The Carrot and Stick Approach to Health Care…

24 June 2010 » Tags:

Health Care reform will significantly impact how businesses provide and pay for insurance for their employee’s.    In sum, there are credits available to businesses and employee’s to purchase insurance and fee’s imposed if no insurance offered.   Here are some of the details.

Beginning in 2014, employers with at 50  full-time employees, and do not offer health insurance, may be assessed a fee of $2,000 for each full-time employee  if one emplyee is receiving a premium credit.     Which raises the question of what exactly is a premium credit.  A premium credit can be used to reduce the premium cost for families by eligible individuals and families who purchase health insurance through state-based exchanges to reduce the premium cost.

Even employers who do offer coverage may face a fee if at least 1 full-time employee is receiving a premium credit. The fee is either $3,000 per employee receiving the credit or $2,000 for each full-time employee, whichever total is less. Employers with fewer than 50 full-time employees are exempt from these fees. Employers with 200 or more employees must automatically enroll employees in health insurance plans offered by the employer. The employee may voluntarily opt out of the employer’s plan.

In addition, employers that offer employee health insurance must offer a free choice voucher to employees who elect to enroll in a state-based American Health Benefit Exchange plan. The value of the voucher is equal to the amount the employer would have paid to cover the employee under the employer’s plan. Employees may enroll in an Exchange plan if the employee’s income is less than 400% of the Federal Poverty Level (FPL) and the employee’s cost to participate in the employer’s plan is between 8% and 9.8% of the employee’s income. The voucher can be used to offset the employee’s cost to participate in the Exchange plan.


As an incentive for small businesses to offer employee health insurance, from 2010 to 2013, employers with 25 or fewer full-time employees with average annual wages less than $50,000 may be eligible for a tax credit of up to 35% of the employer’s total premium cost. Beginning in 2014, small businesses that buy insurance through state Exchanges for their employees may receive a credit of up to 50%. In either case, the credit decreases as the number of employees and average annual wage increases.

By 2014, in an effort to promote wellness and decrease health insurance costs, employers will be able to offer employees rewards, such as premium discounts and added benefits, for participating in wellness programs and meeting certain health-related standards. The value of the rewards can equal as much as 30% of the cost of coverage and may even reach 50% in some cases.

Employers who provide insurance for retired employees who are over age 55, but not yet eligible for Medicare, may receive reimbursement for 80% of retiree claims between $15,000 and $90,000. This temporary reinsurance program begins in 2010 and is available until 2014. On the other hand, employers who currently receive a tax deduction for Medicare Part D drug subsidy payments will see that deduction eliminated in 2013.

Small businesses with up to 100 employees may be able to purchase health insurance through state-based Small Business Health Options Program (SHOP) Exchanges by 2014. The Exchanges will offer at least four benefit categories of plans based on covering an increasing percentage of benefit costs.

Complicated?  Absolutely and  it will be critical for business to stay on top of the upcoming changes.   

 

 

 

 

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3.8% Medicare tax on Investment Income

21 June 2010 »

For high income earners,  there will be  a new 3.8%  Medicare surtax that will be assessed in 2013  on the lesser of:

  • Net investment income or
  • The excess of “modified adjusted gross income” over the “threshold amount”

Net investment income is the sum of gross investment and includes:

  • Interest
  • Dividends
  • Capital Gains
  • Annuities income
  • Rents&Royalties
  • Passive activity income

Importantly, investment income does not include distributions from IRA’s or other qualified retirement plans.

The taxable income threshold amounts are:

  • Married taxpayers filing jointly-$250,000
  • Individual Tax Payers-$200,00
  • Trusts and Estates $11,200

In sum, if your modified adjusted gross income is below  threshold amounts, then this surtax will not affect you.   However, if your above the threshold you will be taxed to lesser of investment income or excess over MAGI.

This means that combined with the expiration of the Bush Tax cuts, the top federal tax rate in 2013 for investment income can reach 23.8% from the current 15% levels.  Also, qualified  dividend income will  now be treated as ordinary income which will move to 39.6%.

Health Care Reform and College Planning?

14 April 2010 »

Deep in the weeds of the Health Care reform are a few notable pieces related to college planning.

The first is that the government has cut out the private lenders in the granting of loans and as a result all loans are facilitated directly from the US Government.  This is good news are rates will be a bit lower for parents (The Plus loans) will be  7.9% instead of 8.5% currently being charged by private lenders.

