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Mid-Year Tax Considerations
Abel Financial Strategies                                   Though it may seem as if          own rates and rules. While the December
Augustus W. Abel, CFP®                                      the ink has barely dried on       legislation extended regular income tax rates
                                                            your 2010 federal income          through 2012, it only extended AMT relief (in
Financial Advisor                                           tax return, the end of 2011       the form of increased AMT exemption amounts)
3775 Attucks Dr.                                            is now visible on the             through 2011. You can probably expect another
Powell, OH 43065                                            horizon. Here are some            AMT fix in legislation later this year, since
phone (614) 389-2075                                        things to consider as you         without it there would be a dramatic increase in
Cell (614) 499-1201                    take stock of your current tax situation.              the number of individuals subject to AMT in
aw@awabelfinancial.com                                                                        2012. But that leaves a fair degree of
                                       The 2% difference
www.awabelfinancial.com                                                                       uncertainty today, however, as you consider
                                       If you're an employee, 6.2% of your wages (up          your overall tax situation.
                                       to the taxable wage base--$106,800 in 2011)
                                       would normally be withheld for your portion of         Also worth noting
Hi Everyone,                           the Social Security retirement component of            Small business stock: Generally, individuals
                                       FICA employment tax. But legislation passed in         may exclude 50% of any capital gain from the
Well the rain has finally stopped      December 2010 included a temporary one-year            sale or exchange of qualified small business
and now the drought begins.            2% reduction in this tax. That means for 2011,         stock provided they meet certain requirements,
The extremes in the weather            you're paying the tax at a rate of 4.2%. If you're     including a five-year holding period. For
have been all too common               self-employed, the 12.4% you would normally            qualified small business stock issued and
recently.                              pay for the Social Security portion of your            acquired after September 27, 2010, and before
                                       self-employment tax is reduced to 10.4%.               January 1, 2012, however, 100% of any capital
Extremes in your investments
                                       Have you earmarked the resulting extra dollars         gain may be excluded from income if the stock
performance can be wonderful                                                                  is held for at least five years and all other
on the upside and depressing           in your paycheck efficiently by, for example,
                                       paying down high-interest debt or saving for           requirements are met.
on the downside. Proper
                                       retirement? If you haven't, consider making up         IRA qualified charitable distributions: Absent
diversification of your accounts
                                       for it by contributing an extra 4% of your income      additional legislation, 2011 will be the last year
can help you reduce the                to your 401(k) or an IRA for the remainder of          that you'll be able to make qualified charitable
downside effects on your               the year. By applying the extra money toward a         distributions (QCDs) of up to $100,000 from an
accounts.                              long-term goal, the potential benefit of the           IRA directly to a qualified charity if you're age
Best wishes for a beautiful            temporary tax reduction can extend beyond              70½ or older. Such distributions may be
month of June!                         2011.                                                  excluded from income and count toward
                                                                                              satisfying any required minimum distributions
A.W.                                   Tax rates
                                                                                              (RMDs) that you would otherwise have to
                                       The same federal income tax rates that applied         receive from your IRA in 2011.
                                       in 2010 continue to apply in 2011 and 2012
                                                                                              Depreciation and IRC Section 179 expensing: If
                                       (depending on your taxable income, you'll fall
                                                                                              you're a business owner or self-employed
                                       into either the 10%, 15%, 25%, 28%, 33%, or
                                                                                              individual, you're allowed a first-year
                                       35% rate bracket). And, as in 2010, long-term
                                                                                              depreciation deduction of 100% of the cost of
                                       capital gains and qualifying dividends in 2011
June 2011                                                                                     qualifying property acquired and placed in
                                       and 2012 continue to be taxed at a maximum
                                                                                              service during 2011 (the "bonus" first-year
Mid-Year Tax Considerations            rate of 15%; if you're in the 10% or 15%
                                                                                              additional depreciation deduction will drop to
                                       marginal income tax brackets, a special 0%
Life Insurance Policy Loans: Tax and                                                          50% for property acquired and placed in service
                                       rate will generally apply. So, unlike this time last
Other Implications                                                                            during 2012). For 2011, the maximum amount
                                       year, you don't have to contend with the
                                                                                              that can be expensed under IRC Section 179 is
Deciphering Health Savings Vehicles    uncertainty of not knowing what next year's tax
                                                                                              $500,000, but in 2012 the limit will drop to
                                       rates will be.
