Paying Estimated Tax Makes More Sense

This article addresses the need to coordinate tax planning and retirement withdrawals. When an individual transitions from the workplace to retirement, there is a difference in terms of how taxes are and should be paid.

During working careers, most individuals have taxes withheld incrementally from their paychecks. The goal is to try to break even so that tax is not a major cash flow issue.

As financial planners, we are coordinating and confirming cash flows, and tax planning is an integral part of this. When an individual retires, the relationship changes. IRA distributions, capital gains, and acceleration or deceleration of income all have a profound effect on taxes. We tend to discourage having taxes withheld from moderate pensions, Social Security, and IRA withdrawals simply because it is easier to adjust four estimated payments instead of twelve monthly withdrawals from each of the other income sources.

We understand that many tax preparers try to ensure that people never owe money. But the reality is that we always owe money; the question is how and when we pay for it. We are all in agreement — we don’t want to give the government money unnecessarily. Based on our 35 years of experience, we are a strong advocate of quarterly estimated payments for both federal and state taxes.

Reverse Mortgages

We are not unalterably opposed to reverse mortgages, but we do consider them a poor alternative to many of the other options generally available to families of our older clients. Our main objections are that they have high fees and that it affects the liquidity of the family’s largest single asset, their home, with a corresponding loss of control of that asset.

More frequently, in fact in almost every case, when we’ve examined the needs of that person, they have other family members – usually an adult child – with stronger financial status in which we can use their financial balance sheet to do a sale/finance back and thus not waste the tax advantages that would be inherent for an individual who holds the mortgage. Plus, with interest rates very, very low now (summer 2011), the ability to get cash flow and/or earnings that exceed the 3% or so in mortgage rates is not something that is unattainable.

You have heard the old axiom, “If it sounds too good to be true, it usually is.” Whenever institutions, typically banking, present themselves as a panacea, there has usually been a hidden negative relative to the consumer.

As a fiduciary, we are committed to serving the best interests of our clients. At the same time, we know there are going to be costs, but we can minimize those by squeezing the margins down, and a more traditional conforming loan initiated by a family member is normally a cheaper and better alternative. Rather than allocating funds to the bank, the asset can be sold when the parent is no longer able to live in the home or is no longer alive and end up with a higher net equity than if a reverse mortgage had been done. It’s not just the cost of the mortgage origination, it’s the loss of control of the asset. It’s the imposing of another institution with, by necessity, their need to maintain a thicker margin. Normally we have found that through a kind of gentlemen’s agreement we’ve looked at the family member who has assisted this transaction. They are not doing it for financial gain; they are doing it to assist the parent who is in a weakened situation. With a gentlemen’s agreement, more often than not when the asset is sold, the net proceeds are distributed equally over and above what the costs incurred were to all the children, not just themselves.

In general, loss of control and liquidity is not a good choice.

Why We Provide Insurance & Mortgages to our Clients

Demming Financial Services Corp. is a full-service financial planning firm. As a fee-based advisory firm registered with the SEC with 3 CFPs® on staff, we embrace the fiduciary standards of conduct which most of the life insurance and mortgage industries have shunned.

Insurance revenues for us constitute less than 2% of our corporate revenue and are a loss, not a contributor. We provide mortgage advisory coverage as well as discount title work as a service to our clients. Revenue generated is a secondary concern.

We quantify a client’s need, define the costs, and then implement, with the intent to protect our client against predatory insurance and mortgage originators. This is part of the holistic process we espouse as a full-service life planning firm.

As a 30+ year firm in the financial planning business, we continue to be proud to be a failure as an insurance agency and mortgage originator, but successful in serving our clients’ best interests. As a financial planning and investment advisory firm, our fiduciary standards of conduct require putting the interests of clients first — which translates into business as usual for us.

(Aug 2008; Rev Aug 2011)

Differences Between Brokers and Financial Planners

Sometimes it can be difficult to explain the cultural differences between financial planners and wirehouse brokers. However, at a financial services conference in San Francisco, author Michael Lewis–the celebrated author of ‘Liar’s Poker,’ ‘The Big Short’ and ‘Moneyball’–talked about his own experiences as a broker and as a writer about brokers and their world.

Lewis told the audience that he had written ‘Liar’s Poker,’ which is basically an expose of how Wall Street does business, as a kind of warning to college students entering the workforce. He said that he had always found it ridiculous that the large brokerage firms (in his case, Salomon Brothers, but including also Smith Barney, Merrill Lynch, First Boston and Goldman Sachs) would hire somebody like him, an Art History major out of college who knew nothing about finances, and set him to work giving financial advice to institutions and wealthy people with nothing more than a little sales training. “I had a college roommate who should have been an oceanographer,” he said. “He had a passion for it. But he was offered so much money that he ended up working for Bear Stearns.”

