• Skip to primary navigation
  • Skip to content

CMHC Wealth Advisors

Creating Wealth from the "Inside-Out"

  • About
  • Services
  • Finance
  • Business Planning
  • Estate Planning
  • Retirement Planning
  • W.O.W. Index
  • Contact Us
You are here: Home / Home

Opportunities to Increase Your Charitable Gift

March 3, 2011 by admin Leave a Comment

If you are among the many people who would like to make a sizable contribution to the charitable organization of your choice, there is a way to do so at reasonable cost.  Through life insurance, an individual or family can donate what may potentially become many times the value of their contribution.

A life insurance policy can transform a small giver into a substantial donor.  This can be accomplished in several ways.  One way is to consider the purchase of a life insurance policy and donate it outright to charity.  Depending on your age, a few hundred dollars a year in premiums could potentially return tens of thousands of dollars to the charity after your death, provided the insurance policy is kept in force.

In addition to leveraging a smaller contribution into a larger one, there may be other substantial advantages to donating life insurance.  For the donor, there may be possible tax benefits.  If the gift is properly structured* and you itemized deductions, you generally may receive a current federal income tax deduction for the charitable gift equal to the lesser of your basis in the policy or its fair market value.  An outright gift of life insurance to a charity is typically not subject to gift tax and may carry estate tax benefits as well.  Further, since a gift of life insurance is self-executing, it does not require rewriting your will.  The proceeds of the policy will be paid directly and immediately to the charitable beneficiary and are not subject to probate.

For the charity, there are also benefits beyond the value of the contribution.  An outright gift allows the charity, depending on the type of policy, to receive any policy dividends (this applies only to participating whole life policies and, of course, dividends are not guaranteed), and gives access to the policy’s loan and cash value.

Another option is to buy a life insurance policy and name the charity the beneficiary.  In this case,

You would not receive an income tax deduction, since you still maintain an interest in the policy.  However, your estate would generally be entitled to an estate tax deduction when the death benefit is paid to the charity.  The charity still benefits from the leverage effect, since the death benefit has the potential of being many times greater than the amount you paid in premiums.

Still another option is to donate an existing policy to the charity.  Donating a fully-paid up policy to charity, would entitle you to an income tax deduction of the lower of the premiums they paid over the life of the policy or the cost of a replacement policy, if purchased today.

In the case of uninsurability, you can purchase life insurance for a child or other loved one and donated that policy to the charity.  The younger the age when the policy is bought the greater the potential return in death benefits.  The potential return on this policy could be as much as 50 times its cost, depending upon when the insured dies.  In fact, some families choose to spread out their gifts over many years by donating some funds now, donating insurance on their own lives and donating insurance on their children’s lives.  In this way, they have the pleasure of knowing that their family will be contributing to the charity for many years to come.

A Gift That Can Be Counted On

For the charity, the use of life insurance as a gift can offer significant benefits.  Not only is the amount of your donation potentially multiplied, but as a planned gift, it can be included in the future calculations of the value of the endowment.   Planned gifts are especially valued as they help assure a source of future income and encourage others to give.