What is a funeral trust?                                                                      $125,000.
                                       That consistency, however, does not apply to
                                       the alternative minimum tax (AMT)--essentially
                                       a parallel federal income tax system, with its




                                                                                                          Page 1 of 4, see disclaimer on final page
Life Insurance Policy Loans: Tax and Other Implications
                                As the owner of a life insurance policy, you can     of disability, or as part of a series of
                                generally borrow the policy's cash surrender         substantially equal periodic payments.
                                value and use the proceeds for any purpose.          Example(s): You have a MEC with a cash
                                Before you take a policy loan, be sure you           surrender value of $100,000. You have paid
                                understand the implications of the loan on the       premiums of $50,000. You take a policy loan for
                                policy itself as well as any tax implications, now   $60,000. The first $50,000 ($100,000 cash
                                and in the future.                                   surrender value - $50,000 investment in the
                                Effect of policy loan on policy                      contract) of the loan is taxable income to you.
                                You can generally borrow an amount up to the         Lapse or surrender of policy
                                policy's cash surrender value (less an               An outstanding loan is generally treated as an
                                adjustment for interest) from the insurer. The       amount received if a policy lapses or is
What is a MEC?                  insurer will charge you interest on the loan.        surrendered and may result in taxable income.
                                Generally, interest is not actually paid, but is     A policy can lapse if premiums are not paid and
A life insurance policy
purchased after June 20,        added to the amount of the loan. Interest            the policy terminates when any policy benefits
1988, is a modified             charged on a policy loan is not generally            are exhausted as a result. Also, as noted
endowment contract if the       deductible for income tax purposes. There            above, if the amount borrowed plus interest
accumulated premiums paid       could be other adjustments as well under the         ever equals or exceeds the cash surrender
at any time during the first    contract; for example, a participating policy may    value, the policy can terminate if additional
seven years exceed the sum      restrict the payment of dividends to you while a
of the net level premiums                                                            amounts are not paid into the life insurance
                                loan is outstanding.                                 policy. You can cash in a policy by surrendering
for a policy that would be
paid up after seven years. A    You are not required to repay a life insurance       the policy to the insurer in return for the policy's
single premium policy is        policy loan. But you can generally repay a life      cash surrender value (as reduced by the
one example of a modified       insurance policy loan at any time while the          amount of the loan plus interest).
endowment contract. (Your       insured is alive. If you do not repay the loan,
life insurance company or                                                            If you surrender your policy to the life insurance
                                the cash surrender value paid to you or the          company or the policy lapses, any gain realized
life insurance agent can tell   policy proceeds at death will be reduced by the
you if a policy is a modified                                                        is taxable at ordinary income tax rates. The
                                amount of the loan (plus interest). Thus, a loan     gain is the excess of the amount you receive
endowment contract.)
                                generally reduces life insurance protection.         over the net premium cost. The net premium
                                If the amount borrowed plus interest ever            cost is the total premiums you paid less any
                                equals or exceeds the cash surrender value,          tax-free distributions received. An outstanding
                                the policy can terminate if additional amounts       loan is generally treated as an amount received
                                are not paid into the life insurance policy. Life    if a policy is surrendered or lapsed and may
                                insurance protection could be lost.                  result in taxable income.
                                If you have any incidents of ownership in a life     Example(s): You have a life insurance policy
                                insurance policy on your life, proceeds paid at      with a cash surrender value of $200,000. You
                                death are includable in your gross estate for        have paid premiums of $75,000. You also have
                                federal estate tax purposes. The right to obtain     an outstanding policy loan of $175,000. There
                                a policy loan is an incident of ownership.           have been no distributions from the policy. You
                                Generally, life insurance proceeds received at       surrender the policy to the insurer for $25,000
                                death by your beneficiary are received income        cash. You have taxable ordinary income of
                                tax free.                                            $125,000 ($25,000 cash + $175,000 loan -
                                                                                     $75,000 premiums). If you have not prepared
                                Taxation of policy loan
                                                                                     for it, it may come as quite a shock.
                                You can borrow against your life insurance
                                                                                   Example(s): You have a life insurance policy
                                policy, and the loan proceeds are generally not
                                                                                   with a cash surrender value of $200,000. You
                                taxable to you (unless the policy is a modified
                                                                                   have paid premiums of $75,000. You also have
                                endowment contract (MEC), see sidebar).
