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Vacation Home Swaps Get Safe Harbor

       Your clients might own a getaway home in the country, a cozy cottage on a lakeshore, a condo on the oceanfront or a rustic cabin in the mountains. When they sell it, they may recognize gain without the benefit of the principal residence exclusion in IRC §

Retirement Planning

The AICPA and Department of Labor have released an online video, “Choosing a Retirement Solution for Your Small Business,” to assist small employers and accountants with employee retirement program options. Using the real-life experiences of four small employers who operate Simplified Employee Pension, SIMPLE IRA and 401(k) plans, the video

Wealth Harvesting: More Than Just Retirement or Succession Planning

EXECUTIVE SUMMARY The first step in developing a wealth harvesting plan is to identify the client’s departure objectives, focusing on four categories: providing for the client and the people and causes they care about; ensuring a smooth and successful succession; protecting assets; and developing tax-smart strategies. It takes a variety

Watch Out for Private Annuities

EXECUTIVE SUMMARY With the release of Prop. Treas. Reg. §§ 1.72-6(e) and 1.1001-1(j) in October 2006, the Treasury and IRS have signaled their intent to recognize gain or loss at the time of exchange of property other than money for an annuity contract. Previously, taxpayers may have recognized such gain

Investing Dos and Don’ts for This (and Every) Market Cycle

    Mark Twain wrote, “History doesn’t repeat itself, but it does rhyme.” With the recent extraordinary events that have rattled the markets and investors, it pays to heed historical precedent and apply (often forgotten) lessons to the current economic cycle. These dos and don’ts should help investors navigate the

Smart Stops on the Web

       WEALTH MANAGEMENT   PFP CLASSES 2.0 http://pfp.aicpa.org/Events/PFP+and+PFS+Web+Seminars.htm Visit this site from the AICPA’s Personal Financial Planning Center to register for upcoming Web seminars on sophisticated IRA and AMT strategies and overcoming common challenges in PFP practices. Through the Web seminar format, participants can interact with fellow financial

Capital With a Conscience

     EXECUTIVE SUMMARY Private foundations must distinguish between what are sometimes called mission–related investments and program–related investments (PRIs). PRIs enable private foundations to make venture capital–type investments that might otherwise be penalized under the IRC as “jeopardizing,” that is, risky. Mission–related investments, although not technically defined, nonetheless have their

Virtues and Evils of Life Settlement

EXECUTIVE SUMMARY Life settlement, in which life insurance policies are sold in a secondary market, has become a major financial market and viable opportunity for CPA clients to convert unneeded policies for more than their cash surrender value (CSV), often with favorable tax treatment. As an indicator of interest in

Data Point: $225,000

Savings a 65-year-old couple retiring this year needs to cover medical costs in retirement, a 4.7% increase over the 2007 estimate of $215,000.   Source: Fidelity Investments, www.fidelity.com.

UBTI Subject to Excise, Not Income Tax

In new proposed regulations issued March 6, the IRS amended regulations under IRC § 664(c) to provide that charitable remainder trusts with unrelated business taxable income (UBTI) are now exempt from federal income tax but are subject to a 100% excise tax on the UBTI. These changes are necessary to

Check Your Parachute

The IRS provided temporary relief from its new, tougher stance on qualifying performance-based compensation exempt from the general $1 million deductibility limit on executive pay. In Revenue Ruling 2008-13, the Service officially adopted a controversial holding from an earlier private letter ruling but said the treatment will not be applied

A Not-So-Speedy Recovery

The Court of Federal Claims applied rules on theft loss subject to recovery in a holding that recognized a deduction later than it was initially claimed by a taxpayer but, for a portion of the loss, sooner than the IRS had allowed. Casualty and theft losses are deductible under IRC

When “Happily Ever After” Ends – Get It in Writing

After the perfect wedding, the happy couple looks forward to sharing a lifetime of happiness. Life, however, does not always go as planned. Divorce happens. In addition to the emotional aspects, there are tax consequences to deal with as well. If the parties intend to have one spouse receive alimony,

New Split-Interest Return Form

The IRS recently issued a revised Form 5227, Split-Interest Trust Information Return, for use in preparing returns for tax years beginning on or after Jan. 1, 2007. Among its numerous changes, the most significant are: Charitable split-interest trusts are no longer required to file Form 1041-A, Trust Accumulation of Charitable

FLPs That Flop

In several recent cases, the IRS successfully challenged attempts to exclude from taxable estates assets transferred to family limited partnerships (FLPs, or “flips”) in which a decedent had retained the right to enjoy the property or income from it. Besides reducing estate taxes, purposes of FLPs include liability protection and

On Equal Terms

Rep. Rick Boucher, D-Va. (9th District), has been at the forefront of efforts to stop patents on tax planning methods. With a fellow Virginian from across the aisle, Rep. Bob Goodlatte, R-Va., and Rep. Steve Chabot, R-Ohio, Boucher introduced HR 2365, a free-standing bill, to limit damages for infringements on

This Sold House

The Tax Court recently held that a couple could exclude gain from the sale of one of their two residences, since during the five-year period preceding the home’s sale, it was used as the couple’s principal residence for the requisite two-year period. The taxpayers were not allowed to exclude the

Advising Private Foundations

In the arsenal of estate planning, private foundations have traditionally ranked among the big guns. With their relative formality and extensive tax rules, they have been considered the province of the truly wealthy – people with $1 million or more to dispose of charitably. The belief that lesser largesse could

Trust-Owned Life Insurance: The CPA’s Role

Many CPAs recommend that their high-net-worth clients use trust-owned life insurance (TOLI) as the cornerstone of their estate plan. In addition, many CPAs choose to serve as trustees of such trusts. CPAs who are considering accepting a trustee designation should be well aware of the hazards inherent to the task

FROM THIS MONTH'S ISSUE

Tax-efficient drawdown strategies in retirement

Want to stretch retirement funds and avoid tax pitfalls? This article shares tips and models for smarter drawdown strategies that maximize after-tax wealth, manage Social Security and Medicare impacts, and minimize surprises. Also see: Tax season preview and quick guide.