Update your estate plan
Last year's tax law made major estate tax changes that
phase in over a nine-year period. The 2001 law also contains
a sunset provision that brings back all the old rules in 2001.
Some members of Congress would like to speed up last year's
estate tax changes and permanently repeal the estate tax, but all
of the recent proposals to do this have failed to pass.
Though Congress may continue it's efforts to reduce or
eliminate the death tax, it is not gone yet. Putting your
estate planning on hold until Congress acts could be a costly
mistake. Take the time to put your estate in order.
Check for flexibility in the wording of your estate documents
(wills, trusts, etc.)
Name guardians for minor children and provide for setting up
trusts if appropriate.
Review beneficiary designations on your retirement plans, life
insurance policies, and annuities.
Consider
the benefits of an annual gift-giving program.
Determine whether you have adequate life insurance coverage.
Be sure you have other important documents, such as a durable
power of attorney and a medical directive.
For assistance with your estate
planning, please call us.
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Listen to any conversation about saving for college, and you'll
probably hear the words "Section 529" plan."
That's because these plans have gown in popularity following last
year's tax changes. Section 529 plans offer a tax advantaged
way to save for college.
What are Section 529 plans? Section 529 plans come
in two forms - prepaid tuition plans and college savings plans.
Prepaid tuition plans are designed to hedge against
inflation. You can purchase tuition credits, at today's
rates, that your child can redeem when he or she attends one of
the plan's eligible colleges.
College savings plans let you build a fund for your
child's college expenses. These state-sponsored plans are
probably what you've been hearing about in the news, and they are
the focus of this article.
How do college savings plans work? Typically, a
parent or grandparent sets up a plan for a child or grandchild,
although you can establish one for anyone. You can make a
single contribution or a series of contributions to the
plan. Your contribution is a gift, and it's not
tax-deductible.
You aren't allowed to contribute beyond what's considered
necessary to pay for your child's college expenses (each plan sets
it own limit). Your child can use the funds that accumulate
to pay school expenses at any college on the plan's list of
eligible schools.
Every state now has a college savings plan in place or
under development. With so many choices, how do you decide
which one is best for you? Here are some things to consider.
What are the tax benefits? Once in the plan, your
money grows tax-free. Provided the funds are used to pay for
your child's qualified college expenses, withdrawals are
tax-free. Qualified expenses include tuition, fees, books,
supplies, and certain room and board costs.
Most state plans are available to both residents and
nonresidents.
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Although
the federal income tax rules are the same for every state plan,
the state income tax rules vary.
What are your investment options? You cannot choose
the investments in the plan. You must choose one of the
plan's investment options. Most plans offer several options
ranging from conservative to aggressive.
If a plan's investments are not performing up to your
expectations, you can switch investment options or switch to
another state plan as often as once a year. If you simply
request a refund, you'll have to pay income tax and penalties on
earnings.
Where can you purchase a plan? You can buy state
plans through the sponsoring state or through a broker.
Before you invest in a plan, compare the sales fees charged by the
state against those charged for a broker-sold plan.
What if you change your mind? If your child decides
not to go to college, you can pick another beneficiary of the same
generation within your family without losing the plan's tax
benefits.
If you change your mind about keeping the plan or need your
money, you can withdraw funds from the plan. But you'll
generally have to pay income tax on the plan's earnings plus a 10%
penalty tax. The state may also charge a withdrawal penalty.
Before you decide on a 529
college savings plan, do your homework. Compare different
state plans and compare 529 plans to other options for building a
college fund.
Although college savings plans offer some nice tax
advantages, they're not the best choice for everyone. We
encourage you to work with us to develop and education funding
plan tailored to your specific circumstances.
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Create a business
succession plan |
Regardless of what you may have heard, recent estate tax
law changes haven't made business succession planning
obsolete. Even if estate taxes are someday repealed
for good, you will still need a succession plan.
A succession plan allows your business to continue
if you leave the business for any reason: your
retirement, disability, death, or just your decision to
move on. Here are some basic steps you should take
to help ensure the survival of your business.
Determine who will succeed you. Will it be family
members, your business partners, your employees, or an
outside buyer? Each choice requires a different
plan.
Prepare a time line. Barring death or
disability, when and how do you plan to exit the
business? Well in advance of your planned departure,
equip your successors with the skills and experience
necessary to take over.
Maintain complete and accurate financial records. Your
company's financial history is essential to preparing a
fair
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business
valuation. An accurate valuation is important
because you deserve a fair price for your business.
In addition, a buyer and his creditors will want evidence
that the purchase price is fair. And your company's
valuation may have to withstand IRS scrutiny.
Create a financing plan. Your plan
should take your future financial needs into account and
provide a method for your successors to meet those
needs.
Surround yourself with a team of advisors. Your
accountant, your attorney, your banker, and your insurance
agent can each have an important role to play in
completing your plan.
Business succession
is a process, not an event. Failure to plan for an
orderly transition can result in financial losses or even
the loss of your business. A well-designed plan, on
the other hand, can protect your family, your employees,
your co-owners, and your customers.
Call
us for assistance in setting up a succession plan for
your business.
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Estate tax history...
1916: Congress passed a 10% estate tax to help finance World
War I.
1941: Congress increased the top estate tax to 77% to help
finance World War II.
1976: Congress dropped the top estate tax rate to 70%.
1981: Congress lowered the top estate tax rate to 50%.
1993: Congress increased the top estate tax rate to 55%.
2001: Congress made major changes to the estate tax rules
including gradually dropping the top tax rate and increasing the
estate exclusion amount over a nine-year period.
2010: The estate tax is scheduled to be repealed.
2011: Estate taxes are scheduled to return with a top tax
rate of 55%.
| All
material presented in this newsletter is for
general information only and should not be acted
upon without further details and/or professional
assistance. |
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