Wednesday, July 20, 2011

What Happens to My Retirement Assets in the Event of a Divorce?

Federal law requires that participants in employer-sponsored retirement plans designate their spouse as their beneficiary unless the spouse waives this right in writing. Assuming that you and your spouse adhered to this practice, a document known as a Qualified Domestic Relations Order (QDRO), which is part of a divorce settlement, specifies how retirement assets are divided.
A QDRO specifies the amount or portion of a plan participant's benefits that are paid to a spouse, former spouse, child, or other party. A QDRO typically governs assets within a retirement plan such as a pension, profit-sharing plan, or a tax-sheltered annuity. Benefits paid to a former spouse typically are considered income for tax purposes. If you contributed to your retirement plan, a prorated share of your investment is used to determine the taxable amount.
Former spouses on the receiving end of a lump-sum distribution mandated by a QDRO may be able to roll over the money tax free to a traditional individual retirement account or to another qualified retirement plan. Following such a transfer, assets within the plan are subject to rules that would normally apply to the retirement plan. If you transfer assets within a traditional IRA to your spouse as part of a divorce decree, the transfer is not considered taxable and the assets are treated as your former spouse's IRA.
Procedural Issues
QDROs are governed by rules established by the U.S. Department of Labor. In most instances, a judge must formally issue a judgment or approve a settlement agreement before it is considered a QDRO. The fact that you and your soon-to-be-former spouse have signed an agreement is not adequate for a QDRO to take effect. Also, following an order issued by a judge, the administrator of the retirement plan affected by the QDRO must determine whether the court order qualifies as a QDRO according to the rules of the labor department.
Note that retirement assets are part of a broader financial picture that may include your home, taxable investments, personal property, and other assets. It is not mandated that your spouse receive a portion of your retirement assets in the event of a divorce. You and your spouse may negotiate another type of arrangement that permits you to retain your retirement assets while granting other assets to your spouse. In addition, a prenuptial agreement, depending on its provisions, could potentially limit your spouse's rights to your assets.
You may want to consult a divorce lawyer and your financial advisor to determine whether federal laws relating to retirement accounts apply to your situation.
© 2011 McGraw-Hill Financial Communications. All rights reserved.



July 2011 — This column is provided through the Financial Planning Association, the membership organization for the financial planning community, and is brought to you by Troy Jones, a local member of FPA.

Tuesday, July 19, 2011

Statistic Or Tragedy?

One of my all time favorite sayings is—“When a thousand people die, it is a statistic.  When one person dies, it’s a tragedy.”   I have found it difficult sometimes in today’s world of trillions of dollars and 24 hour news to connect personally with people from outside my daily routine.  This is a photo of Amy Williams, an Oklahoma volunteer, with a student in Uganda to whom I have sent tuition money for several years.  When I look at the picture, I wonder about her as a person in ways that just sending the money doesn’t address. How can we improve our personal connection with communities outside our own?  If you have your own stories, please feel free to send them along with a photo if you have one.

Friday, July 15, 2011

How Can I Tell Whether It Is A Good Time To Refinance My Mortgage?

It may be worthwhile to refinance if you can lower your monthly payment by a significant margin and you plan to stay in your home long enough to recoup the cost of refinancing.

To Refinance or Not
Consider this example: If you had a $200,000, 30-year mortgage with an 8% interest rate, your monthly payment would be $1,468. If you refinanced at 6%, your new monthly payment would be $1,199, a savings of $269 per month. Assuming your new closing costs amounted to $2,000, it would take eight months to break even. ($269 x 8 = $2,152) If you planned to stay in your home for at least eight more months, then a refinancing would be appropriate under these conditions. If you planned to sell the house before then, you might not want to bother refinancing.