Filed Under: Finance

Estate Planning: Ensuring Your Legacy

February 3, 2011 by admin 1 Comment

Deciding how you want to be remembered after you’re gone can be one of the most important decisions you make. Do you want your legacy to be judged by your entire life or by a bitter legal battle over your assets? People often avoid the issue of death, but in the case of estate planning, it’s really about focusing on life. You’re no doubt proud of your accomplishments in life, no matter what they may be. Your children, your career or your impact on others lives – these are the types of things that should be remembered. Estate planning remains one of the ways you can protect yourself and your loved ones after you’re gone. With the proper techniques and planning, you can help ensure that you’re remembered for the impact you had on your community and your world. In the event of an accident or other medical emergencies, you should be prepared. In addition to a medical power of attorney and a living will, which spell out what medical treatments you wish to have in the event of an emergency and who will speak for you, you should prepare a will and a financial power of attorney. These financial documents will save your family from much of the heartache and hurt feelings that goes with dividing up estates and making financial decisions. While most Americans are familiar with wills, many still do not have them. Wills can be as complex or as simple as you wish and can directly spell out who you want to receive your assets after your death. As part of creating your will, you will choose an executor, the person who will ensure the stipulations of your will are carried out. Your executor should be financially savvy and have the energy and ability to carry out your wishes. A family member isn’t always the best choice, and you may want to consult with your financial professional on appropriate alternatives. A financial power of attorney grants the responsibility for the financial decisions regarding your estate. You choose who you designate as your representative Your financial power of attorney can also be your medical power of attorney, but it doesn’t have to be. In many cases, your spouse is both, however, it’s important to name a back-up, in case your spouse is also injured or passes away. Wills and a financial power of attorney, along with a living-will and a medical power of attorney, make up the four basic documents and preparations of estate planning. They are, however, only a few of the many options you have when it comes to deciding what your legacy will be. Trusts, insurance and other options exist, as well as several other tax strategies that can be utilized in your estate. Your financial professional can help in planning the entire process.

Filed Under: Estate Planning

Wealth Management ‘ How Wills and Trusts Can Help

February 3, 2011 by admin Leave a Comment

Creating a Trust is a safe and secure way of managing your estate so that it is distributed accordingly when you die. A Trust is however a flexible arrangement that relies on the decisions of those whom you trust to deal with your estate in a manner that you would agree to.

A Trust is normally created for larger assets such as property, business or sizeable investment portfolios. The role of the Trustee is not to control or use the assets, rather to ensure that the best possible value is realized and is thus passed along to the beneficiaries at the appropriate time. It may be the case that it is not profitable for assets to be passed immediately to the beneficiaries. Or there may even be a group of potential beneficiaries and the trustee will need time in order to establish who is the most deserving.

A certain amount of tax planning can be done when making a Trust. Tax planning is a crucial way of preserving your wealth for your beneficiaries and getting the best out of your assets when you die. An experienced tax & probate solicitor will be able to advise you on what legitimate methods to use in managing your wealth that will protect it from the effects of income, capital gains and inheritance tax.

The Importance of Making a Will
Changes in society have meant that people’s families are larger and more diverse then ever before. To avoid any complication and confusion a Will should be drafted which deals with all the assets in your estate when you die. A shockingly high percentage of people in the UK still do not have a Will – most research indicates that well over 70% of people without a current up-to-date will. Dying without a will means that your estate will be subject to the intestacy rules and where the deceased’s family cannot be located assets are still referred back to the Crown. Further to this, if your Will is badly drafted for example a DIY Will and it is also not updated, it may leave your estate open to inheritance claims or disputes over your Will.

The consequences of not having a Will can effect those whom you would assume would benefit from your estate, but legally do not i.e. unmarried partners. Conversely you may wish for your estate to only go to your children not your newly married spouse, but they would take half of the estate when you die without a Will.

Your Will should be drafted by a specialist probate solicitor and then should be kept updated on a yearly to two yearly basis. This will enable your solicitor to update your will in line with any changes in tax legislation or the law in general. Not only this, but your circumstances may have changed over time and who you would want to benefit from your Will may differ. Not only this, but your financial status changes over time which should be shown in the Will.

A solicitor will have drafted your Will in such as way that when it comes to winding up your estate, your beneficiaries will get the best return they can. In light of the increasing property prices and decreasing tax thresholds a well drafted Will could help prevent them from paying unnecessary inheritance tax.

Filed Under: Estate Planning

Surviving the Loss of a Loved One

February 3, 2011 by admin Leave a Comment

One of the most trying experiences in a person’s life is the loss of a loved one.  During the grieving process, you may also feel stress associated with needing to make many important financial decisions.  In order to feel secure, you need to know that your loved one’s affairs will be properly managed.  You will make many serious decisions, which may have a lasting impact on your financial situation.

One unpredictable aspect of sudden loss is that you never know you will react to events until they actually occur.  No one can ever be completely prepared to deal with personal trauma compounded by legal and financial concerns, but there are steps you can take to help you find your way through this difficult period.  During this time, maintaining structure in your life is essential as you face increased responsibilities.

