Posts Tagged ‘iras’

A Risk-Free Concept To Skyrocket Your Rate Of Return

Wednesday, April 15th, 2009

Tax-free investments are big. Interesting, tax-deferred investments are even bigger. Logically, tax-free should be number one. Sorry, but the cruel fact is that with the exception of life insurance (got to die to get your tax-free reward) or municipal bonds (plagued by low rates of return), there just isn’t much to talk about that’s tax free. Sad, but true.

Ah, but tax-deferred. That’s where the action is. The biggest tax-deferred sandbox to play in, by far, is the qualified plan area. They — profit-sharing plans, 401(k) plans, IRAs of all sorts, and others — abound. Billions pour in every year. Employer-sponsored plans are usually the tax-weapon of choice. Non-employer plans (traditional and Roth IRA) give every taxpayer an opportunity to play in this sandbox.

But IRAs have dollar limits. Tax-deferred annuities (annuities) have no limits. You can toss as many dollars as you like into annuities. All are after-tax dollars. Not one cent is deductible. Annuities earning powers are low (more about this defect later). Severe penalties murder your dollars if you want to get out in the early years. Simply put, there’s no liquidity.

So what’s the magnet that draws billions of dollars into this not-such-a-good-deal-investment? Here’s the answer and the magic words: tax deferred.

A word about annuity rates of return: Fixed annuities are the most popular. They currently pay in the three to three and a half percent range per year. (Older annuities, when interest rates were higher, paid more.) The new darling is indexed annuities. Your yield is pegged to some index, typically the S&P, on an annual basis. Often in a (say the S&P) loss year, you are guaranteed a small yield (usually in the one and a half to three percent range). A small percentage rise (say four percent) in the S&P is the exact percentage (four percent) you get, but a large rise is capped at six percent to eight percent (for example, the S&P increased by 14 percent but you only get seven percent.

Okay, so what’s a tax-deferred investment that doesn’t have all the impediments of annuities and has a huge rate of return without risk? Senior settlements.

An example is the easiest way to explain senior settlements. Suppose Joe, age 68, has a $400,000 life insurance policy with a cash surrender value (CSV) of $50,000. Joe would like to stop his annual premium payments. Instead of canceling the policy and taking the $50,000 CSV from the insurance company, Joe sells his policy as a senior settlement, receiving $120,000. Joe’s a happy camper.

Investors bought Joe’s policy. Senior settlements have been around for about 35 years. The tax consequences are a delight. Your tax liability for profits are completely deferred to the day you actually receive back your entire investment and your entire profit.

There’s a public company (trades on the NASDAQ) offering senior settlements. The average rate of return has been 15.82 percent per year throughout the company’s 15-year operating history. If your goal is to make a killing on your investments, senior settlements are not for you. (Just a note: AIG, the giant insurance company, and Warren Buffett’s Berkshire Hathaway Inc. invest in senior settlements.) But if an average rate of return (almost 16 percent), with no market risk, is of interest to you (or one or more of your qualified plans) you are invited to learn more about senior settlements. Just fax me (239-417-9045) your name, address, phone numbers (business/home/cell) and estimated amount to invest (minimum is $50,000 for accredited investors.)

Stop IRS from taking most of the dollars in your retirement plan

Thursday, March 26th, 2009

I am about to kill a few sacred cows. Qualified-employee-benefit-plan cows to be exact. This is a painful subject.

The best introduction I ever heard of the subject was in a speech by Jonathan Blattmachr, a brilliant New York estate-planning lawyer, who said:

“What I’m going to talk about now is the most heavily taxed receipt in estate planning. …

“It is called income in respect of a decedent, typically known by its initials, IRD.

“I could tell you the story about the physician who came to me with $8 million in IRAs and pension plans. Within a year after he died without planning, his estate had been whittled down to under $800,000. …

“Everybody you know in your neighborhood, the lawyers, the doctors and dentists, are loaded up with income in respect of a decedent.”

And add owners of closely held businesses to the list of those who can get clobbered by IRD. In fact, anyone who has accumulated even a small amount of dollars in a qualified retirement plan is an IRD disease carrier. The disease eats the dollars in pension plans, profit-sharing plans, 401(k) plans and similar plans.

Can it be cured? Yes.

My usual explanation of IRD to a client — “The IRS gets 70 percent or more, while your family gets 30 percent or less” — has a predictable response, ranging from a look of horror to an expletive utterance.

How does this tax robbery take place?

Well, if you are in a high tax bracket and take a distribution during your life from your qualified plan, you are hit with about a 40 percent income tax, including state and federal. Say each distribution is $100,000. This leaves you $60,000.

When you die, another 50 percent (it could be as high as 55 percent) for estate taxes slices the $60,000 in half. Now only $30,000 (30 percent of the $100,000) is left for your family. Taxes gobbled up $70,000.

What if you die with money in your qualified plan? The balance in your account is taxed twice as IRD — once for income tax and a second time for estate tax.

Result? The same 30 percent tax disaster as in the when-you-were-alive example. Yep, 30 cents of each dollar for your family, 70 cents to the tax collector.

A new concept (as far as I know, this author was the first person to write and lecture about it) called the “IRD-avoidance concept” can turn that 30 cents back into a dollar (or $300,000 back into $1 million or whatever the number may be).

Although complex to implement, the concept can be explained as a simple three-step process:

– The plan participant (let’s call him Joe) takes his distribution in the form of an annuity payable for life.

– Joe collects the annuity payments for life.

– Joe uses an irrevocable life insurance trust (often called the “super trust”) to purchase a life insurance policy, using the after-tax balance of the annuity payment to pay the premiums.

What are the tax results?

– Income tax: tax-free.

Estate tax: no value at death, so no estate tax.

– Income tax: taxable as ordinary income.

Insurance proceeds are free of estate tax and income tax.

If you have about $350,000 or more in your qualified plans (add your pension, profit sharing, 401(k) and IRAs together), you owe it to yourself and your family to check with your tax professional to determine how the IRD-avoidance concept can save you and your family huge amounts of taxes, and also create wealth greater than the original amount in the plans.

Do it.