Posts Tagged ‘IRA’

Don’t forget your Beneficiary Designations!

Thursday, August 19th, 2010

The IRS recently issued a ruling that illustrates the importance of designating a beneficiary for an individual retirement account (“IRA”).  Generally, tax deferral is available if you designate a beneficiary on your account before you die.  If the account does not have a  designated beneficiary, however, it must be fully distributed within five years after death. 

If you die before distributions begin from your account (before you turn 70 1/2) and the account has a designated beneficiary, the balance of the account can generally be distributed over the designated beneficiary’s lifetime using his or her life expectancy as set forth in IRS tables.  Many times, this is referred to as a “stretch IRA.”   

If you are over 70 1/2 and have started receiving your minimum distributions, distributions continue to be made over your remaining life expectancy IF you have NOT designated a beneficiary.  If the account has a designated beneficiary, though, distributions can be made over your remaining life expectancy or the life expectancy of the designated beneficiary, whichever is longer.  For example, if you name your child as your beneficiary, she can use her life expectancy calculation to receive distributions.  If you named your father instead, he would use your life expectancy calculation.  Should you name more than one beneficiary on your IRA, then the age of the oldest beneficiary is used to determine the distributions. 

Normally, tax advisors recommend that their clients name individuals as beneficiaries of IRAs in order to stretch out distributions.  What happens, though, if you have minor child who would be your beneficiary?  You might not want to name him as beneficiary, but rather a trust for his benefit.   In that regard, distributions would need to paid out over a five year period, unless the trust included so called ”look through” provisions.  What this means is that we could look through the trust and at the beneficiary of the trust to use his or her life expectancy to stretch out those distributions. 

Since this is a very technical matter, it is important to communicate with your advisory team on your wishes for your family so that your estate planning documents and your beneficiary designations are properly coordinated.  If you have any questions or want to discuss these matters, you’re always welcome to contact our office.

Asset Protection 101

Saturday, March 27th, 2010

Not a day goes by that I don’t get a call about asset protection.  While some states extend some form of creditor protection to its residents, Florida law affords its residents a significant level of protection.  Individuals should be aware that, in order to benefit from some aspects of creditor protection, affirmative steps may need to be taken PRIOR to financial or creditor concerns. 

Here are some of the basics:

Florida  exempts real property classified as homestead property from claims of creditors.  An individual must meet certain requirements and must take certain steps to qualify a home as a homestead property.  For example, you must intend to permanently reside in Florida, have legal or beneficial title in equity to the real property on January 1, reside on that property and make the property your permanent residence.

Florida law also provides that life insurance proceeds pass to the exclusive benefit of a beneficiary and are exempt from creditor claims of the insured, unless the insurance policy has been pledged as collateral.

Florida Statues exempt cash surrender value of life insurance policies that insure the life of a Florida resident, as well as, the proceeds of an annuity contract issued to a Florida resident.

Retirement benefits, such as qualified retirement plans and IRAs, are generally exempt from creditor claims of the beneficiary and the participant.  Florida Statues further provide that assets placed in a medical savings plan, college trust fund account, or 529 Plans also protected from creditor claims.

Finally, ownership of assets by spouses as “tenants by the entirety” is also protected.  Creditors of either the husband or a wife cannot reach these assets.  In Florida, in order for creditors to attach property held as tenants by the entirety, the creditor must be a creditor of both the husband and the wife. 

Charitable Gifts from IRAs

Monday, November 30th, 2009

In 2008, Congress enacted into law a bill that permitted individuals over age 70 1/2 to direct up to $100,000 from their IRAs to charities rather than take that sum into taxable income and thereafter itemize the charitable gift(s).  Some folks call this a “Charitable IRA roll-over”, which is a bit of a misnomer since charities cannot roll-over IRAs.  This law was extended through December 31, 2009.  This idea is particularly attractive for high income taxpayers whose deductions get phased out as their incomes increase.

Also last year, due to significant declines in investment accounts, required minimum distributions from IRAs were suspended, which might allow for those accounts to rebound a bit.  This suspension was also carried over to include distributions in 2009.  This does not mean that you cannot take money from IRAs – you just won’t be required to do so if you don’t need the money.  

Our friends at WEDU, a Tampa-based public television station, passed along news that the House of Representatives may vote as early as next week to further extend the Charitable IRA roll-over law through 2010.  This makes great sense, since charitable gifts this year are down substantially for obvious reasons.  Plus, who would take money out of their IRAs if they do not have to? 

If you want to make gifts to charity this year, consider one of the following tax-efficient options: (i) gift appreciated assets, or (ii) sell a capital asset that has a current fair market value that is less than its cost basis (a “loss” asset) and thereafter gift cash.  In the former case, you won’t have to recognize capital gains nor will your charity.  In the latter case, you can recognize your loss against capital gains and, if applicable, up to $3,000 against ordinary income.

You only have 4 weeks left to make your 2009 charitable gifts; be smart about which bucket you make them from!  We are happy to discuss these tax planning scenarios with you – we are only a phone call away.