CHAPTER 1 - FINANCIAL TAX PLANNING
Comparing Goals & Purposes
Investment Purposes
Purpose #1 - Comfortable Retirement
Myths of Retirement
Plan For 10 to 15 Retirement Years
Stay With One Company to Retire With the Best Benefits
Preserve Capital
Retirees Are Taxed Less
Housing Costs Are Less
Just the Spouse and Me
Company Insurance & Medicare Will Cover Medical Bills
Retirees End Up In a Nursing Home
Purpose #2 - Education
Purpose #3 - Family & Personal Stability
Purpose #4 - Enjoyment of Life
Purpose #5 - Commitment
Investment Goals
Find Your Place in Time
“Know Thy Investment Self”
Investment Vehicles & Entities
Individual
Corporate
Trusts
Co-Tenancy
Partnership
Retirement Plan
Custodianship
Estate
Retirement Now - The Ultimate Objective
Defining Retirement
When Do I Want To Retire?
What Kind Of Lifestyle Do I Want?
Do I Want To Move?
Determining Retirement Costs & Income Needs
Developing a Plan
Savings - The 10% Rule
Selected Strategies for Savings
Basic Planning Elements
CHAPTER 2 - BUILDING AN ESTATE
Assets, Income & Cash
Income
Type #1 - Taxable
Information Reporting on Taxable Income
Payments
Salary & Wages
Interest Income
Dividends
Tax-refunds
Gambling Winnings
Other Income Known to the IRS
Real Estate Transactions
Type #2 - Tax-free
Type #3 - Tax-Deferred
Type #4 - Tax-sheltered
Gifts
Borrowed Money
Gain on Home Sales
IRA Rollovers
Inheritances
Life Insurance Proceeds
Property Settlements
Child Support Payments
Money Recovered For Personal Injuries
Workers Compensation Payments
Disability Payments
Tax Refunds
Municipal Bond Interest
Vacation Home Rental
Children’s Wages
Children’s Investment Income
Scholarships
Budgeting
Rule #1: Expenses - 60%
Rule #2: Taxes - 20%
Rule #3: Savings - 10%
Rule #4: Education - 10%
Rule #5: Keep Your Benefits
Cash
Lifestyle
Emergency Funds
Savings as Deferred Investing
How To Save
Programmed Savings
Tax Savings
Joint vs. Separate Returns
Purchase of Assets
Acquisition
Stay Liquid - Be Able To Get Your Money Back
Grow - Make Money on Your Money
Shelter - Get Tax Benefits
Build - Don’t Spend Your Benefits
Avoid Linking - Each Investment Must Stand On Its Own
Analyze - Investigate the Investment
Assets
Management
Rule #1 - Develop Cash Flow
Rule #2 - Learn To Negotiate
Rule #3 - Manage Risk
Investment Loss
Liability
Poor Health
Premature Death
Rule #4 - Diversify
Rule #5 - Monitor Assets
Rule #6 - Use Systems
Taxes & Investment Economics
Deductions Now, Taxes Later or Maybe Never
Accelerate Deductions
Taxes
Charitable Contributions
Medical Expenses
Miscellaneous Expenses
Business Expenses
Leverage
CHAPTER 3 - PRESERVATION OF WEALTH
Four Obstacles to Preservation
Spending Habits
Track Your Spending
Income
Expenditures
Living Expenses
Fixed
Variable
Credit Card Payments
The Bottom Line
Converting a Minus into a Plus
Build in Savings
Adjustments
Designing a Budget
What Are You Worth?
Inventory Assets
Cash
Personal Property
Investments
List Liabilities
Analyze Net Worth
Wasting Assets
Liquidity
Diversification
Cash Reserve
Ignorance
Taking Control
Planning Responsibility
Delegation
Asset Allocation - Risk & Return
Inflation
Taxes
Tax Planning Tactics
CHAPTER 4 - DEFERRAL
Former §1034 - Repealed
Section 1031 “Like Kind” Exchanges
Exchange Advantage
Importance of Deferral
Three Elements
Exchange Requirement
Two-Party Exchanges
Multi-Party Exchanges
Alderson
Baird
Delayed Exchanges
Qualified Property Requirement
Like-Kind Requirement
Rules of Boot
Related Party Exchanges
Definition of Related Party
Exceptions to the Two-Year Rule
Contractual Protection
Transactions Between A Partner & Partnership
Foreign Real Property Exchanges
Personal & Multiple Property Regulations
Effective Date
General Rule for Netting Liabilities
Abandonment of Anticipatory (Re)Financing Proposal
Like-Kind Requirement for Personal Property
Like-Kind
Like Class
Five vs. Four Digits
Miscellaneous Category
SIC Replaced by NAICS System
Property Held for Investment
Class Priority
Other Personal Property
Goodwill Prohibition
Multiple Asset Exchanges
Definition
Exchange Groups
Aggregation & Allocation
Residual Group
Liabilities
Delayed (Deferred) Exchange Regulations
Effective Date
Deferred (Delayed) Exchange Definition
“Reverse-Starker” Transactions
Identification Requirements
Identification & Exchange Periods
Application of §7503
Method of Identification
Property Description
Incidental Property - 15% Rule
Revocation
Substantial Receipt
Multiple Replacement Properties
Actual & Constructive Receipt Rule
Four Safe Harbors
Safe Harbor #1 - Security
Safe Harbor #2 - Escrow Accounts & Trusts
Disqualified Person
Who Is An Agent?