Estate Fundamentals

There are many aspects of handling the financial affairs of the decreased, and among the most important is settling his or her estate.  Almost immediately, there will be matters requiring attention, among them: notification of family and friends, as well as funeral arrangements.  Let your family, closest friends, and most trusted advisors help you with some of these details and short-term decisions, but proceed with caution regarding major financial decisions.  It’s best to contact an attorney to review the will and handle the legal aspects of your loved one’s estate.

A will typically provides guidance for asset distributions and may also appoint an estate executor, as well as guardians for minor children.  A probate court determines the validity of a will and ensures that it is faithfully executed according to your loved one’s wishes.  Certain property transfers occur outside a will, for example, assets such as retirement accounts, property in trust, or jointly owned property.  These assets will pass to the designated beneficiaries (if any), avoiding probate.

Depending on the size of your loved one’s estate, federal estate taxes may be due.  Transfers to beneficiaries other than a spouse that exceed the federal estate tax exemption are subject to estate tax.  An unlimited amount may be transferred to a spouse free of federal estate tax.  Qualified legal and tax professionals can offer specific guidance.

As you tie up loose ends, another important step will be to notify the appropriate insurance companies (life, home, auto, health etc.) of your loved one’s death.  Beneficiaries of life insurance policies will receive death benefits income tax free and, in the event of accidental death, a policy may provide additional benefits.

For heath insurance purposes, if you were covered under your loved one’s group employer plan, you will need to determine what your current and future benefits are.  You may need to secure coverage through your own employer, purchase private insurance, or determine whether or not you, and perhaps your family, qualify for COBRA benefits.  In certain instances, COBRA, which refers to Consolidated Omnibus Reconciliation Act, provides for continued health insurance coverage for those who meet certain requirements, such as former employees and their families.

Organization will help this difficult planning process go as smoothly as possible.  Gather all documents regarding your loved one’s assets, including property deeds, titles, insurance policies, and information for investment, savings, and retirement accounts.  Financial and investment institutions often require a death certificate before they transfer assets to named beneficiaries.  Other important items to find include a marriage license, birth certificate, and Social Security card.  If you are eligible, you will need to file a claim to receive Social Security benefits.

Planning for the Future

During this transitional period, you may face competing demands on your financial resources.  If your loved one was the primary breadwinner in your family, it may take some time to assess your financial situation.  During the first few months pay bills that need to be paid, but spend cautiously and pay attention to cash flow and liquidity.

As you take things one step at a time, certain deadlines (e.g. timely filing of tax returns) must be considered.  Allow yourself to take things as slowly as you can.  Your goal should be to develop a sense of command and control concerning financial matters.  Align yourself with financial professionals who will have the patience to work with you and your pace, professionals who will help you gain the knowledge and confidence to take the necessary steps.

As you can see, the earlier you begin to educate yourself concerning financial matters, the better prepared you will be to withstand the impact of facing sudden loss.  Your family’s quality of life may depend on your financial skills and your willingness to take responsibility for significant financial decisions.  With time and planning, things will begin to improve.

Filed Under: Estate Planning

Over 300 Life Insurance Articles: How Much? What Kind? And Why?

February 3, 2011 by admin Leave a Comment

Whether you own a business or are employed by one, you know that life insurance is an important part of your financial security equation. Some say it is a precaution that all families should take. I say that it is the most important precaution.

Lots of people – especially our lawyers and accountants – have opinions about what kinds of life insurance we should own. For example there’s universal life, whole life, term and a raft of policies that combine elements of them all.

Universal Life is a flexible-premium, adjustable benefit policy that accumulates account value. Maybe that suits you, your family, your savings patters etc.?

Some experts content that life insurance is protection against lost income– no more, no less. If that’s your opinion – and you know precisely how long that protection against a loss of income will last, maybe a term insurance policy is right for you.

Term was the original form of life insurance. It was conceived as protection for a specific term of time – like how long it would take for your ship to sail from England to New York and back. After you returned and were celebrating in the pub, well – you’d be on your own for that.

