Planning During Economic Turmoil
Insiders still enjoy this high-risk/high-reward game.
January 20, 2009
With the worst downturn since the depression, every facet of CPA planning is affected. How do you guide your clients? Some advice is obvious, such as revise your will if the size of your estate has changed dramatically; re-evaluate life insurance coverage if your nest egg has been compromised and your family will no longer be able to get by if you die before savings recover. Others less obvious advice include timing the funding of a bypass trust to maximize its funding depending on whether it is a fractional share or pecuniary bequest. The downturn has a significant emotional impact on clients. As a result, many are acting like the proverbial deer frozen in the headlights. Practitioners who can offer sound planning can help guide clients from fear to action. The impact of the current economic situation is so broad and deep that the issues below, which you as a practitioner can address with clients, is just a mere starting point in the process.
Planning for Your Practice
You as a practitioner need to address your own business planning, as well as help clients with similar business issues. For example:
Retirement Plan Minimum Required Distributions
IRAs and retirement plans have been devastated by the market. Congress has provided some flexibility by waiving the requirements for minimum required distributions ("MRDs") in 2009.
There is another safety valve. If you’re under 59½ and want to avoid the tax on early distributions from a retirement plan, you can withdraw funds in substantially equal periodic payments over your life or the joint-life expectancy of you and a beneficiary. IRC Sec. 72(t)(2)(A)(iv); Rev. Rul. 2002-62. One of three prescribed methods is permitted for the determination of these payments:
While either of the latter methods might have made sense when done, it might be preferable to use the MRD approach so that payments fluctuate with the changing plan balance. The fixed payment previously calculated may now deplete the plan to zero long before life expectancy. You can elect to permanently switch to the RMD method so that a changing percentage of each year’s actual balance will be paid. This may be essential to preserving your plan for your lifetime.
Investment Theft Losses
Bernie Madoff may be the most famous Ponzi scheme, but is not the only fraud. The rapid and substantial downturn exposed many schemes that may have remained undetected in better times. If you were caught up in these financial maelstroms, consider:
Matrimonial Obligations and Changed Circumstances
If you have alimony or child support obligations, has the decline in your portfolio, the cut-backs at your employment, or the impact on your family business, undermined your ability to meet those payments. Whether circumstances have changed sufficiently to warrant a court to order a modification of these obligations will be an issue that will likely see more litigation. Factors which might be considered include:
Projections for businesses, revised family budgets, updated estimates of earnings from investment assets, may all be necessary to evaluate these issues.
This may also affect estate planning obligations. Is the amount of life insurance coverage you were mandated to maintain under your property settlement agreement still affordable? What about commitments to fund 529 or other college savings or gifts?
Economic declines will bust grantor retained annuity trusts (“GRATs”). Consider:
No client or area of planning remains unaffected. Be proactive and help clients identify issues for which they can take affirmative planning steps.
Find out more about this and other issues visit AICPA Conference on Tax Strategies for the High-Income Individual.
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Martin M. Shenkman, CPA, MBA, PFS, JD, is an attorney in Paramus, New Jersey and New York City. His practice concentrates on estate planning and administration, tax planning, and corporate law. He was listed in Worth magazine’s top 100 attorneys in 2007 and CPA magazines Top 50 IRS practitioners in 2008. He is a source for numerous financial publications including The Wall Street Journal, Fortune, Money and The New York Times. He has published 36 books and 700+ articles. His most recent book is: Life Cycle Planning for the CPA Practice (AICPA). He is admitted to the bar in New York, New Jersey and Washington, D.C. He is a CPA in New Jersey, Michigan and New York.