CEO of National Pension Partners and Northeastern University, Boston
Transcription
CEO of National Pension Partners and Northeastern University, Boston
Nick Paleveda MBA, J.D., LL.M CEO of National Pension Partners and Adjunct Professor of the Graduate Tax Program Northeastern University, Boston Why the recession is coming! By Nick Paleveda MBA J.D. LL.M CEO National Pension Partners. Last month I predicted a recession is coming the day after the deal was sealed in the “other Washington”. Shortly thereafter the stock market went into cardiac arrest and the pundits predicted the probability of a recession at 1/3 or 50% or …whatever. No one gave a good analysis or reason. Now, I will explain why this is an easy call. Look at “Game Theory”. If you ever play Monopoly, the banker generally gives you $200.00 every time you pass go. This allows the players to remain in the game (at least for a while) buying houses and paying rent. Now play the game where the banker does not give you $200.00 but takes away $200.00 every time you pass go. Notice how more bankruptcies occur, notice how many people are “out of the game” (unemployed) very quickly. When our friends in the other Washington decided to remove 1 trillion from the game (soon to be followed by another 1.5 trillion) what do you think will happen? Capitalism is reward by “profits” not losses, no matter how artificial they may be as inflation may take away the “real profits”. When you remove capital, well it is like removing blood from your system creating stock market cardiac arrest! Or you decide you are too fat and go on a diet and do not eat anything for one day now two now three-well you are losing weight but … Game theory is the “best” as in many cases games are a microcosm of our economy. A shrinking money supply keeps profits down, increases potential for losses, increases bankruptcies all in due time. Play Monopoly with different rules! Take money out and see what happens! The Banker needs to be responsible and keep the money supply moving. Today, the Banker is the “tea party” and is taking money out because the banker does not want deficits or debts. The banker also wants to ignore other ways to handle the debt which will be the subject of next month’s Pension News! The opinions expressed are only the authors and not the opinions of National Pension Partners, it affiliates or Northeastern University. Tax Trivia For a $5.00 Starbucks Card Q – This law school did a study of 219 court cases and concluded: “Courts upheld agency interpretations 76.26% of the cases studied” - Name this law school. e-mail the answer to nick@nationalpensions.com (limit first 10 correct responses) Congratulations to last month’s winners: 1. George Cicotte J.D. 2. Philip Garnett CPA 4. Joseph Reisman 5. Don Wolfe CPA 3. Darlene Plumley CPA The answer was:- Veba Rules were first written in 1928! __________________________________________________________________________________________________ Tax Planning Strategies with Defined Benefit Plans Sponsored by the Washington Society of CPAS Length: 4 hours CPE Credits: 4 Course Level: Update Field of Study1: Tax OBJECTIVE: The workshop will highlight how to structure the retirement plans for medical doctors and other professionals using “cross testing” to allow them to contribute more for their retirement plans without driving up employee cost. A special segment on deferring income taxes on small practice sales using a pension plan. DATES: August17, 2011 September, 16, 2011 October 19, 2011 November 4, 2011 December 2, 2011 December 7, 2011 9:00am PDT 9:00am PDT 9:00am PDT 9:00am PDT 9:00am PDT 9:00am PDT FACULTY: Nick Paleveda MBA. J.D., LL.M Adjunct Professor of the Graduate Tax Program Northeastern University, Boston __________________________________________________________________________________________ New York Society of CPAs - on the Internet Nick Paleveda MBA J.D. LL.M, Adjunct Professor - Graduate Tax Program, Northeastern University will be presenting “Tax Strategies Using Defined Benefit Plans” for the New York Society of CPAs For more information about the programs, contact The New York Society of CPAs. “Live at the University of Denver” “Section 401(k) and Cross-Testing Plans” • • • • • • • • Learn what a “Cross Tested” plan is. Estate planning strategies using “Cross Tested” plans. Income Tax Strategies using “Cross Tested” plans. Learn why you need to know about “Cross Tested” plans. How to use “Cross Tested” plans to transition a business on a tax favored basis. Learn how “Cross Tested” plans can save business owners thousands of dollars in taxes. Learn how a “Cross Tested” plan can reduce employee retirement cost. Learn about the secrets of these plans that can be used for estate planning and income tax planning. By Nick Paleveda MBA J.D. LL.M, Adjunct Professor Graduate Tax Program, Northeastern University. This is a live presentation at the University of Denver, Rickerson Law building on: Monday, October 31, 2011, 1:00-4:30p.m. CPE and CLE Credits available. To register - contact the University of Denver Graduate Tax Program ask for Linda Browning at 303-871-6243 SENIOR PENSION CONSULTANTS SENIOR PENSION CONSULTANTS New York City Allan Corby CFP, CLU, REBC, SPC (917)576-6466 Gary Palomba, SPC (845)225-2536 Pietro Sabatino, QKA (917)833-2344 Ron Henley, IGM (917)460-3834 Joseph W. Tucciarone, CFP® (516)629-9043 Phoenix, AZ Anatol Prehar, MBA, SPC (602)249-6549 Joe Ballarino, CFP, CPhD, SPC (480)421-0939 Boston, MA. Tom Ruggiero CLU, ChFC, SPC (800)844-1842 Ken Martinelli, CLU, MBA, SPC Cheryl