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November 1, 2024

Pre-Retirement Planning Guide – Legacy Planning

Step 6: Looking to Legacy Planning to Address Future Needs of Family

How do you want to be remembered? People often view their legacy as a way of disseminating assets to charitable venues to be remembered as passionate and generous supporters. That is one aspect of a legacy.

But perhaps the most important legacy plan is how you want to be remembered by your family, friends and loved ones. If you do not develop an estate plan and communicate it with your loved ones, if you leave your financial accounts and investments in a state of disarray by not keeping files organized and beneficiaries updated, then you leave a huge burden behind when you pass away.

This may very well mar the fine memory your loved ones have for you. After all, having to manage a complex or messy estate over a long period of time could overwrite the previously fond memories they had for you. No one wants their legacy blemished by administrative chaos, so now is the time to get your financial house and estate plan in order. Don’t let the last memories of you be ones of aggravation and bitterness.

Repair and Strengthen Relationships

If you are estranged or have an uncomfortable relationship with someone close to you, do yourself and them a favor by rectifying the situation. This may take time, so begin the process during your pre-retirement planning phase. Remember, no one wants to die having said harsh last words or having not seen a loved one for a long time.

Make part of your plan a commitment to shore up relationships. You can start by making a list of people with whom you should contact, jotting down a few thoughts about what you want to communicate, and devising a plan for how to accomplish this. It might be a special weekend with each of your children, or inviting a long-lost sibling to take a vacation with you, or taking your spouse out to dinner and reiterating your love for one another. Remember, your legacy is about how you want to be remembered, so make some new memories to crowd out any poor ones.

First, Loved Ones; Then Philanthropy

Once your relationships are in good shape (which takes ongoing maintenance – it’s not a one-shot deal), turn your attention to your philanthropic legacy. This includes how you want to distribute your assets to both your family and the causes you care about.

The following are some key components of a legacy plan:

Wealth Transfer

Be sure that your estate plan efficiently communicates and transfers your assets to the appropriate heirs. It also should incorporate prudent tax planning so that your beneficiaries do not pay more in taxes than required. Remember, part of your legacy will be determined by how well you protect your assets, not just from taxes but also from creditors, divorce settlements, and other potential risks.

Education

Leaving a large sum to heirs can be overwhelming. It’s a good idea to help them learn about financial responsibility, wealth management and philanthropy. By helping them understand tactics about which assets to leave intact, which to transfer to other accounts and which they can liquidate for their own use – in a tax-proficient manner – is key to ensuring they’re ready to manage the legacy you pass on.

Charitable Giving

There is a range of sophisticated vehicles that allow you to maximize the long-term value of gifted assets to charitable and passion causes. For example, a donor-advised fund (DAF) enables you to donate cash or securities to a charity-sponsored fund and help direct where charitable grants are distributed. Another option is to set up a private foundation. This is a public 501(c)(3) organization that invests, manages, and distributes your donations to charities; however, this option is really only viable and cost-efficient if you have substantial assets (multi-millions) in your estate.

There are also trust vehicles designed to balance your philanthropic goals with leaving enough assets for your own living expenses and/or an inheritance for heirs. Fortunately, these also may enjoy tax benefits, such as an upfront tax deduction, removing assets from your taxable estate, or avoiding capital gains taxes on donated securities. Here are some examples:

Charitable Lead Trust (CLT) – The charity of your choice receives trust income (fixed payment or fixed percentage) for a specified term/or your lifespan, after which the remainder goes either back to you or another trust beneficiary.
Charitable Remainder Trust (CRT) – The trust distributes income to you or another beneficiary for a specified term or your lifespan, after which the remainder goes to a designated charity.
Charitable Remainder Unitrust (CRUT) – The trust distributes a fixed percentage of its balance to you or a beneficiary for a specified term or your lifespan, after which the remainder goes to a designated charity.
Charitable Remainder Annuity Trust (CRAT) – The trust distributes a fixed payment to you or a beneficiary for a specified term or your lifespan, after which the remainder goes to a designated charity.

Setting up a trust to meet a variety of goals is very complex. Be sure to work with an experienced and qualified estate planner to set this up or, again, your legacy could be tarnished if your estate is not disseminated as planned.

October 1, 2024

The New Era of “No Tax” Policies: Selective Tax Exemptions and Their Side Effects

Former President and current candidate Donald Trump introduced a new policy of his in a recent Arizona rally: No more income tax on overtime pay. This follows both Trump and Vice President Harris’ proposal for a no income tax on tips policy, as well.

Below we will look at the two recent proposals and what they could mean for both taxpayers and businesses.

No Tax on Tips

The no tax on tips policy looks to lighten the tax burden on service industry workers. According to the Fair Labor and Standards Act, anyone who “customarily and regularly” receives $30 or more in tips per month is considered a tipped worker. The mechanism to exempt tip income could possibly come through three different mechanisms.

One option would be to categorize tips as gifts. Service employees are often paid wages lower than the minimum wage (as low as $2.31 per hour), with employers required to “top-up” an employee to the federal minimum wage of $7.25 if tips don’t at least make up the difference themselves. As a result, considering tips as gifts may not legally work.

A second option is to treat a specified amount of tips as non-taxable income. Consider a policy, for example, in which up to $25,000 in tips is treated as non-taxable income. Legally, this is straightforward, but it could have various knock-off effects on those it is intended to help. For example, a taxpayer’s gross income could fall so low they no longer qualify for the earned income tax credit and end up being a net negative.