After he wrote ‘Liar’s Poker,’ Lewis naturally assumed that he had forever burned his bridge with Wall Street, by telling the world how ridiculous (and, often, pernicious) it was in a NY Times best seller. Yet when the credit default crisis swept through Wall Street in 2008, Lewis became interested again. “I had no idea that Wall Street could ever get more absurd than it was when I worked there,” he told the audience. “But back then, if a big Wall Street firm designed a zero sum trade, you did NOT want to be on the other side of that trade. But with all the amazing losses from the credit default swaps and CDMOs and everything else, somehow Wall Street had become the dumb money. Incredibly bright people had created doomsday bonds that brought down the finances of the bigger firms.”

So Lewis tentatively called up some of the players in Wall Street, and was astonished to find that they were willing–even eager–to talk to him. Then he got what he described as the shock of his life. “They would say to me, the only reason I’m talking to you is because you’re the reason I got into this business,” he said. “They would tell me, I was in college and didn’t know what I wanted to do with my life until I read Liar’s Poker.”

Somehow, Lewis realized, his intentions had been subverted. “I discovered that my book had a dog whistle effect of calling people into Wall Street,” he said, “which was exactly the opposite of what I intended.”

Lewis was asked what he believed to be the most important lessons of his book about the credit meltdown. His answers were surprising. He said that Wall Street’s incentive structure is (this is the term he used) “badly screwed up.” Hundreds of executives and brokers had an inkling that they were creating awful investments, but they managed to tell themselves, ‘Just let it last until the end of the year, and I’ll get my bonus.’ Then they would say, ‘Just let it last one more year, so I can get my next bonus.’ “If you incentivize people not to see something, they won’t see it,” said Lewis. “It is amazing what people won’t see if they’re paid not to.”

By mid-2005, the structured product departments at the Wall Street firms were generating so much money that they had virtually taken over their companies. And Wall Street had taken over the ratings agencies, giving them ever-more-fanciful analyses of the products they were selling, and then paying for the companies to ratify the analyses that they had created. Lewis said that he was particularly disturbed that Goldman Sachs could create securities that were designed to fail, and then sell them to their customers at a profit, and then profit some more by betting against them.

None of those incentives have changed since the meltdown. Unlike financial planners, who owe a duty of loyalty to the people they advise, brokers must profitably work against the interests both of their clients and society. Lewis pointed out that the executives right below top management, who are in the middle of creating profitable securities that eventually fail spectacularly, usually find themselves in a financial sweet spot. Their customers lose everything, their bosses are called on the carpet and sometimes fired (though seldom given jail terms), but these people right below the bosses profit on both ends of the crisis. In the run-up, they pocket millions as the flawed securities are shoveled into customer portfolios. Then, when the securities blow up, they are the indispensable experts who are called on to fix the mess–and earn millions more during the cleanup phase.

Meanwhile, the government has been bailing out Wall Street every ten years or so. “We have a capitalist system except for the highest-paid capitalists, who enjoy the benefits of socialism,” said Lewis. “They were massively subsidized, and as soon as they got back on their feet, they started undermining the people who were trying to fix the problem.” In describing the lobbying attacks on Congressional efforts to rein in the worst behavior, he said: “It’s like a patient in the emergency room who wakes up and immediately attacks the doctor who saved his life.”

Meanwhile, brokerage firms are permitted to pose as agents of the customer when in reality they are serving as agents of their firms.

Some of this may be changing. “People are starting to suspect that Goldman doesn’t have their best interests at heart,” Lewis told the group. “When I did my book tour, the first thing I noticed is that people were angry. They wanted to know who to lynch.”

Nevertheless, Lewis said that he fully expects another crisis within ten years, at one point saying “I can see that the next collapse is being built now, though we can’t see it yet.” In response to a question, he said that individually, there are a lot of really nice people working on Wall Street. But the incentives have to be changed before the crises will end. “When people are rewarded for behavior that is just horrible for society, then the one thing you know is that this will happen again and again and again,” Lewis told the audience. “Today, on Wall Street, you can get rich doing creative things that are absolutely disastrous for investors and society.”

Is there a solution? Lewis said that if he were made the top regulatory agent of the securities world, the first thing he would do is break up the big firms, and then forbid the industry from making bets for themselves when they are also advising investors on those same securities–basically ending the practice of trading for their own accounts. He would ban credit default swaps and some other derivatives, and absolutely forbid firms from betting against the securities they have sold to their investors. “Today, we allow Goldman to buy insurance on somebody else’s house,” Lewis said. “That gives them an incentive to throw lighted matches at your house and be rewarded handsomely if it burns.” And he would require people who run hedge funds to have their own wealth in the fund, taking the same risks that they were exposing their investors to.