                                                                                   an outstanding policy loan of $200,000. There
                                A loan from a MEC is treated as a distribution     have been no distributions from the policy. The
                                from the MEC. A distribution from a MEC is         policy lapses. You have taxable ordinary
                                subject to the income-out-first rule. As amounts income of $125,000 ($200,000 loan - $75,000
                                are distributed, they are treated as consisting of premiums). Once again, if you have not
                                taxable income to the extent that they do not      prepared for it, it may come as quite a shock.
                                exceed the excess of the cash surrender value
                                of the policy over the investment in the contract
                                (generally, premiums paid less tax-free
                                distributions). The taxable income will also be
                                subject to a 10% penalty tax unless the
                                distribution is made after age 59½, on account




                                                                                                 Page 2 of 4, see disclaimer on final page
Deciphering Health Savings Vehicles
                                Health savings accounts (HSAs), Archer             FSAs
                                medical savings accounts (MSAs), health
                                                                                   If you don't participate in an HDHP, you still can
                                reimbursement arrangements (HRAs), and
                                                                                   set money aside for uninsured medical
                                flexible spending arrangements (FSAs) are all
                                                                                   expenses through an employer-established
                                personal health accounts that may help you
                                                                                   FSA. Unlike an HSA, you must be an employee
                                control your health-care costs. But trying to
                                                                                   of the employer providing the FSA in order to
                                figure out what's what can be confusing. Here's
                                                                                   participate (self-employed persons are not
                                a brief description of each type of account,
                                                                                   eligible and certain limitations may apply if you
                                including some of their major features and
                                                                                   are a highly compensated participant or key
                                benefits.
                                                                                   employee). Pretax contributions can be made
                                MSAs/HSAs                                          by either you, your employer, or both of you
                                As of January 1, 2008, the MSA program             (except employer contributions used to pay
Beginning January 1, 2011,
for HSA, MSA, FSA, and          expired and no new MSAs can be established, long-term care premiums must be included in
                                although if you already participate in an MSA,     income). You determine how much money you
HRA programs, a drug or
medicine is considered a        you can continue to receive contributions.         want deposited each year up to the plan's
qualified medical expense       HSAs have generally taken the place of MSAs maximum dollar amount or percentage of
only if it is obtained with a   because of their greater flexibility and options.  compensation; funds in the account are not
prescription, or is insulin.    In fact, in most instances you can roll over an    subject to tax; and distributions are tax free if
                                existing MSA into an HSA. MSAs and HSAs are used to pay for qualified, unreimbursed medical
                                set up in a trust account with a financial entity. expenses you've incurred (no advance
                                Contributions made through your employer are payments for anticipated expenses). Unlike
                                pretax dollars (or you can contribute to the       HSAs, if you leave your employer, you can't
                                account directly and deduct the contribution),     keep the money in the account or take it with
                                no tax is due on funds in the account, or on any you to another employer (it's not portable).
                                earnings until withdrawn, and if funds are used Also, what you don't spend on medical
                                for qualified medical expenses, the withdrawals expenses by the end of the plan year is
                                are not taxed. However, account withdrawals        forfeited and not available the following year
                                that aren't used for qualified medical expenses (i.e., you must use it or lose it).
                                are subject to a tax penalty of 20%, in addition HRAs
                                to regular income tax. Your account is portable,
                                                                                   Like FSAs, HRAs are only available to
                                meaning if you change employers or leave the
                                                                                   employees, not to self-employed individuals.
                                workforce, you can keep the account. To be
Effective January 1, 2013,                                                         And HRAs must be funded solely by an
                                eligible, you must be insured by a high
contributions to a flexible                                                        employer; you can't contribute directly to the
spending account will be
                                deductible health plan (HDHP) that you
                                                                                   account. The terms of the HRA are generally
limited to $2,500 per year,     maintain (if self-employed) or that's provided
                                                                                   determined by the employer. For example, your
increased annually by           through your employer.
                                                                                   employer's plan may or may not require you to
cost-of-living adjustments.     However, there are also differences between        have health insurance in order to participate.