Finally, there is a third option of creating a new deduction; allowing taxpayers to first claim the income and then take a deduction to offset it. The issue here is that given the claimed income level of most tipped workers, an additional deduction may not be one-for-one incrementally beneficial to the standard deduction. In other words, so much of their income is already non-taxable, this wouldn’t make much of a difference.

Side-Effects

Depending on how the policy is structured, there are negative side effects that could accompany the policy change. Compliance with reporting tip income is already spotty at best. It’s not uncommon for tipped workers to underreport their tip income, especially for cash tips. The main concern is that employers and employees may try to game the system. There is a real chance that who is tipped changes and people may try to change compensation schemes so that other types of income are then changed to tip income to take advantage of the changes; especially for taxpayers for whom the law was never intended to help.

Non-Taxable Overtime

The second proposal is to exempt overtime wages from income taxation. The idea is that it would help workers who get to keep more of their money; and at the same time helping businesses, since employees would be incentivized to work more hours, thereby negating the need to hire more employees. While on the surface it seems like a policy to help the hardest working, there are potential problems.

Unfair to Regular Wage Earners

There are two possible issues. First, it leaves behind hourly workers who cannot work overtime due to other responsibilities, health or their job’s duties. It also disadvantages those who have to work multiple jobs (because their job doesn’t offer overtime, but they need the money).

Second, it doesn’t consider salaried positions. There are many salaried positions, where workers are exempt from overtime laws – and a large swath of these are not highly paid positions.

Administrative Complications

Employers and the IRS would need to deal with distinguishing between regular wages and overtime earnings. What is considered overtime is not always clear when there are pay concepts such as bonuses, shift differentials, commissions or other alternative payment arrangements. It would also add significant complexity to payroll systems.

Conclusion

While both policies are well intended, the devil is in the details. Implementation would need to be carefully considered; the intended taxpayers might not be the main beneficiaries; and there is room for fraud.

October 1, 2024

How to Measure the Quality of Accounts Receivable

Analyzing a company’s Accounts Receivables is an effective way to measure its current cash flows and the likelihood of maintaining healthy cash flows. According to the U.S. Chamber of Commerce’s Small Business Index (Third Quarter 2024), 68 percent of small business owners reported being content with their third quarter cash flow performance. This illustrates the importance for small business owners to do everything possible to maintain healthy cash flows, including evaluating the quality of accounts receivables (A/R).

Defining Accounts Receivables

This account or line item on the balance sheet gives the business’ managers/owners and investors a measure on how much money a business expects to receive from selling goods or services. It’s an important metric because it’s a measure of what’s owed, but not yet collected from rendered services/goods.

Consideration for Uncollectable Accounts Receivables

While businesses hope to collect 100 percent of their A/Rs, businesses take a realistic view that not everyone will pay up. For whatever reason, A/Rs aren’t always collected and must be accounted for as uncollectable. Therefore, a contra account is setup to account for accounts receivables that turn into bad debt. This contra account is linked to the accounts receivable, an asset reported on the balance sheet, offsetting the accounts receivable balance. However, there are many metrics for companies to manage their health internally, and some of these metrics are discussed below.

Accounts Receivable-to-Sales Ratio

This is determined by taking a “snapshot” of the ratio or division of the accounts receivables divided by sales over a period of time. The resulting calculation is the percentage of a business’ unpaid sales. The higher the accounts receivable-to-sales ratio, the riskier the company’s financial health. It indicates a business has accounts receivables with a low likelihood of being collected. It’s calculated as follows:

AR to Sales = AR / Sales

Since it measures the mix of how much a business relies on cash versus credit, it can prompt an analyst to determine whether a company is able to operate on minimal cash with low fixed costs and limited outstanding debt. It can also prompt an analyst to determine if a company is subject to cyclical sales and is dependent on the business cycle and whether it’s the right time to invest in a company or hold off until a better entry point is established.

Accounts Receivable Turnover Ratio

This calculation determines how fast a business can convert its accounts receivables into cash. It calculates this over a discrete period, be it a month, quarter, year, etc. It’s calculated as the sales over a period divided by the average accounts receivables balance over the same period. It’s calculated as follows:

ARTR = Net Credit Sales / Average Accounts Receivable

Net Credit Sales = Sales on Credit – Sales Returns – Sales Allowances

Average Accounts Receivable = (Starting + Ending A/R Over a Fixed Time) / 2

The higher the ratio, the less friction businesses have in converting their accounts receivables into cash. One important consideration to keep in mind is that if total sales are used for this calculation, which some business do, the results don’t reflect the original formula because it doesn’t remove the sales on credit or sales allowances.

Days Sales Outstanding (DSO)

This metric reveals how fast (in average number of days) a company is able to turn its receivables into cash. It’s the average accounts receivables divided by net credit sales multiplied by 365. It’s calculated as follows:

DSO = (A/R / net credit sales) x 365 days

The lower the DSO, the better quality and the more efficient a company is in converting its accounts receivables into cash. The higher the DSO, and especially when it goes beyond 90 days, can represent two different financial measures. The first is that the business’ accounts receivables might not be collectable. The second is that the company might be able to make sales but with deteriorating earnings.

While there are many ways to analyze a company’s health, along with many ways to analyze the quality of existing and future accounts receivables, these are a few ways to evaluate a company’s present financial health and prospects for the future.

Sources

https://www.uschamber.com/sbindex/key-findings