(Article posted with permission from Bob Veres, Inside Information, August 2011)

Why We Favor UTMA’s over 529’s

Your options for saving for children’s college educations are numerous, and one size does not fit all. Below, we outline the major options. The right option depends on ages of your children, family income, potential for financial aid, expected cost of college, and other factors. Our analyses and experience, however, have us strongly recommending that UTMA (Uniform Transfer to Minors Act) accounts, also known as custodial accounts, are the best way to go for the majority of our clients.

UTMAs (Custodian Accounts) – Investments are held in the name of a minor, but are managed by the custodian (such as a parent). This arrangement provides tax benefits, especially for higher-income families because they shift capital-gains taxes to their lower-income children. There are no income restrictions, but contributions over $13,000 a year per parent are subject to gift tax, and in some instances, the assets remain in the parent’s estate.

A key advantage of UTMAs is that reinvested dividends and the account growth are tax-free until the child’s annual unearned income exceeds $950. Only then may a child pay any taxes on dividends and capital gain, if they are in the 25% income tax bracket or higher. So the threshold for annual UTMA earnings without significant taxes effectively is $1,900. Only at that point, and only if the child is under 18 years old (age 24 if a student), does the tax bleed over to the parent’s rate. After 18, the child is taxed as an individual, not at the parent’s rate. Lastly, the reinvested dividends and capital gains add to the account’s basis, making withdrawal potentially tax-free.

The combination of lower expenses, few rules, and greater freedom makes this option our overwhelming first choice.

UTMAs present three drawbacks. One, the gifts are irrevocable. Two, the child assumes control once a legal adult, and thus may spend the money elsewhere besides college. Three, the assets typically count more heavily against financial aid, though some colleges are changing that.

Coverdell Education Savings Accounts – We rank this alternative second. In these accounts, you can contribute up to $2,000 a year per child, but there are income restrictions: $190,000 – $220,000 phase-out for married couples; and $95,000 – $110,000 phase-out for singles. The income thresholds can be circumvented using other qualifying donors (e.g., grandparents or siblings). Earnings are federal-income-tax exempt if used for qualified education expenses. Coverdell’s offer many more investment choices than 529 plans and often have lower expenses.

Coverdell’s can be a good option for people who can save only a small amount each year, or who may want to fund a Coverdell before moving on to other alternatives. Because a Coverdell account is considered the parent’s asset instead of the student’s, the student is eligible for more financial aid. This is a good but limited second choice.

529 College Savings Plans – These are our third-ranked recommendation, most applicable to benefactors with notable wealth. While 529 plans can be an especially good alternative for high-income families wishing to save a substantial amount for college, investment options usually are limited, and management fees usually are higher. Features of these state-run plans include:

  • Investments grow tax-deferred, and withdrawals for qualified college expenses are currently free of federal tax through 2010

  • Some states give tax breaks on the contributions

  • Over $200,000 can be invested in many plans, and as much as $110,000 at one time (varies by state)

  • Investor retains control and can change beneficiaries

  • No income restrictions

  • Their impact on financial aid is the same as Coverdell’s and smaller than many alternatives

  • There are restrictions on what the funds can be used for, and government approvals are required.

Our judgment is that 529s should be used as the third alternative, not the first. They are particularly useful for wealthy grandparents with multiple beneficiaries.

There are other college funding choices that are occasionally viable but are not used often, and then only in special circumstances. These include:

Pre-paid tuition plans – Under these plans, you can buy part or all of a school’s future tuition bill at today’s prices. Earnings from either private or public plans are tax-exempt when used for qualified education expenses. Ohio does not offer these plans for its public colleges. Originally only offered by certain states, prepaid tuition plans now are also available through a coalition of nearly 200 private schools.

They can be a good option for conservative investors who want to lock in tuition costs and who know what college their children will attend. There are penalties for changing your mind about a state school, but there is more flexibility under the private plan. Also, under current rules, prepaid plans unfortunately reduce financial aid dollar-for-dollar.

Series I and EE Savings Bonds – The interest earned from these bonds is free of federal tax as long as it is used to pay for tuition and fees, the parents hold the bond title, and parental income is not too high. But the benefits may be reduced by other education tax breaks (e.g., HOPE Scholarship), and the rate of interest earned compares poorly with the double-digit rate of increases in tuitions.

Taxable Investments in the Parent’s Name – The advantages include nearly unlimited investment options, no income restrictions, retention and control of the assets, and the flexibility to use the assets other than for college. The major disadvantage is the taxes on earnings. You can minimize that by gifting the assets to your child at college time and having them sell the assets, although you could face gift taxes.

Individual Retirement Accounts – Money taken out of a traditional IRA and used for qualified education expenses is free of the 10% early-withdrawal penalty (but not ordinary taxes). Withdrawals of Roth IRA contributions are tax-free, and even the earnings may be tax-free in some situations.

(May 2007; Rev Aug 2011)