Recent cases of misappropriation of client funds, breaches of fiduciary duty, theft and bankruptcy filings underscore the importance of qualifying one's 1031 qualified intermediary. This article from Strategic Exchange Advisors includes information of interest to any investor with real estate holdings in the United States.
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How do you know you are selecting the trustee that is best for your individual needs? What responsibilities does the beneficiary have? This 2009 FOX Fall Forum presentation outlines what it means to be an effective trustee and beneficiary, decision criteria for trustee selection, and the process and framework trustees and beneficiaries can employ to manage trust and fiduciary decisions at both the macro and micro level.
The answer to whether to establish a Roth account or to roll over a traditional retirement account to a Roth is not always obvious because of the upfront tax cost associated with the Roth. Whether an individual reaps an offsetting benefit will depend on how long money remains in the account, the tax rates in effect when it is withdrawn and how the investments perform.
Meeting significant charitable goals efficiently creates a disproportionate need for the characteristics inherent in liquid, public securities. Increasing the allocation to liquid asset classes from 29% to 75% on a tax-managed basis can generate comparable returns to the endowment model after taxes while maintaining the flexibility needed to handle cash flow interruptions and changes in markets, tax regimens and personal goals.
Many private enterprises are just beginning to understand the changes necessitated by these rules and their implications. This is important, as preparation of annual financial statements that are subject to the rules involves a review and analysis of accumulated tax positions. Private enterprises can benefit from the accumulated experience of public companies as they prepare for the issuance of these statements.
Research demonstrates that even large pools of recognized losses may be depleted in a rather short period of time if the investor loses focus on tax management. The longer the investor can expand this window of time by continuing to actively manage their tax situation, the greater the potential opportunity for total wealth creation in the long term.
Planning can help reduce a client's tax liability and mitigate the unpleasantness of surprises when tax returns are filed. This is a valuable service advisors can offer clients, and because proper tax planning requires a discussion of a client's entire financial picture, it also can serve as a catalyst to broaden the scope of relationships with clients.
Given the relatively low current tax rates, changing executive and legislative control and the increasing need for government revenue, there is a distinct possibility of a capital gains tax rate increase. Knowing this, individuals may be wise to suspend the common practice always to defer taxation.
With short-term interest rates currently near zero, this may be a good time to consider using intra-family loans, grantor retained annuity trusts and sales to intentionally defective grantor trusts.
Low interest rates are certainly disheartening for investors looking for income, but they also drive down key rates used in estate planning – a great benefit to those looking for low or no tax techniques for transferring wealth to family members. It is unlikely, however, that these rates will remain as low as they currently are.