Whole life is so named because it’s designed to stay in force throughout your life. The idea was that you might get killed while you were flashing all the money you made on your last voyage to the thugs that hung out at the bars along the wharf and if you survived that, it would be time for your next voyage across the Atlantic.  Eventually the actuaries figured out a way to provide you with a level premium year after year and if you beat the odds and didn’t go down at sea, get

knocked off in a bar, run over by the fire brigade, or contract some dread disease – social or otherwise, they’d give you some, all, or more of your money back.

As you can see, life insurance is a risk management tool available to protect against loss of life, yours. Which life insurance should you own? Which is more or less expensive – how do you define expensive anyway – permanent or term?

Most people prefer permanent life insurance because it is intended to provide protection for your entire life, and experience teaches us that as we move through life – needs change but they never go away.  Life insurance to protect the young family morphs into insurance to pay the mortgage on your second home or to guarantee your son’s and daughter’s graduate school (in case they don’t make it in pro ball).

The need for life insurance continues as a way to guarantee your grandchildren’s education, which later becomes a need for life insurance to subsidize funds set aside for your retirement. And then there are all those pesky “final expenses” – paying for the things you committed yourself to, when you thought you would life forever.

With level premiums and the accumulation of cash values, whole life is a good choice for long-range goals. Don’t get me wrong I am not putting down term insurance. It gives you the protection you need immediately and cheaply (in terms of the money you spend for it today). It offers the most affordable protection for your family. And isn’t this why you buy life insurance in the first place?

Beyond term insurance, which you can buy for almost nothing online and permanent life insurance that, in my opinion, requires that you have a close personal relationship with a trained and experienced life insurance agent – there are all sorts of hybrids.

For example universal Life, a variation of Whole Life offering more flexibility while providing a permanent death benefit to those who depend on you.

Or variable universal life, a form of cash-value insurance with even greater flexibility over time.

So, depending on your needs you may choose a term, universal, variable universal, whole life or guaranteed issue life insurance policy.

With all these variations you will be able to find a combination of coverage’s that suits your personal circumstances.

Life insurance is a long-term commitment, but so are your responsibilities to your family and your business. Life insurance brings money TO your family and business so YOU can keep the promises you made.

Filed Under: Finance

Self Improvement Tips for Wealth Creation? Getting Rich Starts from Within

February 3, 2011 by admin Leave a Comment

Few people realize that getting rich does not just happen by using mathematical and business skills. There is definitely more to that in creating wealth.  If you want to get rich, you have to make changes. And the first changes you need to make will be those that focus on self-improvement.  Contentment sometimes represents the easy way out Sometimes people deliberately deceive themselves by feigning contentment in order to avoid working harder and taking more risks to go for what they really want. Don’t try to fake being contented when you’re not. If you want to dream, dream big. If you need to create goals for yourself, make them big

enough to incorporate what you want in life. It is okay to start with small steps, but plan goals out far enough to incorporate really big dreams, too, if they are what you want.

1.) Time is Gold

Many people have been taught this adage from day one, but a lot of people are unfortunately not able to appreciate it. Time is precious, and the truly wealthy don’t waste this precious commodity. Instead, they do their utmost to make the most out of their time. If you want to join them at the top, you need to adopt the same attitude.

2.) Get Your Priorities Straight

Decide what you think is most important; do you spend a day at the spa or attend Mandarin Chinese lessons? Create priorities that will help you create wealth. Be honest with yourself and decide which tasks are important and which ones are not. Then prioritize them so that you take care of the important ones first and which can wait if need be.

3.) Start Planning Ahead

Having clear-cut goals and priorities in life is necessary to help you create wealth, but these alone will not do the job. They will only help you if you go on to figure out the next step: As exactly how will you create wealth?

4.) The Only Failure in Life is Failing to Try

Life is complicated, as everyone knows, but don’t let that stop you from getting what you want, which in this case is to create wealth. Of course, you will likely encounter obstacles that may stop you from reaching your goal temporarily, but the only time you will truly fail is when you dont try at all. You also have to make sure that you try hard enough and that you keep trying even in the face of failure as long as it is feasible.

5.) Give and Take

Be prepared to both ask for favors and give something in return. If you are used to being self-reliant, that is great. But if you are determined to create a business, you need to understand that you will need to work in cooperation with others at least some of the time.

