Posts Tagged ‘berkshire hathaway inc’

Multi-generational planning means more wealth for all.

Monday, March 30th, 2009

While browsing though my small mountain of files looking for ideas on what to write, I ran across a timely and interesting article in an old issue of Newsweek titled, “Darling, It’ll All Be Yours — Soon.” The article explains how “the inheritance boom is quietly reshaping how we think about death.” How true.

When I began my professional practice as a certified public accountant and lawyer back in the 1950s, a millionaire was hard to find. Today, millionaires are plentiful. And when it comes to estate planning, they scurry around trying to find a professional who can lower their estate tax before they get hit by the “final bus.” The Newsweek article by Robert J. Samuelson, like so many other articles, entertainingly explored the problem but offered no solutions.

Let’s set the scene for how you — whether mom and dad trying to give it away tax-free or one of the kids on the receiving end — can, in fact, solve the problem. Let’s start with the elders, mom and dad, who have the wealth.

Fact number one: You aren’t dead yet. Typical estate plans, such as separate wills and trusts for him and her, don’t speak until you are dead — too late to beat the tax collector. The solutions lie in lifetime planning. A lifetime plan keeps you in control of your wealth for as long as you live, yet transfers it—including your business—to your kids (and grandkids) while you are alive.

Fact number two: Years of experience have taught us that wealth is always passed to the younger generations of the family. And then the younger generations step into mom’s and dad’s shoes and typically increase the family wealth.

This gives the second generation an even bigger estate tax problem than mom and dad had.

Here’s how we solve this do-not-enrich-the-IRS estate-tax problem:

Logic tells you that children, particularly business children, are likely to become wealthy.

Usually these children accumulate more wealth than their mom and dad — to be repeated again when the family wealth goes to the grandchildren two generations later. Because of this generation-to-generation wealth transfer, we view each generation of the family separately in terms of their special needs and objectives.

Yet, the plan should not be just for mom and dad. It should be a comprehensive and integrated plan for the entire family. Following is an overview of how it’s done.

Keep your wealth — every dollar of it — in your family, instead of losing it to taxes.

• First Generation. Install a lifetime plan that removes wealth from your taxable estate during life. Use strategies like a qualified personal resident trust for your residence; an intentionally defective trust for your business; a subtrust for your profit-sharing plan, rollover IRAs and similar plans; a family limited partnership for your other assets (typically investments, like stocks, bonds and real estate); and an irrevocable life insurance trust for insurance, probably second-to-die. All of these strategies — and there are many others — begin their work now while you are alive and allow you to stay in control of your assets, including your business, for as long as you live.

Of course, we’ll dovetail your will and trust (death documents) with your lifetime plan. But when done right, your death documents just clean up what’s left. The first part of the family plan, including a business succession plan, and your wealth transfer plan are completed tax-free while you and your spouse are alive.

• Your Kids—Second Generation. After completing a comprehensive plan for mom and dad, it is easy to project what the financial future of the kids might look like. As soon as we finish the plan for the first generation, we start a plan for each of the kids, based on their individual assets and objectives.

• Your Grandchildren— Third Generation. The plans for this generation are closely tied to the plans of the two older generations. Probably the most important point to keep in mind, because of the young ages in this generation, is getting the children into a tax-free environment as soon as possible, a wealth-building must. These plans center on short-term and long-term tax-advantaged strategies that fulfill lifetime needs: education, buying a house, starting a business and, if they don’t go in to the family business, building a retirement fund.

Senior settlements an easy way to get high rate of return!

Friday, March 27th, 2009

When giving my tax-planning, wealth-building seminars, I usually ask the audience, “Do you know the ‘Rule of 72′ and how it works?”

Typically, about one-third of the people raise their hands.

Then I explain the wonderful, helpful Rule of 72:

“Write the number 72 on a piece of paper. Assume you can get a 10 percent rate of return.

Divide 10 into 72. You get 7.2.

What that means is your principal sum will double every 7.2 years.

“For example, $10,000 compounding for a period of 36 years will double exactly five times and give you $320,000.

Stop for a minute — do the simple math yourself. Fun, eh?”

But wait! What if that 10 percent return was subject to a 40 percent state and federal income tax? Then you would have only a 6 percent return — 72 divided by six means 12 years to double your money.

Now your $10,000 will double only three times over the same 36-year period ($10,000 to $20,000, $20,000 to $40,000, and $40,000 to $80,000).

Compare that $80,000 with $320,000 when tax-deferred (or tax-free). A huge difference.

So, now we know two factors that are measurably important to creating wealth: rate of return and tax deferment.

Let’s explore tax deferment first.

If you have money in a qualified plan — 401(k), profit-sharing, IRA or other qualified plan — you are on the tax-deferred road. If you are the proud owner of a Roth IRA or the new Roth 401(k), you can wave your tax-free flag.

Now the hard part: the rate of return. How would you like to average more than a 16 percent rate of return per year? You can. The concept is called senior settlements, or SS.

Let me introduce you to senior settlements by quoting a May 18 article from The Wall Street Journal titled Moving the Market:

AIG (the insurance giant) has bought less than 1,500 policies since 2001, according to spokesman Wil Nans.

“The industry’s annual returns of 10 percent to 15 percent first attracted European and Asian investors. And a few years ago, Berkshire Hathaway Inc., the investment vehicle of billionaire investor Warren Buffett, began buying life settlements, according to securities filings.”

A senior settlement is simply the purchase of an existing insurance policy from a senior (65 or older) by an investor.

The selling senior, who no longer wants to pay premiums, gets a much larger price for the policy than by taking the cash surrender value from the insurance company. The senior wins. The investor wins by making a large profit without risk (the senior is sure to die).

Can you become one of the investors? Yes. A public company trading on the Nasdaq makes it easy. The average rate of return on senior settlements is 16.36 percent per year and has been more than 16 percent throughout the company’s 14-year operating history.

You can become a senior-settlement investor in one of three ways: taxable, tax-deferred or tax-free. Following are the most common possibilities:

Taxable. You use your own funds or funds you control, like your corporation or other business entities, family limited partnerships and any noncharitable trust.

Tax-deferred. Almost everyone can play this profitable game via a qualified plan. The trustees of pension plans or other plans that are not self-directed can join the profitable fun by investing the plan funds in senior settlements for the benefit of all participants.

Tax-free. A Roth IRA or Roth 401(k) can fatten your tax-free accumulations. Charitable entities — charitable remainder and lead trusts and family foundations — are a perfect fit.

As you can see, we have a very positive attitude toward the potential wealth-building power of senior settlements.

But since senior settlements are probably new to almost everyone reading these words, here’s a suggestion:

Show this column to you professional advisers — CPA, lawyer, banker, financial planner and others.

Discuss senior settlements from at least these two aspects concerning your investments (taxable or otherwise):

1. The next time you are about to make an investment, determine how senior settlements compare with other possible investment choices.

2. Compare existing investments with your long-term (don’t forget to apply the Rule of 72) and short-term (about three to five years) goals.