Safe Harbor #3 - Qualified Intermediary
Who Is A Qualified Intermediary?
Direct Deeding
Assignment
Simultaneous Exchanges
Safe Harbor #4 - Interest
Interest Reporting - §468B(g)
Restrictions On Rights to Money & Other Property - “g(6)” Limitations
Outside Transfers of Money or Other Property
Exchanges of Partnership Interests
Effective Date of Partnership Provisions
Retirement Plans
Designing Your Retirement
Sources of Retirement Income
Qualified Corporate Programs
Defined Contribution Plans
Profit Sharing Plan
Money Purchase Pension Plan
Stock Bonus Plan
Employee Stock Ownership Plan
401(k) Plan
Defined Benefit
Defined Benefit Pension
Annuity Plan
SIMPLE Plans
Self-Employed Plans
Individual Retirement Accounts
Penalty-Free Withdrawals
Roth IRA - §408A
Tax-Deferred Annuities
Mechanics
Types of Deferred Annuity
Fixed Annuity
Variable Annuity
Minimum Investment & Charges
Simplified Employee Pension (SEP) Plan
Investment Assets
Matching Income to Expenditures
Participant Loan Regulations
Additional Loan Requirements
DOL Regulations
Installment Sales
Requirements
Late Election Out of Installment Method
Formula
Mortgage in Excess of Basis
Recapture
Dealers
At Risk Rule
Application
Nonrecourse Financing
Qualified Nonrecourse Financing
Qualified Persons
Deferred Compensation
Options
CHAPTER 5 - REDUCTION
Tax Credits
Work Opportunity Tax Credit (WOTC) – §51
Computation
Welfare-to-Work & Work Opportunity Credits Merged
Certification Trap
Welfare-to-Work Tax Credit (Merged into WOTC) - §51A
Research & Development Credit (Expired) - §41
Enhancements for 2007
Rehabilitation Tax Credit - §47
Credit Rates
Residential vs. Nonresidential
External Wall Requirement
Basis Reduction
Low Income Housing Credit - §42
Amount of Expenditure
Set Aside Requirement
Qualifying Units
Gross Rent Limitation - 30%
Section 8 Assistance Exclusion
Recapture of Credit
30-Year Rule
State Credit Ceiling
AGI Limitation
Child & Dependent Care Credit - §21
Eligibility
Employment Related Expenses
Qualifying Out-of-the-home Expenses
Payments to Relatives
Allowable Amount
Identification of Provider
Estimated Taxes
General Rule
Annualized Method
Cash-Saving Strategies
Underpayment Cautions
Tax Refund Trap
Basic Deductions
Interest
Personal Interest - Repealed
Investment Interest
Prepaid Interest
Points
Huntsman Case
Prepayment Penalty
Interest on Real Estate
Rental Property
Home Owners
Automobile Deductions
Employee Automobile Deductions
Business/Personal Proration
Actual Cost Method
Standard Mileage Rate
Limitations on Standard Mileage Method
Must Be an Individual
Switching Methods
Claiming Deductions
Records
Mileage Records
Depreciation Traps
Percentage Test
Depreciation “Recapture”
Depreciation Limits for Autos
Leasing Restrictions
Mileage Allowance for Leased Autos
First-year Expensing - §179
Commuting - Local Business Transportation
Revenue Ruling 90-23 - Superseded
Temporary Work Site Definition
Reserve Units
Reimbursements
Revenue Ruling 99-7
Business Entertainment
Directly Related Test
Associated Test
Statutory Exceptions
Food and Beverages for Employees
Expenses Treated as Compensation
Reimbursed Expenses
Recreational Expenses for Employees
Employee, Stockholder and Business Meetings
Trade Association Meetings
Items Available to Public
Entertainment Sold to Customers
Expenses Includible in Income of Non-employees
Depreciation & Cost Recovery - §167 & §168
Personal Property
ACRS - §168
Applicable Percentage
Straight-line Election
MACRS
Recovery Classes
MACRS Elections
Straight-line
150% Declining Balance
Bonus (or Additional First Year) Depreciation
Qualifying Property
Coordination with §179
MACRS Conventions
Election to Expense Assets - §179
Income Limitation
Carryover