All Mortgages Are Not Created Equal
When considering whether to refinance, don't choose a mortgage based only on its stated annual percentage rate (APR), because there are many other important variables to consider.
      The term of the mortgage Shorter terms can result in significantly reduced interest costs over time. On the other hand, they may require higher monthly payments.
      The variability of the interest rate An adjustable rate may be lower initially when compared with a fixed rate, but adjustable rates are likely to move upward over time. With a fixed rate, there is greater certainty regarding your monthly payment over the life of the mortgage.
      Points Also known as origination fees, points are paid to a lender or mortgage broker at closing. One point usually equals one percent of the loan's value. Mortgages described as "no-cost" or "zero points" do not carry this upfront cost but may charge a higher interest rate, which may add to the long-term cost of the loan.
      Other mortgage-related fees When you refinance, you may pay a mortgage broker fee (assuming you do not go directly to a bank or other lender), a title insurance premium, a commitment fee, attorney or settlement fees, an appraisal fee, and other costs that add up quickly.
The amount of money you may save and how long you plan to live in your home are key variables that influence whether you should refinance your mortgage.


How Much Could You Save by Refinancing?
 











A homeowner with a 30-year, $200,000 mortgage charging 8% interest would pay $1,468 each month. This table illustrates the potential monthly savings and the various break-even periods (assuming $2,000 in closing costs) that would result from refinancing at different rates.
Source: ChartSource, Standard & Poor's. Months to break even rounded up to the next highest month. Does not consider the impact of taxes. (CS0000215)
© 2011 McGraw-Hill Financial Communications. All rights reserved.



July 2011 — This column is provided through the Financial Planning Association, the membership organization for the financial planning community, and is brought to you by Troy Jones, a local member of FPA.

Tuesday, July 12, 2011

Five Strategies for Tax-Efficient Investing

Key Points

• Invest in Tax-Deferred and Tax-Free Accounts

• Consider Government and Municipal Bonds

• Look for Tax-Efficient Investments

• Put Losses to Work

• Keep Good Records

• Points to Remember


As just about every investor knows, it's not what your investments earn, but what they earn after taxes that counts. After factoring in federal income and capital gains taxes, the alternative minimum tax, and any applicable state and local taxes, your investments' returns in any given year may be reduced by 40% or more.


For example, if you earned an average 8% rate of return annually on an investment taxed at 28%, your after-tax rate of return would be 5.76%. A $50,000 investment earning 8% annually would be worth $107,946 after 10 years; at 5.76%, it would be worth only $87,536. Reducing your tax liability is key to building the
  value of your assets, especially if you are in one of the higher income-tax brackets. Here are five ways to potentially help lower your tax bill.1

Invest in Tax-Deferred and Tax-Free Accounts

Tax-deferred accounts include company-sponsored retirement savings accounts such as traditional 401(k) and 403(b) plans, traditional individual retirement accounts (IRAs), and annuities. Contributions to these accounts may be made on a pretax basis (i.e., the contributions may be tax-deductible) or on an after-tax basis (i.e., the contributions are not tax-deductible). More important, investment earnings compound tax deferred until withdrawal, typically in retirement, when you may be in a lower tax bracket. Contributions to nonqualified annuities, Roth IRAs and Roth-style employer-sponsored savings plans are not tax-deductible. Earnings that accumulate in Roth accounts can be withdrawn tax free if you have held the account for at least five years and meet the requirements for a qualified distribution.
Pitfalls to avoid: Withdrawals prior to age 59½ from a qualified retirement plan, IRA, Roth IRA, or annuity may be subject not only to ordinary income tax, but also to an additional 10% federal tax. In addition, early withdrawals from annuities may be subject to additional penalties charged by the issuing insurance company. Also, if you have significant investments, in addition to money you contribute to your retirement plans, consider your overall portfolio when deciding which investments to select for your tax-deferred accounts. If your effective tax rate -- that is, the average percentage of income taxes you pay for the year -- is higher than 15%, you'll want to evaluate whether investments that earn most of their returns in the form of long-term capital gains might be better held outside of a tax-deferred account. That's because withdrawals from tax-deferred accounts generally will be taxed at your ordinary income tax rate, which may be higher than your capital gains tax rate (see "Income vs. Capital Gains").