                                MSAs and HSAs. Generally, anyone with an           The plan sets the maximum amount of
                                HDHP can participate in an HSA. But to qualify contributions, and determines whether a credit
                                for an MSA, you must have been either an           balance in the account can be rolled over from
                                employee of a company that employs 50 or           year to year, and if so, how much of the
                                fewer people, or be self-employed (or the          account can be rolled over. But contributions
                                spouse of such an employee or self-employed and reimbursements for qualified medical
                                person). With an HSA, contributions can be         expenses are tax free. Reimbursements can be
                                made by you, your employer, or anyone else on made to current and former employees,
                                your behalf within the same plan year. But MSA including spouses and dependents of
                                contributions can only be made by either your      employees and deceased employees.
                                employer or yourself, but not both, in the same However, if the plan allows for any distribution
                                plan year. Contribution amounts also differ. In    to you or anyone else (e.g., spouse, dependent,
                                2011, maximum HSA contributions are limited        estate at your death) for other than
                                to $3,050 for single HDHP coverage and             reimbursement for qualified medical expenses,
                                $6,150 for family HDHP coverage. MSA               then any distribution, whether for qualified
                                contributions can be up to 75% (65% if you         medical expenses or not, is included in gross
                                participate in a self-only plan) of the annual     income.
                                deductible of your HDHP, but no more than
                                your annual earnings from employment.




                                                                                               Page 3 of 4, see disclaimer on final page
Ask the Experts
Abel Financial Strategies                                   What is a funeral trust?
Augustus W. Abel, CFP®                                       A funeral trust is a contract      right before entering the nursing home--there's
Financial Advisor                                            you enter into with a provider     no "look-back" period for these transfers.
3775 Attucks Dr.                                             of funeral or burial services.     Another advantage of funding your trust with life
Powell, OH 43065                                             Often, the trust is entered into   insurance is that the trust will have no taxable
                                                             directly with the funeral home,    income to report, since life insurance cash
phone (614) 389-2075
                                          which may agree to "lock in" costs for future         values grow tax deferred. Otherwise, income
Cell (614) 499-1201                       funeral or burial services at an agreed upon
aw@awabelfinancial.com                                                                          from trust assets may be taxed to you as the
                                          price. The funeral home sometimes serves as           trustor (creator of the trust) unless the trustee
www.awabelfinancial.com
                                          trustee (manager of trust assets), and you            elects to treat the trust as a qualified funeral
                                          usually fund the trust with cash, bonds, or life      trust by filing form 1041-QFT with the IRS, in
                                          insurance. A revocable funeral trust can be           which case trust income is taxed to the trust.
                                          changed and revoked by you at any time. An
                                          irrevocable trust can't be changed or revoked,        But what if you want to change funeral homes,
Securities offered through First
                                          and you generally can't get your money out            or the facility you selected goes out of
Heartland Capital® , Inc. Member
                                          except to pay for funeral services.                   business? Does your irrevocable trust allow you
FINRA/SIPC. Advisory Services
                                                                                                to change beneficiaries (e.g., funeral homes)?
offered through First Heartland®          Irrevocable funeral trusts may also help you          Are trust funds protected from creditors of the
Consultants, Inc. (Abel Financial         qualify for long-term care benefits through           funeral home? States have laws regulating
Strategies is not affiliated with First   Medicaid. These trusts may be funded with             prepaid funeral trusts that often require funeral
Heartland Capital® , Inc.)                assets that would otherwise be countable              homes to keep trust assets separate from their
                                          resources for Medicaid. They are also often           own business assets--keeping them safe from
                                          sold through insurance companies, in which            funeral home creditors. And most irrevocable
                                          case they are typically funded with                   trusts are transferable to another funeral home
                                          single-premium whole life insurance. Trust            should the initial business fail or you change
                                          assets, including life insurance death benefits,      funeral homes.
                                          are not countable resources when trying to
                                          qualify for long-term care benefits through
                                          Medicaid. And you can fund the funeral trust


                                                            What is a pet trust?
                                                            A pet trust is a contract you       Some of the instructions to consider for your
                                                            use to provide for the care and     pet trust include: provisions for food and diet,
                                                            financial support of your pet       daily routines, toys, medical care and grooming,
                                                            upon your disability or death.      how the trustee or caregiver is to document
                                                            As the trustor (creator) of the     expenditures for reimbursement, whether the
                                          trust, you fund the trust with property or cash       trust will insure the caregiver for any injuries or
                                          that can be used to provide for the care and          claims caused by your pet, and the disposition
                                          protection of your pet based on the instructions      of your pet's remains.