6.) Do not be Too Proud or Stubborn to Take Advice.

If the suggestions and advice offered by others have merit, then go ahead and give the advice a try. Never presume that you know everything or that you can’t learn from someone else. There will always be something new to learn. This lesson can not only help you get rich, but it can help you stay rich and become richer as well. It is important that you strive to improve how you think, speak, feel, and act, first and foremost. Once these changes have been implemented and have become habit, then concentrate on attaining external goals to reach your main objective of getting rich, and getting rich now!

Filed Under: Business Planning

Wealth Management ‘ How Wills And Trusts Can Help

February 3, 2011 by admin Leave a Comment

by: Tim Bishop

Creating a Trust is a safe and secure way of managing your estate so that it is distributed accordingly when you die. A Trust is however a flexible arrangement that relies on the decisions of those whom you trust to deal with your estate in a manner that you would agree to.

A Trust is normally created for larger assets such as property, business or sizeable investment portfolios. The role of the Trustee is not to control or use the assets, rather to ensure that the best possible value is realised and is thus passed along to the beneficiaries at the appropriate time. It may be the case that it is not profitable for assets to be passed immediately to the beneficiaries. Or there may even be a group of potential beneficiaries and the trustee will need time in order to establish who is the most deserving.

A certain amount of tax planning can be done when making a Trust. Tax planning is a crucial way of preserving your wealth for your beneficiaries and getting the best out of your assets when you die. An experienced tax & probate solicitor will be able to advise you on what legitimate methods to use in managing your wealth that will protect it from the effects of income, capital gains and inheritance tax.

The importance of making a Will

Changes in society have meant that people’s families are larger and more diverse then ever before. To avoid any complication and confusion a Will should be drafted which deals with all the assets in your estate when you die. A shockingly high percentage of people in the UK still do not have a Will – most research indicates that well over 70% of people without a current up-to-date will. Dying without a will means that your estate will be subject to the intestacy rules and where the deceased’s family cannot be located assets are still referred back to the Crown. Further to this, if your Will is badly drafted for example a DIY Will and it is also not updated, it may leave your estate open to inheritance claims or disputes over your Will.

The consequences of not having a Will can effect those whom you would assume would benefit from your estate, but legally do not i.e. unmarried partners. Conversely you may wish for your estate to only go to your children not your newly married spouse, but they would take half of the estate when you die without a Will.

Your Will should be drafted by a specialist probate solicitor and then should be kept updated on a yearly to two yearly basis. This will enable your solicitor to update your will in line with any changes in tax legislation or the law in general. Not only this, but your circumstances may have changed over time and who you would want to benefit from your Will may differ. Not only this, but your financial status changes over time which should be shown in the Will.

A solicitor will have drafted your Will in such as way that when it comes to winding up your estate, your beneficiaries will get the best return they can. In light of the increasing property prices and decreasing tax thresholds a well drafted Will could help prevent them from paying unnecessary inheritance tax.

Filed Under: Estate Planning

Why Poor People Can’t Get Rich

February 3, 2011 by admin Leave a Comment

The distribution of wealth is never equal, there is always someone with more and someone with less. They say that if you were to take all the wealth in the world and redistribute it equally amongst the world’s population that within a short while the top 20% will again control 80% of the wealth. So why do the rich get richer and the poor get poorer. The poor tend to think that the reason they are poor is because they aren’t rich. It sounds ludicrous when you read that sentence but that is exactly how many of them think. They say that if they had the resources and money at their disposal like the rich then they too would be rich. The irony of it all is that very thinking, that you need money to make money is the very reason they are poor.

Money is not a requirement to wealth. If that was the case then all the poor people in the world might as well resign now to their future of lack. We wouldn’t then hear about all those inspiring rags to riches story and how people overcame all odds to make it rich.

So if you don’t need money to become rich then why is it so hard for poor people to become rich. The simple fact is that the rich have a wealth consciousness that creates abundance and prosperity in their lives. Whereas the poor have a money lack consciousness about money and therefore keeps them shackled in lack and poverty.