Income vs. Capital Gains

Generally, interest income is taxed as ordinary income in the year received and qualified dividends are taxed at a top rate of 15%. A capital gain (or loss) -- the difference between the cost basis of a security and its current price -- is not taxed until the gain or loss is realized. For individual stocks and bonds, you realize the gain or loss when the security is sold. However, with mutual funds you may have received taxable capital gains distributions on shares you own. Investments you (or the fund manager) have held 12 months or less are considered short term, and those capital gains are taxed at the same rates as ordinary income. For investments held more than 12 months (considered long-term), those capital gains are taxed at no more than 15%. The actual rate will depend on your tax bracket and how long you have owned the investment.
Consider Government and Municipal Bonds

Interest on U.S. government issues is subject to federal taxes but is exempt from state taxes. Municipal bond income is generally exempt from federal taxes, and municipal bonds issued in-state may be free of state and local taxes as well. An investor in the 33% federal income-tax bracket would have to earn 7.46% on a taxable bond to equal the tax-exempt return of 5% offered by a municipal bond, before state taxes. Sold prior to maturity or bought through a bond fund, government and municipal bonds are subject to market fluctuations and may be worth less than the original cost upon redemption.
Pitfalls to avoid: If you live in a state with high state income tax rates, be sure to compare the true taxable-equivalent yield of government issues, corporate bonds, and in-state municipal issues. Many calculations of taxable-equivalent yield do not take into account the state-tax exemption on government issues. Because interest income (but not capital gains) on municipal bonds is already exempt from federal taxes, there's generally no need to keep them in tax-deferred accounts. Finally, income derived from certain types of municipal bond issues, known as private activity bonds, may be a tax-preference item subject to the federal alternative minimum tax.

Look for Tax-Efficient Investments

Tax-managed or tax-efficient investment accounts and mutual funds are managed in ways that can help reduce their taxable distributions. Investment managers can employ a combination of tactics, such as minimizing portfolio turnover, investing in stocks that do not pay dividends, and selectively selling stocks that have become less attractive at a loss to counterbalance taxable gains elsewhere in the portfolio. In years when returns on the broader market are flat or negative, investors tend to become more aware of capital gains generated by portfolio turnover, since the resulting tax liability can offset any gain or exacerbate a negative return on the investment.
Pitfalls to avoid: Taxes are an important consideration in selecting investments but should not be the primary concern. A portfolio manager must balance the tax consequences of selling a position that will generate a capital gain versus the relative market opportunity lost by holding a less-than-attractive investment. Some mutual funds that have low turnover also inherently carry an above-average level of undistributed capital gains. When you buy these shares, you effectively buy this undistributed tax liability.

Put Losses to Work

At times, you may be able to use losses in your investment portfolio to help offset realized gains. It's a good idea to evaluate your holdings periodically to assess whether an investment still offers the long-term potential you anticipated when you purchased it. Your realized losses in a given tax year must first be used to offset realized capital gains. If you have "leftover" losses, you can offset up to $3,000 against ordinary income. Any remainder can be carried forward to offset gains or income in future years, subject to certain limitations.
Pitfalls to avoid: A few down periods don't mean you should sell simply to realize a loss. Stocks in particular are long-term investments subject to ups and downs. However, if your outlook on an investment has changed, you can use a loss to your advantage.

Keep Good Records

Keep records of purchases, sales, distributions, and dividend reinvestments so that you can properly calculate the basis of shares you own and choose the shares you sell in order to minimize your taxable gain or maximize your deductible loss.
Pitfalls to avoid: If you overlook mutual fund dividends and capital gains distributions that you have reinvested, you may accidentally pay the tax twice -- once on the distribution and again on any capital gains (or underreported loss) -- when you eventually sell the shares.
Keeping an eye on how taxes can affect your investments is one of the easiest ways you can enhance your returns over time. For more information about the tax aspects of investing, consult a qualified tax advisor.

Points to Remember

1. Taxes on income and capital gains distributions reduce your after-tax rate of return.

2. Maximize opportunities to invest in tax-deferred and tax-free retirement accounts.

3. Consider your overall investment portfolio when selecting investments for tax-deferred and tax-free accounts. You might first allocate investments that generate interest income to tax-qualified accounts, since withdrawals from these accounts are taxed as ordinary income.

4. Income from municipal bonds is generally exempt from federal and in some cases state and local taxes. Capital gains are taxable, and returns from some types of municipal bonds may be subject to the alternative minimum tax.