                                          you lay out in the trust.                             You may also want to name a person or
                                          Your pet trust should name a trustee, who will        organization to take your pet should your trust
                                          carry out your instructions for the care of your      run out of funds. Also, consider naming a
                                          pet, including handling and disbursement of           remainder beneficiary to receive any funds or
                                          trust funds and turning your pet over to the          property remaining in the trust after your pet
                                          person or entity you designate to serve as your       dies.
                                          pet's caregiver.                                      A potential problem arises if your pet is
                                          As with most trusts, you can create your pet          expected to live for more than 21 years after
                                          trust while you're alive (an inter vivos or living    your death. That's because the "rule against
                                          trust) or at your death through your will (a          perpetuities" forbids a trust from lasting beyond
                                          testamentary trust). In either case, you can          a certain period of time, usually 21 years after
                                          generally change the terms of your pet trust at       the death of an identified person. However,
                                          any time during your lifetime to accommodate          almost every state has laws relating to pet
                                          changing circumstances. If you create an inter        trusts that address this issue in particular and
                                          vivos trust, you can fund it with cash or property    allow for the continued maintenance of the trust
                                          either during your life or at your death through      even if its terms would otherwise violate the
                                          your will. A testamentary trust is only funded        rule.
                                          after you die.




                                                                                                                                         Page 4 of 4
                                                                                                           Prepared by Forefield Inc. Copyright 2011

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Newsletter June 2011

  • 1. Mid-Year Tax Considerations Abel Financial Strategies Though it may seem as if own rates and rules. While the December Augustus W. Abel, CFP® the ink has barely dried on legislation extended regular income tax rates your 2010 federal income through 2012, it only extended AMT relief (in Financial Advisor tax return, the end of 2011 the form of increased AMT exemption amounts) 3775 Attucks Dr. is now visible on the through 2011. You can probably expect another Powell, OH 43065 horizon. Here are some AMT fix in legislation later this year, since phone (614) 389-2075 things to consider as you without it there would be a dramatic increase in Cell (614) 499-1201 take stock of your current tax situation. the number of individuals subject to AMT in aw@awabelfinancial.com 2012. But that leaves a fair degree of The 2% difference www.awabelfinancial.com uncertainty today, however, as you consider If you're an employee, 6.2% of your wages (up your overall tax situation. to the taxable wage base--$106,800 in 2011) would normally be withheld for your portion of Also worth noting Hi Everyone, the Social Security retirement component of Small business stock: Generally, individuals FICA employment tax. But legislation passed in may exclude 50% of any capital gain from the Well the rain has finally stopped December 2010 included a temporary one-year sale or exchange of qualified small business and now the drought begins. 2% reduction in this tax. That means for 2011, stock provided they meet certain requirements, The extremes in the weather you're paying the tax at a rate of 4.2%. If you're including a five-year holding period. For have been all too common self-employed, the 12.4% you would normally qualified small business stock issued and recently. pay for the Social Security portion of your acquired after September 27, 2010, and before self-employment tax is reduced to 10.4%. January 1, 2012, however, 100% of any capital Extremes in your investments Have you earmarked the resulting extra dollars gain may be excluded from income if the stock performance can be wonderful is held for at least five years and all other on the upside and depressing in your paycheck efficiently by, for example, paying down high-interest debt or saving for requirements are met. on the downside. Proper retirement? If you haven't, consider making up IRA qualified charitable distributions: Absent diversification of your accounts for it by contributing an extra 4% of your income additional legislation, 2011 will be the last year can help you reduce the to your 401(k) or an IRA for the remainder of that you'll be able to make qualified charitable downside effects on your the year. By applying the extra money toward a distributions (QCDs) of up to $100,000 from an accounts. long-term goal, the potential benefit of the IRA directly to a qualified charity if you're age