Deduction Reduction
Employee Restriction
Recapture - §1245
Net Operating Losses - §172
Creation of a NOL
Individual NOLs
Carrybacks & Carryovers
Temporary 5 Year Carryback - Expired
Further Limitations
Corporate NOLs
Tax Breaks for Nonitemizers
Adjustments
Credits
Amended Returns
Audit Avoidance
Safest Amendments
Not-So-Safe Amendments
CHAPTER 6 - INCOME SPLITTING
Using Progressive Tax Rates
Splitting Income among Group Members
Wealth Allocation
Major Formats
Unincorporated Business
Deductible Business Expenses
Home-Office Deduction
Requirements - §280A
Non-Exclusive Use Exceptions
Income Limitation
Home Office Deduction After 1998
Analysis
Retirement Plans
Hiring Your Children
Hiring Your Spouse
Travel Expenses
Casualty Losses
Bad Debts
Self-Employment Tax
Incorporation
“C” or Regular Corporation
Planning Considerations
When to Incorporate
Formation
Cash for Stock
Property for Stock
Stock for Services
Stock for Debt
Repeal of the “General Utilities” Doctrine
Corporate Assets
Leasing
Lessor
Gift & Leaseback
Sale & Leaseback
“S” Corporation
Single Taxation
S Corporation Return
Planning Considerations
Tax Advantages
Formation
Corporations That Qualify
Income-Splitting
Estimated Tax Payments
Family Partnership
Partner’s Distributive Share
Partnership Return
Schedule K-1 (Form 1065)
Family Partnerships
Family Members
Capital
Children as Partners
Earned Income
Gift of Capital Interest
Custodianship & Children
Taxation
Kiddie Tax Trap
Planning Points
Income-Shifting Investments
US Savings Bonds
Municipal Bonds
Growth Stock
Real Estate
Child Care & Education
Nursery School & Day Care - §21
Special Schools
Credit Plus Special School Expenses
Employer Dependent Care Program - §129
Education Savings Bonds - §135
Notice 90-7
Interest on Education Loans - §221
Buying an Off-campus House
Status as Second Home
Status as Rental Property
Gifting Gain for Education Expenses
Gifts
Gifts by Check
Facts
Holding
Interest Free Loans
De Minimis Exception
Special Rule for Gift Loans
CHAPTER 7 - ELIMINATION
Former Age 55 Exclusion - Repealed
$500,000 Home Sale Exclusion - §121
Two-Year Ownership & Use Requirements
Tacking of Prior Holding Period
Vacant Land
Mixed Business & Residence Use
Prorata Exception
Safe Harbor Regulations
Change in Place of Employment
Health
Unforeseen Circumstances
Use of Old §1034 & §121 - Gone A Longtime Ago
Limitations on Exclusion
Renting to Parents
Parent’s Benefits
Children’s Benefits
Municipal Bonds
Tax-Exempt Interest on Qualified State or Local Obligations
Reporting
Private Activity Bonds
Divorce & Separation Settlements
Alimony
Child Support
Property Division
Dependency Exemption
Gifts & Inheritances
Basis of Gift
FMV Less Than Donor’s Adjusted Basis
FMV More Than Donor’s Adjusted Basis
Holding Period
Income from Property Given to a Child
Life Insurance
Proceeds Not Received in Installments
Proceeds Received in Installments
Fringe Benefits
Prizes & Awards - §74(b)
Group Life Insurance Premiums - §79
Table I
Accident and Health Plans - §106 & §105
Meals & Lodging - §119
Cafeteria Plans - §125
Educational Assistance Program - §127
Dependent Care Assistance - §129
Reporting Requirements for Dependent Care Programs
Cash Reimbursement Plans
In-kind Assistance
Section 132
No Additional Cost Services - §132(a) & (b)
Qualified Employee Discounts - §132(c)
Services - §132(c)(1)
Property - §132(c)(2) & (4)
Working Condition Fringe Benefits - §132(d)
De Minimis Fringe Benefits - §132(e)
Spousal Insurance
Transportation Fringe Benefits - §132(f)
Moving Expense Reimbursements - §132(a)(6)
Retirement Planning Services - §132(a)(7)
Athletic Facilities - §132(j)
Nondiscrimination Under §132
Taxation & Valuation of Benefits
Valuation Provisions
