% of their social security becomes taxable.  When income increases over $34,000, or $44,000 for married filing jointly then 85% becomes taxable. 

So while it is correct that a portion of their social security income will be income tax-free, many retirees find that they will pay some taxes on their social security income

Retirement Accounts

Retirement accounts such as 401(k), 403(b), and IRAs are an important source of income for retirees.  Income from these accounts is taxed as ordinary income, as if it was being earned in a job, with tax rates ranging from 10% to 37% at the federal level. That is because the initial contribution to those accounts helped to reduce taxable income at the time.  That means that the money in these retirement accounts was never taxed. 

To complicate the matter, distributions from some accounts may be exempt from State taxes. For instance, 403(b) accounts earned in New Jersey are exempt from New Jersey State income taxes at distribution. Similarly, IRA distributions from accounts that were established by Massachusetts taxpayers are exempt from State income taxes. These peculiarities vary from State to State. It’s important to verify how they may apply in your State rather than making an assumption.  

Pensions

Many retirees still receive pension income. Some of the more common ones include state, federal and military pensions. Although private pensions have been in decline for several decades now, there continue to be many people who receive payments from these pensions.

Retirees are often surprised to find that their pension income is taxable as ordinary income at the federal level, just as other retirement account income. As with other retirement income sources, there may be exceptions for state taxes that vary from state to state and pension to pension.

Roth Accounts

Income from Roth accounts is not taxed in retirement.  That is because the initial contribution came from after-tax money. In other words, the income used to make the contribution was taxed on the full amount before the contribution was made. I like to say that “Roth accounts are not tax-free, they are just taxed differently“.

A key benefit of Roth accounts is that their distributions do not count toward high-income surcharges for Medicare Part B and Part D premiums. 

Retirees find that Roth accounts can be tremendously useful to optimize taxes in retirement by strategically combining income from Roth accounts with income from taxable accounts .

As a result, effective retirement planning should include considering saving in Traditional vs Roth accounts and strategically converting Traditional to Roth accounts, when appropriate.

Before jumping into making a Roth conversion, it is important to understand that the point of a Roth account contribution should not be to avoid taxes in retirement per se.  Instead, it should be to reduce lifetime taxes . It is possible that a badly timed Roth contribution would increase lifetime taxes, while also reducing retirement income taxes. A strategic plan is important to think through and implement. 

Municipal Bonds

Income received from municipal bonds is federal tax-free.  Like a Roth contribution, an investment in municipal bonds is made with after-tax money. If you own municipal bonds from the state of your residence, the interest is also state tax-free. However, if you own municipal bonds from states other than your residence, their interest is usually taxable at the state level.

People also wonder what happens when they sell their municipal bonds.  When that happens, the price of the bond can be higher or lower than the face value, known as a premium or a discount. When the price is at a premium, the difference between the premium and the face value can be taxed. That can often be an impediment to a sale as people don’t want to be taxed.  

Investments

When held for one year or longer, investments outside of retirement accounts are subject to long term capital gains taxes. They can range from 0% to 23.8%, including potential Medicare surcharges.  In 2019, for a married couple filing jointly with taxable income up to $78,750, long term capital gains are taxed at 0% federally ($39,375 for people filing as single).

Therefore investments can potentially be taxed less than other sources of income such as retirement accounts. Balancing distributions from investments in conjunction with Traditional retirement and Roth accounts can be a valuable tax optimization tool.

For people preparing to retire, it may make sense to divert investments from retirement accounts to brokerage accounts . Since taxes cannot be entirely avoided, it is about creating a strategy that optimizes investment vehicles to reduce lifetime taxes.

Annuities

Any income from annuities held inside qualified retirement accounts such as an IRA will be taxable as ordinary income in its entirety.

Income from annuities that are not held in qualified retirement accounts is partially taxable as ordinary income. The amount of the distribution that represents your original investment is considered tax-free. 

Therefore, the taxation of annuity income falls somewhat below that the taxation of income from retirement accounts. 

Life Insurance

Loans from the cash value of an insurance policy are considered tax free. That is because, as any loans, they are not considered income. That is a critical point made at the time that an insurance sale occurs.  It should be noted, however, that life insurance is an instance when the tax issues are so prevalent in the discussion that they obscure the other costs of cash value life insurance. The loan from the policy is tax-free, but that in an of itself does not necessarily make life insurance cost-effective or appropriate for your needs.

Earned Income

Income earned in retirement is taxed as any other earned income before retirement. Some retirees continue to earn work income, from part-time jobs or from consulting gigs for example. That income is taxed as earned income as if they were not retired, including Social Security and Medicare. Unfortunately, there is no tax break for working in retirement!