Best wishes for a beautiful temporary tax reduction can extend beyond 70½ or older. Such distributions may be month of June! 2011. excluded from income and count toward satisfying any required minimum distributions A.W. Tax rates (RMDs) that you would otherwise have to The same federal income tax rates that applied receive from your IRA in 2011. in 2010 continue to apply in 2011 and 2012 Depreciation and IRC Section 179 expensing: If (depending on your taxable income, you'll fall you're a business owner or self-employed into either the 10%, 15%, 25%, 28%, 33%, or individual, you're allowed a first-year 35% rate bracket). And, as in 2010, long-term depreciation deduction of 100% of the cost of capital gains and qualifying dividends in 2011 June 2011 qualifying property acquired and placed in and 2012 continue to be taxed at a maximum service during 2011 (the "bonus" first-year Mid-Year Tax Considerations rate of 15%; if you're in the 10% or 15% additional depreciation deduction will drop to marginal income tax brackets, a special 0% Life Insurance Policy Loans: Tax and 50% for property acquired and placed in service rate will generally apply. So, unlike this time last Other Implications during 2012). For 2011, the maximum amount year, you don't have to contend with the that can be expensed under IRC Section 179 is Deciphering Health Savings Vehicles uncertainty of not knowing what next year's tax $500,000, but in 2012 the limit will drop to rates will be. What is a funeral trust? $125,000. That consistency, however, does not apply to the alternative minimum tax (AMT)--essentially a parallel federal income tax system, with its Page 1 of 4, see disclaimer on final page
  • 2. Life Insurance Policy Loans: Tax and Other Implications As the owner of a life insurance policy, you can of disability, or as part of a series of generally borrow the policy's cash surrender substantially equal periodic payments. value and use the proceeds for any purpose. Example(s): You have a MEC with a cash Before you take a policy loan, be sure you surrender value of $100,000. You have paid understand the implications of the loan on the premiums of $50,000. You take a policy loan for policy itself as well as any tax implications, now $60,000. The first $50,000 ($100,000 cash and in the future. surrender value - $50,000 investment in the Effect of policy loan on policy contract) of the loan is taxable income to you. You can generally borrow an amount up to the Lapse or surrender of policy policy's cash surrender value (less an An outstanding loan is generally treated as an adjustment for interest) from the insurer. The amount received if a policy lapses or is What is a MEC? insurer will charge you interest on the loan. surrendered and may result in taxable income. Generally, interest is not actually paid, but is A policy can lapse if premiums are not paid and A life insurance policy purchased after June 20, added to the amount of the loan. Interest the policy terminates when any policy benefits 1988, is a modified charged on a policy loan is not generally are exhausted as a result. Also, as noted endowment contract if the deductible for income tax purposes. There above, if the amount borrowed plus interest accumulated premiums paid could be other adjustments as well under the ever equals or exceeds the cash surrender at any time during the first contract; for example, a participating policy may value, the policy can terminate if additional seven years exceed the sum restrict the payment of dividends to you while a of the net level premiums amounts are not paid into the life insurance loan is outstanding. policy. You can cash in a policy by surrendering for a policy that would be paid up after seven years. A You are not required to repay a life insurance the policy to the insurer in return for the policy's single premium policy is policy loan. But you can generally repay a life cash surrender value (as reduced by the one example of a modified insurance policy loan at any time while the amount of the loan plus interest). endowment contract. (Your insured is alive. If you do not repay the loan, life insurance company or If you surrender your policy to the life insurance the cash surrender value paid to you or the company or the policy lapses, any gain realized life insurance agent can tell policy proceeds at death will be reduced by the you if a policy is a modified is taxable at ordinary income tax rates. The amount of the loan (plus interest). Thus, a loan gain is the excess of the amount you receive endowment contract.) generally reduces life insurance protection. over the net premium cost. The net premium If the amount borrowed plus interest ever cost is the total premiums you paid less any equals or exceeds the cash surrender value, tax-free distributions received. An outstanding the policy can terminate if additional amounts loan is generally treated as an amount received are not paid into the life insurance policy. Life if a policy is surrendered or lapsed and may insurance protection could be lost. result in taxable income. If you have any incidents of ownership in a life Example(s): You have a life insurance policy insurance policy on your life, proceeds paid at with a cash surrender value of $200,000. You death are includable in your gross estate for have paid premiums of $75,000. You also have federal estate tax purposes. The right to obtain an outstanding policy loan of $175,000. There a policy loan is an incident of ownership. have been no distributions from the policy. You Generally, life insurance proceeds received at surrender the policy to the insurer