Villani, CEBS (603)345-6755 Raleigh-Durham, NC Mel Johnson, SPC (919)373-4185 Tampa-St. Petersburg, FL. Pat Sullivan, CFP, SPC (727)518-0051 Nick Paleveda MBA J.D. LL.M (360)733-1356 Boca Raton, FL. Barry Siegel, JD (866)573-3913 Houston, TX. Carla Cargle, SPC(832)541-7470 Minneapolis, MN. Roy Bredholt, Jr. CFP, SPC (952) 476 2003 Portland, Or. Bruce Porter, SPC. Denver, CO Dan Flanscha, CFP, SPC (971)461-0808 Salt Lake City, UT Max Coulliette, CFP, ChFC, SPC (801)676-1500 Terry Rushton, CPA, MBA, SPC (808)707-7821 William Menghi, PC (801)676-1515 Grand Rapids, MI Kevin DeVries, SPC (616)285-5437 Michael DeVries, SPC (616)285-5437 Glenn Hargrove, SPC (616)285-5437 Seattle/Bellingham Nick Paleveda, MBA, JD, LL.M (360)733-1356 Peter Pearce, SPC (360)305-0927 Jeff Ashmore, PC (360)733-1356 Nashville, TN. Pat Sullivan, CFP, SPC (727)518-0051 Orlando, FL. Joseph Bilello, ChFC, SPC (407)331-7330 Dan McMonagle, ASA, EA, MAAA (503) 913-0338 San Francisco, CA. Sunny Wang, SPC (408)971-2060 x2009 San Mateo, CA Bill Huang, SPC (650)357-9750 x104 San Diego, CA. Tony Parsons, SPC (619)316-4188 Cincinnati, Ohio Timothy P. Murray CLU, ChFC, SPC (513)376-7100 Detroit Michigan Jeremy Goldstein CLU, ChFC, SPC (248) 585-1900 Barrington, IL John Vogel, CLU, ChFC, CRC, AIF (847) 304-1869 5 Facts about the IRS and Mortgage Debt Forgiveness Mark J. Kohler, J.D., CPA, Attorney at Law If your mortgage debt is partially or entirely forgiven during tax years 2007 through 2012, you may be receiving a 1099-C in the mail. Regrettably, this is a phone call from my clients I have to field on a regular basis and they are oftentimes terrified that now after going through the nightmare of home foreclosure or short-sale, they may now be paying tax on ‘debt forgiveness’. However, not all is lost, you may be able to claim special tax relief and exclude the debt forgiven from your income. Here are 5 facts the IRS wants you to know about Mortgage Debt Forgiveness. 1. What is a 1099-C. If you had debt forgiven or eliminated during the past year, normally you will receive a year-end statement, Form 1099-C, Cancellation of Debt, from your lender. By law, this form must show the amount of debt forgiven and the fair market value of any property foreclosed. Generally debt forgiveness results in taxable income that must be claimed on your tax return. Mark J. Kohler is an attorney, certified public accountant, entrepreneur, and author of “What Your CPA Isn’t Telling You”: “Life-Changing Tax Strategies” (Entrepreneur Press) and “Lawyers are Liars”: “The Truth about Protecting Our Assets” (Life’s Plan Publishing). Kohler’s principal career has been as a partner in the accounting firm Kohler & Eyre CPAs, LLP, and the law firm Kyler, Kohler, Ostermiller, & Sorensen, LLP, where he specializes in the areas of business, estate and tax planning. He is a personal and small business tax and legal expert, who helps clients build and protect wealth through wealth management strategies, and business and tax remedies often overlooked in this challenging, ever-changing economic climate. A well regarded speaker on this topic, his seminars have helped tens of thousands of individuals and small business owners navigate the maze of legal, regulatory and financial laws to greater success and wealth. Kohler is a contributing writer to Entrepreneur.com as well as the host of weekly internet radio show, The Mark Kohler Show, which can be accessed at: www.blogtalkradio.com/kkolawyers Mark is a proud father of four beautiful children and husband to his lovely wife. They reside in Orange County, California. To learn more about Mark, visit www.markjkohler.com 2. Primary Residence. Under the Mortgage Forgiveness Debt Relief Act of 2007, you can exclude up to $2 million of debt forgiven IF it was to purchase your principal residence. The limit is $1 million for a married person filing a separate return. Also, you may exclude debt reduced through mortgage restructuring, as well as mortgage debt forgiven in a foreclosure. To qualify, the debt must have been used to buy, build or substantially improve your principal residence and be secured by that residence. 3. Refinanced Debt. Refinanced debt may or may not be taxable, it depends on what the money was used for. Proceeds used for the purpose of substantially improving your principal residence will qualify for the exclusion. However, proceeds of refinanced debt used for other purposes – for example, to pay off credit card debt or buy a rental property will not qualify for the exclusion. 4. Second homes and Rental Property. Debt forgiven on second homes, rental property, business property, credit cards or car loans do not qualify for the tax relief provision under the Mortgage Forgiveness Debt Relief Act of 2007. However, in some cases, other tax relief provisions – such as showing insolvency or claiming bankruptcy may allow a taxpayer to avoid claiming the debt forgiveness as income. . 5. Obtaining the Exclusion. If you qualify, to claim the special exclusion a taxpayer must file Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness, and attach it to their federal income tax return for the tax year in which the qualified debt was forgiven. IRS Form 982 provides more details about these provisions. As you can imagine, this is not something to trifle with and this may not be the year to try and do your tax return yourself. Examine the Form 1099-C carefully. Notify the lender immediately if any of the information shown is incorrect. You should pay particular attention to the amount of debt forgiven in Box 2 as well as the value listed for your home in Box 7. Most importantly, retain a CPA that understands this issue to assist you in the preparation of your tax return. Remember, this too will pass. What doesn’t kill you will make you stronger. Mark J. Kohler, CPA, Attorney at Law and Author of the Best Selling Book “Lawyers are Liars”- “The Truth about Protecting Your Assets” and his new book “What your CPA isn’t telling you”. For more information visit www.markjkohler.com . 