Leased Cars
Purchased Cars
Fleet-Average Rule
Cents-Per-Mile Valuation
Commuting Valuation Rule
Chauffeur Services
Eating Facilities
Meal Subsidy Rule
ERISA Compliance
Welfare Plans
Additional Requirements
Employee Expense Reimbursement & Reporting
Family Support Act of 1988
Remaining Above-The-Line Deduction
Accountable Plans
Reasonable Period of Time
Fixed Date Safe Harbor
Period Statement Safe Harbor
Adequate Accounting
Per Diem Allowance Arrangements
Federal Per Diem Rate
Related Employer
Meal Break Out
Partial Days of Travel
Usage & Consistency
Unproven or Unspent Per Diem Allowances
Travel Advance
Reporting Per Diem Allowances
Reimbursement Not More Than Federal Rate
Reimbursement More Than Federal Rate
Nonaccountable Plans
Fixed & Variable Rate (FAVR) Allowances - R.P. 90-34
Elements
Periodic Fixed Payment
Periodic Variable Payment
Limitations
Record keeping
Social Security
Earnings Record
Payments Exempt from Social Security
Social Security Checkup
Form SSA-7004
Form SSA-7050
CHAPTER 8 - ESTATE PLANNING
Unlimited Marital Deduction
Outright To Spouse
Marital Deduction Trust
Qualified Terminable Interest Property Trust
Applicable Exclusion Amount
Spousal Portability of Unused Exemption Amount - §2010(c)(2)
Stepped-up Basis & Modified Carryover Basis
Modified Carryover Basis - §1022
Limited Basis Increase for Certain Property
2010 Special Election
Basic Estate Planning Goals
Primary Dispositive Plans
Simple Will
Danger for Larger Estates
Probate
Assets Not Subject to a Will
Assets Subject to a Will
Trusts
Types of Trusts
Living Trusts
Testamentary Trusts
Revocable & Irrevocable
Living “A-B” Revocable Trust
Living “A-B-C” (QTIP) Trust
Impact of Spousal Portability on Trust B under TUIRJCA
Charitable Trusts
Charitable Remainder Trusts
Charitable Income Trusts
Insurance Trusts
Family Documents
Living Will
Property Agreement & Inventory
Durable Power Of Attorney
Power of Attorney for Health Care
Conservatorship
Funeral Arrangements
Anatomical Gifts
Private Annuity?
Advantages to the Transferor
Disadvantages to the Transferor
Advantages to the Transferee
Disadvantages to the Transferee
Regulations Restrict Private Annuity Income
CHAPTER 9 - ASSET PROTECTION
Why Asset Protection?
Situations That Create Danger
Sources of Lawsuits
Types of Liability
Basic Protection Concepts
Types of Creditors
Evading Creditors
Fraudulent Transfers
Badges of Fraud
Statute of Limitations
Criminal Penalties
Permissible Asset Transfers
Asset Protection Goals
Preparation
Insurance
Homeowners Insurance
Automobile Insurance
Disability Insurance
Life Insurance
Life Insurance Trust
Buy-Sell Agreements
Definition
Asset Protection Aspects of Common Entities
Individual Ownership
Sole Proprietorship
Corporate
C Corporation
No Pass Through
The S Corporation - §1361
Trusts
Types of Trusts
Revocable Trust
Land Trusts
Irrevocable Trusts
Testamentary Trust
Business Trusts
Foreign Trusts - §679
Asset Protection Trusts - APTs
Foreign Jurisdictions
Alternatives
Income Taxation
Estate & Gift Tax
Creditor Protection
Family Trusts
Medicaid Trust
Grantor Retained Income Trust
Co-Tenancy
Tenancy in Common
Varying Percentages
No Survivorship
Joint Tenancy with Right of Survivorship
Equal Percentages
Tenants by the Entirety
Right of Partition
Partnership
Family Partnerships
Charging Orders
Phantom Income to Creditor
Tax Issues
Estate Savings
Income Tax Savings
Limited Liability Company
Retirement Plan
Retirement Fund Protection in Bankruptcy
Custodianship
Estate
Divorce
Premarital Agreements
Uniform Premarital Act - The California Example
Permitted Items of Agreement
Unenforceable Items
Retirement Equity Act of 1984
Benefits of a Premarital Agreement
Post-Nuptial Agreements
Glossary