for $25,000 death by your beneficiary are received income cash. You have taxable ordinary income of tax free. $125,000 ($25,000 cash + $175,000 loan - $75,000 premiums). If you have not prepared Taxation of policy loan for it, it may come as quite a shock. You can borrow against your life insurance Example(s): You have a life insurance policy policy, and the loan proceeds are generally not with a cash surrender value of $200,000. You taxable to you (unless the policy is a modified have paid premiums of $75,000. You also have endowment contract (MEC), see sidebar). an outstanding policy loan of $200,000. There A loan from a MEC is treated as a distribution have been no distributions from the policy. The from the MEC. A distribution from a MEC is policy lapses. You have taxable ordinary subject to the income-out-first rule. As amounts income of $125,000 ($200,000 loan - $75,000 are distributed, they are treated as consisting of premiums). Once again, if you have not taxable income to the extent that they do not prepared for it, it may come as quite a shock. exceed the excess of the cash surrender value of the policy over the investment in the contract (generally, premiums paid less tax-free distributions). The taxable income will also be subject to a 10% penalty tax unless the distribution is made after age 59½, on account Page 2 of 4, see disclaimer on final page
  • 3. Deciphering Health Savings Vehicles Health savings accounts (HSAs), Archer FSAs medical savings accounts (MSAs), health If you don't participate in an HDHP, you still can reimbursement arrangements (HRAs), and set money aside for uninsured medical flexible spending arrangements (FSAs) are all expenses through an employer-established personal health accounts that may help you FSA. Unlike an HSA, you must be an employee control your health-care costs. But trying to of the employer providing the FSA in order to figure out what's what can be confusing. Here's participate (self-employed persons are not a brief description of each type of account, eligible and certain limitations may apply if you including some of their major features and are a highly compensated participant or key benefits. employee). Pretax contributions can be made MSAs/HSAs by either you, your employer, or both of you As of January 1, 2008, the MSA program (except employer contributions used to pay Beginning January 1, 2011, for HSA, MSA, FSA, and expired and no new MSAs can be established, long-term care premiums must be included in although if you already participate in an MSA, income). You determine how much money you HRA programs, a drug or medicine is considered a you can continue to receive contributions. want deposited each year up to the plan's qualified medical expense HSAs have generally taken the place of MSAs maximum dollar amount or percentage of only if it is obtained with a because of their greater flexibility and options. compensation; funds in the account are not prescription, or is insulin. In fact, in most instances you can roll over an subject to tax; and distributions are tax free if existing MSA into an HSA. MSAs and HSAs are used to pay for qualified, unreimbursed medical set up in a trust account with a financial entity. expenses you've incurred (no advance Contributions made through your employer are payments for anticipated expenses). Unlike pretax dollars (or you can contribute to the HSAs, if you leave your employer, you can't account directly and deduct the contribution), keep the money in the account or take it with no tax is due on funds in the account, or on any you to another employer (it's not portable). earnings until withdrawn, and if funds are used Also, what you don't spend on medical for qualified medical expenses, the withdrawals expenses by the end of the plan year is are not taxed. However, account withdrawals forfeited and not available the following year that aren't used for qualified medical expenses (i.e., you must use it or lose it). are subject to a tax penalty of 20%, in addition HRAs to regular income tax. Your account is portable, Like FSAs, HRAs are only available to meaning if you change employers or leave the employees, not to self-employed individuals. workforce, you can keep the account. To be Effective January 1, 2013, And HRAs must be funded solely by an eligible, you must be insured by a high contributions to a flexible employer; you can't contribute directly to the spending account will be deductible health plan (HDHP) that you account. The terms of the HRA are generally limited to $2,500 per year, maintain (if self-employed) or that's provided determined by the employer. For example, your increased annually by through your employer. employer's plan may or may not require you to cost-of-living adjustments. However, there are also differences between have health insurance in order to participate. MSAs and HSAs. Generally, anyone with an The plan sets the maximum amount of HDHP can participate in an HSA. But to qualify contributions, and determines whether a credit for an MSA, you must have been either an balance in the account can be rolled over from employee of a company that employs 50 or year to year, and if so, how much of the fewer people, or be self-employed (or the account can be rolled over. But contributions spouse of such an employee or self-employed and reimbursements for qualified medical person). With an HSA, contributions can be expenses are tax free. Reimbursements can be made by you, your employer, or anyone else on made to current and former employees, your behalf within the same plan year. But MSA including spouses and dependents of contributions can only be made by either your employees and deceased employees. employer or yourself, but not both, in the same However, if the plan allows for any distribution plan year. Contribution amounts also differ. In to you or anyone else (e.g., spouse, dependent, 2011, maximum HSA contributions are limited estate at your death) for other than to $3,050 for single HDHP coverage and reimbursement for qualified medical expenses, $6,150 for family HDHP coverage. MSA then any distribution, whether for qualified contributions can be up to 75% (65% if you medical expenses or not, is included in gross participate in a self-only plan) of the annual income. deductible of your HDHP, but no more than your annual earnings from employment. Page 3 of 4, see disclaimer on final page