Also, starting in 2014,  the act  limit payments to 10% of discretionary income for the student and will forgive debt after 20 years. Previsously, it was 20% of discretionary income.

Additionally, funds were increased for Pell Grants.  These are funds for the most disadvantaged.

For more information on college planning and financial aid a couple of good websites are

For more information on financial aid and loans, check out:

www.finaid.com

www.savingforcollege.com

Both are top notch sites with good information readily available.

Health Care Reform- An Overview

13 April 2010 »

The next several entries of “In Your Interest” will be focus on Health Care reform and its effect on your personal finances.   But first, a general overview of the Reform is in order:

Health Care Reform-An Overview:

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (Patient Act) into law. The House of Representatives also passed a reconciliation bill, the Health Care and Education Affordability Reconciliation Act of 2010, which makes changes to the Patient Act and is currently before the Senate for approval. Together, both pieces of legislation make sweeping reforms to health care in the United States.

U.S. citizens and legal residents will be required to have qualifying health insurance (exceptions apply) by 2014, or pay a fine. It is estimated that more than 32 million uninsured Americans will gain coverage through government subsidies to offset premiums, and through Medicaid coverage. The Congressional Budget Office projects that the final legislation will cut the national deficit. Nevertheless, the bill is projected to cost about $940 billion. Some of that cost will be paid by:

  • Imposing a tax of up to 2.5% of household income on individuals who lack qualifying health care coverage, to be phased in beginning in 2014
  • Increasing the medical expense income tax deduction threshold to 10% of adjusted gross income, up from the current 7.5%
  • Increasing the Medicare Part A tax rate by 0.9% on wages for individuals with earnings over $200,000 and for married couples with earnings exceeding $250,000, and assessing a new 3.8% tax on unearned income for these higher-income individuals
  • An excise tax on so-called “Cadillac Plans”
  • Imposing taxes or fees on health insurance providers and drug companies, while doctors and hospitals will receive less compensation from government sources

Key provisions effective within six months following enactment include:

  • A provision that children covered by insurance can no longer be denied coverage because of pre-existing conditions
  • Payment of $250 rebate to Medicare Part D beneficiaries subject to the coverage gap (beginning January 1, 2010) and gradually reducing the beneficiary coinsurance rate in the coverage gap from 100% to 25% by 2020
  • Insurers will not be able to impose lifetime caps on insurance coverage
  • All plans offering dependent coverage will be required to allow children to remain under their parents’ plan until age 26
  • Insurers cannot cancel or deny coverage if you are sick except in cases of fraud
  • Adults with pre-existing conditions will be able to buy coverage from temporary high-risk pools until 2014, when coverage cannot otherwise be denied for pre-existing conditions
  • The creation of a long-term care insurance program to be financed by voluntary payroll deductions (effective January 1, 2011)

Key provisions effective on or before January 1, 2014, include:

  • All Americans must carry health insurance or face a fine, with exceptions for economic hardship, religious beliefs, and other situations (e.g., a couple has income of less than $19,000)
  • Extends Medicaid coverage to non-disabled adults with incomes at or below 133% of the Federal Poverty Level
  • Adults with pre-existing conditions cannot be denied coverage or have their insurance cancelled due to pre-existing conditions
  • Requirement that states establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans and includes an Exchange for small businesses; also requires employers that contribute toward the cost of employee health insurance to provide free choice vouchers to qualified employees for the purchase of qualified health plans through Exchanges
  • Tax credits will be available to qualifying families to offset the cost of health insurance premiums
  • Employers with more than 50 employees must offer health insurance for their employees or be fined per employee

Part of the Reconciliation Act passed by the House and presently before the Senate adds student loan provisions including:

  • An end to the bank-based system of distributing federal student loans—private lenders would no longer receive government subsidies to make federal student loans and all such loans would now be made directly from the federal government to borrowers
  • Annual inflation-adjusted increases would apply to the Pell Grant beginning in 2013
  • $2 billion would be paid over four years to community colleges to improve educational and career-training programs
  • $1.5 billion would be available over ten years to increase income-based repayment benefits for student loan borrowers—mandatory monthly payments would be limited to 10% of discretionary income (down from the current 15%), and outstanding loan balances would be forgiven after 20 years (down from the current 25 years)
  • $750 million over five years would be available for College Access Challenge grants to support state efforts to help more low-income students graduate from college
  • $255 million a year would be allocated to historically black colleges and minority-serving institutions