The reality for most of us is that we will owe taxes in retirement. The multiplication of tax situations can make planning difficult for a retiree.

The challenge is to plan our income situation strategically, manipulate it if you will, in order to minimize lifetime taxes. 

Fortunately, wealth planning done properly is a very feasible endeavor that  may help you keep more of what you earned in your pockets!

McKenzie Bezos: 4 Wealth Strategy Concerns

By Chris Chen CFP | Divorce Planning , Financial Planning , Tax Planning

McKenzie Bezos: 4 Wealth Strategy Concerns

On April 4th, it was announced that McKenzie Bezos would be receiving 36 billion dollars worth of assets from her divorce from Jeff.  

First of all, congratulations to Jeff and McKenzie for keeping this divorce process short, out of the media as much as possible, and out of the courts. We are not going to know the details of the Bezos’ agreement. However, some information has been disclosed in the press.

As reported by CNN, McKenzie is keeping 4% of their Amazon stock, worth approximately 36 billion dollars. Jeff retains voting power for her shares as well as ownership of the Washington Post and Blue Origin, their space exploration venture. According to The Economist, this makes the Bezos divorce the most expensive in history by a long shot.

As a post-divorce financial planner, I feel a little silly thinking of what I would tell McKenzie to do with her money now. The magnitude of her portfolio is well beyond run of the mill high net worth divorces with assets only in the millions or tens of millions of dollars. McKenzie can buy $100M or $200M houses and condos wherever she wants. She can have her own jets and her own yachts. She could buy an island or two.

Unsurprisingly, McKenzie’s wealth is concentrated in AMZN stock. That has worked out well for the Bezos’ for the past several years. It is likely to continue to be a great source of wealth for both of them in the future. As it stands, McKenzie is now the third richest woman in the world. Who knows, if she holds onto AMZN stock, she could become the richest woman in the world one day! McKenzie’s concerns with budgeting, taxes, and wealth strategy will soon be in a class of their own.

There are, however, some lingering considerations for McKenzie, particularly when it comes to capital gains taxes, portfolio management, philanthropy and wealth transfer.

Capital Gains Taxes

McKenzie probably has an enormous tax liability built into her AMZN holdings. While I am not privy to her cost basis, it is not unreasonable to assume that it is close to zero since the Bezos’ have owned Amazon stock since the company’s inception. Should McKenzie sell her AMZN stock, the entire amount would likely be subject to capital gains taxes. As such McKenzie may not be worth quite $36 Billion after taxes are accounted for .

A benefit of keeping the stock until her death is that her estate will benefit from a step up in cost basis. This would mean that the IRS would consider the cost of the stock to be equal to the value at her death. This favorable tax treatment would wipe out her capital gains tax liability.

Portfolio Management

Nevertheless, the standard advice that wealth strategists give clients with ordinary wealth applies to Ms. Bezos as well: it would be in McKenzie’s best financial interest to diversify her holdings. Diversifying would help her reduce the risk of having her wealth concentrated into a single stock. It is a problem that McKenzie (and Jeff) share with many employees of technology and biotech startups.

McKenzie might not want to sell all of her AMZN stock or even most of it. Although we have not read their separation agreement, she has probably agreed with Jeff that she would retain the bulk of her holding. She may also believe enough in AMZN and Jeff’s leadership to sincerely want to keep it. Regardless, McKenzie should still diversify her portfolio to protect herself against AMZN specific risks.

Philanthropy

An advantage of having more money than you need is that you have the option to use the excess to have a measurable impact on the world through philanthropy. In 2018, Jeff and McKenzie created a $2B fund, the Bezos Day One Fund, to help fight homelessness. Given that the home page of the fund now only features Jeff’s signature, this may mean that Jeff is keeping this also. McKenzie will likely organize her own charity. What will her cause be?

Philanthropy can be an effective tax and estate management tool , primarily because, within limits, the IRS allows you to deduct your donations against your income thus helping you manage current and future taxes. For McKenzie, it is about deciding what to do with the money, instead of letting Congress decide.

Wealth Transfer

McKenzie’s net worth is far in excess of the current limits of federal and state estate taxes. Unless she previously planned for it during her marriage, she will have to revise her estate plan.  Even though she would benefit from a step up in basis on her AMZN stock if she chooses not to diversify, she would still be subject to estate taxes, potentially in the billions of dollars.

Of course, no matter how much estate tax McKenzie ends up paying, it is likely that she will have plenty to leave to her heirs.

Financially, McKenzie Bezos has what wealth strategists would consider as ‘good financial problems’ . She has the financial freedom to focus on the important aspects of life: family, relationships and making a difference.

 

A version of this post appeared in Kiplinger on April 12, 2019