  • 4. Ask the Experts Abel Financial Strategies What is a funeral trust? Augustus W. Abel, CFP® A funeral trust is a contract right before entering the nursing home--there's Financial Advisor you enter into with a provider no "look-back" period for these transfers. 3775 Attucks Dr. of funeral or burial services. Another advantage of funding your trust with life Powell, OH 43065 Often, the trust is entered into insurance is that the trust will have no taxable directly with the funeral home, income to report, since life insurance cash phone (614) 389-2075 which may agree to "lock in" costs for future values grow tax deferred. Otherwise, income Cell (614) 499-1201 funeral or burial services at an agreed upon aw@awabelfinancial.com from trust assets may be taxed to you as the price. The funeral home sometimes serves as trustor (creator of the trust) unless the trustee www.awabelfinancial.com trustee (manager of trust assets), and you elects to treat the trust as a qualified funeral usually fund the trust with cash, bonds, or life trust by filing form 1041-QFT with the IRS, in insurance. A revocable funeral trust can be which case trust income is taxed to the trust. changed and revoked by you at any time. An irrevocable trust can't be changed or revoked, But what if you want to change funeral homes, Securities offered through First and you generally can't get your money out or the facility you selected goes out of Heartland Capital® , Inc. Member except to pay for funeral services. business? Does your irrevocable trust allow you FINRA/SIPC. Advisory Services to change beneficiaries (e.g., funeral homes)? offered through First Heartland® Irrevocable funeral trusts may also help you Are trust funds protected from creditors of the Consultants, Inc. (Abel Financial qualify for long-term care benefits through funeral home? States have laws regulating Strategies is not affiliated with First Medicaid. These trusts may be funded with prepaid funeral trusts that often require funeral Heartland Capital® , Inc.) assets that would otherwise be countable homes to keep trust assets separate from their resources for Medicaid. They are also often own business assets--keeping them safe from sold through insurance companies, in which funeral home creditors. And most irrevocable case they are typically funded with trusts are transferable to another funeral home single-premium whole life insurance. Trust should the initial business fail or you change assets, including life insurance death benefits, funeral homes. are not countable resources when trying to qualify for long-term care benefits through Medicaid. And you can fund the funeral trust What is a pet trust? A pet trust is a contract you Some of the instructions to consider for your use to provide for the care and pet trust include: provisions for food and diet, financial support of your pet daily routines, toys, medical care and grooming, upon your disability or death. how the trustee or caregiver is to document As the trustor (creator) of the expenditures for reimbursement, whether the trust, you fund the trust with property or cash trust will insure the caregiver for any injuries or that can be used to provide for the care and claims caused by your pet, and the disposition protection of your pet based on the instructions of your pet's remains. you lay out in the trust. You may also want to name a person or Your pet trust should name a trustee, who will organization to take your pet should your trust carry out your instructions for the care of your run out of funds. Also, consider naming a pet, including handling and disbursement of remainder beneficiary to receive any funds or trust funds and turning your pet over to the property remaining in the trust after your pet person or entity you designate to serve as your dies. pet's caregiver. A potential problem arises if your pet is As with most trusts, you can create your pet expected to live for more than 21 years after trust while you're alive (an inter vivos or living your death. That's because the "rule against trust) or at your death through your will (a perpetuities" forbids a trust from lasting beyond testamentary trust). In either case, you can a certain period of time, usually 21 years after generally change the terms of your pet trust at the death of an identified person. However, any time during your lifetime to accommodate almost every state has laws relating to pet changing circumstances. If you create an inter trusts that address this issue in particular and vivos trust, you can fund it with cash or property allow for the continued maintenance of the trust either during your life or at your death through even if its terms would otherwise violate the your will. A testamentary trust is only funded rule. after you die. Page 4 of 4 Prepared by Forefield Inc. Copyright 2011