Section 529 plans have tax benefits

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.

  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. 

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.

 

YOUR FALL CALENDAR

September 16 - Third quarter installment of 2002 individual estimated income tax is due.

September 16 - Filing deadline for 2001 tax returns for calendar year corporations that recieved and automatic extension of the March 15 filing deadline.

October 15 - Filing deadline for 2001 individual tax returns on second extensions.



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 

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. 


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.