4164 Meridian Street, Suite #208 Bellingham, WA 98226 (360) 733-1356 DB PENSION PLAN TIPS & TRAPS DB pension plan installation and DB pension plan maintenance can present problems for the unwary. This information on DB pension plans will help you avoid them. DB pension plan: Overview Tip: A DB pension plan is one in which the benefits are first “defined” and the annual employer contributions needed to provide these benefits are then determined. For a successful DB pension plan, each of the following five plan functions must be well executed: design, investments, administration and compliance, communication with employees and control of expenses. An actuary is crucial to the success of a DB pension plan. Trap: Employers are frequently unprepared for the demands that a DB pension plan can place on an organization. Among these are the necessity of making the annual contribution in a timely manner despite financial hardship, the complexity of DB pension plan administration and the difficulty in effectively communicating the plan to employees. DB pension plan: Design Tip: A DB plan must be carefully designed. To accomplish this, sophisticated actuarial calculations are required to determine a benefit formula that is consistent with the employer’s objective and budget. Trap: Poorly designed DB plans may not produce the benefits desired by the employer for the participants, necessitating plan redesign or termination. Moreover, once the benefit formula is determined, an annual contribution must be made by the employer to provide these benefits, despite financial difficulties. To avoid future problems, employers should insist on benefit projections and costs under various assumptions before a defined benefit pension plan is established. DB pension plan: Investment Tip: Plan investment options must be carefully established and monitored. Since benefits are ultimately provided from employer contributions and their investment earnings, the employer’s annual costs are reduced or increased by investment performance. Therefore, investments should not be overly aggressive; if a large loss occurs, contributions may require a dramatic increase. Employers need not worry as much about fiduciary liability with investment performance as in a defined contribution retirement plan. Trap: Fiduciary responsibilities should be fully understood by the employer prior to a DB pension plan’s establishment. Small DB plans are especially vulnerable to self-dealing between the employer and the plan. These are referred to as prohibited transactions and could lead to severe penalties from the Dept. of Labor. DB pension plan: Administration and Compliance Tip: DB pension plan administration and compliance requirements must be assigned and monitored. A TPA and actuary will often be needed for this function. A description of all necessary services should be indicated by the DB plan provider when the plan is established. Controls are needed to ensure that the data used to calculate participants’ benefits are accurate. If these controls are not properly maintained, mistakes could easily occur and, if serious enough, ultimately result in plan disqualification by the IRS. Trap: Distribution of a participants’ benefits based on incorrect data, delay in making the required employer annual contribution even a few days past the due date and the “overfunding” or “underfunding” of a DB plan are examples of difficulties that can be encountered. Precautions should be taken to avoid such possibilities. DB pension plan: Communication with Employees Tip: Employees are frequently unaware of how benefits are accrued in a DB pension plan. Care should be taken to ensure they understand the plan’s benefit formula as well as possible. Poor understanding of the plan’s benefits by employees could jeopardize the desire of employers to continue the plan. The DB pension plan should be explained to employees before it is adopted. Trap: Employers should be especially careful with all communication material containing benefit calculations. Annual employee benefit statements should be reviewed for reasonableness before they are released; at the very least, the data used should be verified. DB pension plan: Expenses Tip: DB pension plan expenses can arise from any of the four areas mentioned above. Employers should be cognizant of all fees when the plan is established and make provision for their periodic review. Trap: DB pension plan fees are often high because of sophisticated actuarial work; however, failure to use sufficient actuarial services may cause problems and result in unnecessary costs. DB pension plan further assistance If you are considering a defined benefit pension plan but have questions or need assistance, please complete our short form. We will reply promptly. If you already have a DB pension plan and would like complimentary evaluation, please complete one short review questionnaire. - Plan Design Review - Plan Investment Review - Plan Administration and Compliance Review Phone: (360) 733-1356 Fax: (360) 756-9033 | 4164 Meridian Street, Suite #208 Bellingham, WA 98226 | http://www.nat