If you are in a current financial position that looks more like the description of the poor than the rich then you need to start to make some changes. The most unproductive thing you can do is to keep doing what you did yesterday and hope today will produce a different result. Change your actions and thoughts and that will change your results. So how do you go about changing your results?

First you need to start to find out what the rich do that you don’t do. If you wanted to be able to play golf you would have a better chance of improving your game by learning from a PGA certified coach then you would asking your friend how is a weekend hacker scoring 30 over par. It’s the same thinking when it comes to changing your financial situation. Learn from someone who is already rich rather than trying to learn from your friends and family who themselves are just barely keeping their heads above water. At the end of the day everyone is willing to give out free advice, but sometimes free advice if followed can be the most costly of them all. If you don’t have people around you who are financially independent then go out and buy books of authors, go to seminars or ask around your circle of friends for recommendation. Start to take in the advice from people who can actually get you to where you want to go because they themselves have seen what the finish line looks like.

Filed Under: Finance

Executive Benefits for Key Employees

February 3, 2011 by admin Leave a Comment

An important tool in retaining employees is a quality benefits package.  There are two major types of benefits: those that companies offer to all their employees and those offered only to key employees.

Benefits offered to everyone in the organization usually consist of such traditional benefits are retirement plans, health insurance, and paid vacations.  While these benefits may include certain tax breaks and other advantages to employers, business primarily offer them to recruit and retain employees.   They are usually considered standard by employees in large organizations, and can be determing factor in attracting employees to small businesses.

Executive Benefits

Executive benefits are designed primarily for highly compensated employees and key people.  They can give key individuals an incentive to stay at an organization (“golden handcuffs”) and fill gaps where other benefits fall short.

Non-Qualified Retirement Plans

Unlike qualified retirement plans, non-qualified plans are not tax-advantaged in the current year.  They are designed to retain top talent by providing a benefit in the future.  In most arrangements, the employer can deduct benefit payments made to the employee at the time of payment and control the design of the benefit plan.

For employers, the advantage of a non-qualified retirement plan include having control over who participates, contributions, plan design, and timing of benefit delivery; a “golden handcuff” for key employees; and deductions on future benefits when paid to an employee.  Employees benefit from additional retirement income.

162(a) Bonus Plans are often used to supplement to group term life policies, enabling selected employees of C corporations to receive additional life insurance protection.  The employer pays policy premiums as a bonus, which is treated as taxable compensation to the key employee, and is tax-deductible by the employer.  The key employee owns the policy and the cash value, and selects the beneficiary.  Employers often pay the additional taxes due in the form of a cash bonus to the employee.

Split Dollar Plans have been popular as a method of paying for insurance by splitting the premiums and insurance proceeds between the employer and employee.  Changing tax law has reclassified many of these plans as loans and they are prohibited to employees of public corporations under Sarbanes-Oxley.  While split dollar plans till offer benefits to private companies, the complexity of the new tax rules makes it imperative that the plan be designed with the help of an accountant or tax attorney.  While not tax-deductible to employers, key benefits include the ability of the employer to recover some or all of the costs of the plan, and the use of split dollar for “golden handcuffs” incentives.  For employees, benefits include affordable permanent insurance protection and, in some plans supplemental retirement income.  Because the law in the Split Dollar (SD) area in extremely complicated, it is important that you consult your legal and/or tax advisors before you enter into a SD arrangement.

Designing or Enhancing Your Benefits Package

To help you make the most of your benefit offerings, the chart below categories some benefit choices by their value to the employer.  Items of value to an employer include: deductibility-the ability to deduct part or all of the cost of the benefit from business taxes; selectability-the ability to choose who is eligible to receive the benefit; and control-the ability to control the employers contribution amount, plan design and benefit delivery.