5. Tax-managed mutual funds and investment accounts employ strategies aimed at reducing taxable distributions.

6. Realized capital losses can be offset against capital gains, and up to $3,000 in losses can be offset against ordinary income in a given tax year.

7. Maintaining good records of investment purchases, sales, and distributions is essential to evaluating the best method of determining gains and losses for tax purposes and calculating the adjusted cost basis of an investment.



1This information is general in nature and is not meant as tax advice. Always consult a qualified tax advisor for information as to how taxes may affect your particular situation.

© 2011 McGraw-Hill Financial Communications. All rights reserved.





July 2011 — This column is provided through the Financial Planning Association, the membership organization for the financial planning community, and is brought to you by Troy Jones, a local member of FPA.

Wednesday, July 6, 2011

Too Big To Fail

I got an interesting phone call today from a banker. Scott called me from the bank today and asked how I was doing.  To which I replied, "What's up Scott, I only hear from you if there's a problem."  He responded, “Well, we got this check in and there wasn't enough money in your account to cover it.”

After a bit of anxiety and wondering how that could happen, since we try to pay pretty close attention to not writing hot checks, we discovered that the bank had deposited a fairly good sized check not in my business account, but in my personal account.  The back of the check was stamped with the corporate information, no reference to my personal name anywhere on there.  But this is the fourth time something strange like this has happened in the last few months.  

We've been hearing in the news for the last few years, the term “too big to fail,” especially as it relates to banks and financial institutions.  We have kind of coined the phrase around here, “too big to succeed” whenever we have situations come up and regular people just don't feel like anybody is paying attention to them. It's our goal at our office to do what we can to avoid being too big to succeed.  If anything comes up that makes you feel like that might be an issue, it would be really good for us to know.

Page Seven

Today, I was on a telephone call with the Financial Planning Association's ethics committee.  On the call, we were reviewing the case of a financial planner from Oregon.  I just thought, “Hey, I want to look at his website and learn a little about his company.”  I went to Google and typed in his name, which is an unusual name, and, bam, up it came.  His name was listed on seven pages before I could get to his actual website.

Every web service, search engine, marketing scheme, everything under the sun was listed in there before I finally got to a link to his company website.

One of the things that I've complained about before is being too big to succeed.  I just wonder, in the world of the Internet and
yellowpages.com, if it's really even possible now to go to the Internet and find what you're looking for with any kind of ease.  So that just came to make me think, if you're looking for a financial planner on yellowpages.com, it might be a good idea to skip several pages deep before you expect to come across someone who actually does financial planning.

Rainy Day Fund

Recently, the state of Oklahoma reported having only $2 left in the rainy day fund. Now, I don't know how much was in there a few years ago, but it was in the hundreds of millions. Also, for those of you who, like me, lived through the 80's, this recent economic downturn was a walk in the park compared to the one back then.

This makes me wonder how in the world our state could have spent several hundred million dollars more than was in our budget, while in the 80’s, we made it just fine without the rainy day fund.

Just today, I heard a statistic that I found interesting. In a similar vein, Greece, the average debt per citizen is $42,000. The average debt for a United State's citizens is $44,000. Now, I'm not talking about personal debt, I'm talking about government debt.

300 Laughs per day

Recently, I heard a statistic that stated that the average child laughs 300 times per day, while the average adult only laughs 7 times.  What makes you laugh?  Can you remember the last time you nearly wet your pants laughing or spewed a soft drink out your nose trying to keep from it?

Many believe that laughter is healing and there is even a company in Oklahoma City called "Laughter Yoga".  I once sent a Laughter CD to a client recovering from difficult cancer treatment.  I hope it helped, but I am sure it did not hurt.  It is said that if you want to make God laugh you should show him your plans.  Well, if your plans include laughter, then we'll all be laughing together.

Don't Outsmart Your Commonsense

While driving down the road on 4th of July weekend listening to a country tune, I heard the line, "Don't outsmart your commonsense".  We  often find ourselves having that conversation in our meetings around the office.  Sometimes, it's hard to imagine how the system could be so complicated, and how smart people could overlook such basic concepts. I wonder in each of our lives and each of our businesses how we might keep asking ourselves the question--How am I outsmarting my commonsense?

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