Type of  Plan Deductible to Employer Employer Selects Participants Who Controls
Qualified Retirement Plans Contributions to fund benefits are tax-deductible when contributed by employer No Employer (within regulatory guidelines)
Non-Qualified Retirement Plans Retirement benefits are tax-deductible to employer when paid to executive Yes Employer
162(a) Bonus Plans Premiums are tax-deductible as paid by the employer Yes Employer
Split Dollar Plans No Yes Employer

Filed Under: Business Planning

IRA on Death, IRD, Taxes and Stretch IRA

February 3, 2011 by admin Leave a Comment

How the IRA distribution is dependent upon the IRD

The unpleasant TRIGGER word in the IRS dictionary is “IRD” [I]ncome in [R]espect of a [D]ecedent, Internal Revenue Code (IRC) Section 691. Income in Respect of a Decedent (IRD) refers to those amounts to which a decedent was entitled as gross income, but which were not properly includable in computing the decedent’s taxable income for the taxable year ending with the date of the decedent’s death [or] for a previous taxable year under the method of accounting employed by the decedent. Pursuant to Sec. 691, the amount of the IRA distribution is included in the gross income of the beneficiary for the tax year when it is received. Simply stated, the government allowed you to post-pone the tax while you were alive. Now, they want to collect, period.

The baby boomer generation needs to understand and master the total significance of IRD, because they have accumulated significant wealth creating Taxable Estates. IRC Sec. 2031 defines and controls the valuation of the decedent’s gross estate to include the value of all assets at the time of the decedent’s death, real or personal, tangible or intangible, wherever situated. A decedent’s estate may include stocks and securities, real estate, business interests, personal effects, annuities, trusts, IRAs, and other qualified plans.

Because of the complex calculation of IRD, the IRA can be included in both the estate tax return and the income tax return of the recipient, thus creating the potential 77% tax-trap of double taxation.

What’s IRD taxable income?

In order to determine whether an item of income is IRD, one must first determine how the decedent would have been taxable in his hands under IRC Section 691(a)(3), then he must consider the accounting method that was employed by the decedent. Generally, cash basis taxpayers only include “actual” cash received or constructive receipt (i.e. Interest on a CD) on the decedent’s date of death. Regardless of the accounting method employed by the decedent, IRD is subject to income taxes on a current basis when the triggering event occurs, generally the actual receipt of the income by the beneficiary.

A thorn on your wealth transfer to your next generation

Rev. Rul. 92-47 holds that a distribution to the “beneficiary of a decedent’s IRA” is IRD (Income in Respect of a Decedent) under Sec. 691.

Pursuant to Sec. 691, the amount of the IRA distribution is included in the gross income of the beneficiary for the tax year when it is received. However, Sec. 642(c)(2) provides that an estate or a trust shall be allowed a deduction for any amount that is permanently set aside for charitable purposes.

Distributions from an IRA are taxable to the recipient. Distributions must begin not later than the required beginning date and continue over the life of the IRA owner [or] over the lives of the IRA owner and a designated beneficiary, IRC Sec. 401(a)(9)(A).

There are ways to mitigate this unpleasant result. Implementation of any large IRA plan requires careful attention for the IRS requirements and estate tax considerations. The simplistic catch-all solution being bandied about is the “stretch-IRA.” This solution requires “stretching” IRA distributions to a much younger beneficiary other than the owner, i.e., over the life of your grandchild, which is longer than your own.

Stretch IRA and Estate Tax Problems

Stretch IRAs are okay for those with no estate tax problem. Stretch IRAs do not work for those individuals with estate tax problems.

Why does the Stretch IRA not work? Because when the stretch IRA passes to a younger heir, estate taxes are due. If the younger heir receives a $3 million dollar IRA, there would be a $1,500,000 estate tax due. Where is the younger heir going to get $1,500,000 to pay the IRS?

The presumption is that the heir will take the $1,500,000 out of the IRA. When the heir takes out $1,500,000 from the stretch IRA, it is taxable income and income taxes are due on that money.

This statement is required by IRS regulations (31 CFR Part 10, §10.35): Circular 230 disclaimer: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein

To learn more about how to protect your IRA, reduce IRA taxes and have a personal assessment of your portfolio contact Best IRA Rescue. We provide professional services in: precise asset protection systems; tax-free wealth creation systems; advanced income tax tax-deferred strategies; implementation of tax efficient transfers to your next generation elimination of the probate process; and the elimination of the only voluntary estate tax system.

Filed Under: Estate Planning

Next Page »

Copyright © 2025 · Genesis Framework · WordPress · Log in