Time Running out for Homebuyer’s Tax Credits

05 March 2010 »

If you’re in the market for a new home and hope to take advantage of the first-time homebuyer tax credit, you’ll need to purchase a principal residence before May 1, 2010 (or before July 1, 2010 if you enter into a written binding contract prior to May 1, 2010). If you–and your spouse, if you’re married–did not own any other principal residence during the three-year period ending on the date of purchase, the credit is worth up to $8,000 ($4,000 if you’re married and file separate returns). If you–and your spouse, if you’re married–have maintained the same principal residence for at least five consecutive years in the eight-year period ending at the time you purchase a new principal residence, the credit is worth up to $6,500 ($3,250 if you’re married and file separate returns).

The credit, however,  is limited to those whose modified adjusted gross income  less than $125,000.  While this can restrict many, it does offer an opportunity for your kids in college.   In many cases, real estate around a college town can be appealing and if your kid will stay in at the college for three years (we hope), there may be an overall benefit of having your college kid purchase a home versus paying rent for 3 or 4  years.   You will have do your homework to see if this can make sense overall in your overall financial planning.

Estate Uncertainty….?

19 January 2010 » Tags:

The federal estate tax is dead–at least for now.

It’s 2010, and the temporary, one-year repeal of the federal estate tax is in effect. The failure of Congress to either extend the 2009 estate tax rules into 2010 or enact a permanent estate tax law has created several unfortunate consequences. Here are some things you need to know to protect your family and your assets.

Facts

Both the federal estate tax and the federal generation-skipping transfer tax (a separate tax on property given to grandchildren, great-grandchildren, etc.) are repealed for 2010 (unless Congress enacts legislation to reinstate them, retroactive to January 1, 2010 or otherwise).

Both taxes are scheduled to return in 2011 at levels that applied prior to 2001; that means a $1 million exemption and a top tax rate of 55% (in 2009, the exemption was $3.5 million and the top rate was 45%).

The federal gift tax remains in effect with a $1 million lifetime exemption, and the top tax rate is 35%.

The step-up in basis rule that allowed heirs to inherit property with a fair market value as of the date of death of the decedent has been modified. For 2010, the basis for inherited property is the lesser of the decedent’s basis (carryover basis) or its fair market value on the date of death. But, $1.3 million of estate property is afforded a step-up in basis, and up to $3 million of property passing to a surviving spouse receives a step-up as well.

What’s next?

It’s anyone’s guess what Congress will do next. Some believe quick action will reinstate the taxes at 2009 levels (see above). Others believe Congress will proceed cautiously in an attempt to enact serious reform. In either case, any reinstated tax may or may not be made retroactive to January 1, 2010. Needless to say, planning under these circumstances is challenging, at best.

Nevertheless, it is a good idea to check in with your estate planning attorney to determine a course of action based on your individual circumstance.

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Refinance Opportunity….again

09 December 2009 » Tags:

At the beginning of the year, the conventional wisdom was that mortgage rates on the 30 year fixed would drop to around 4.5% at some point and then move higher.  Well, the conventional wisdom was mostly right this time.  They have touched 4.5% this year but have drifted lower in three distinct moves with the most recent hitting record lows last week   Currently the 30 year according to bank rate average around 4.97 with the 15 year fixed at about 4.25%.  To obtain the rates, an average of 1.17% point was charged.  A good source for rates is www.bankrate.com

Many have already refinanced this year, but for those that haven’t now is another opportunity

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Fiduciary Duty and Investment Advisors and Brokers

22 November 2009 » Tags: ,

While most of the talk in Washington centers on health care and Afghanistan, there is a considerable amount of energy focused on financial reform to prevent another “market meltdown” we have seen over the last couple of years.

One piece of the debate is how to regulate advisors, brokers and planners.  Each currently has a different set of rules covering their behavior towards clients.  Brokers are held to a suitability standard which means they need to have a reasonable basis for the recommendation and “know their client.”  Additionally their  advice should be “incidental” to the transaction.   However, Advisors registered with the Securities and Exchange condition are held to a higher “fiduciary” standard that entails the advice be prudent and in the interest of the client.   This topic can be somewhat arcane, but a recent WSJ video does a nice job of pointing out the key differences.

http://link.brightcove.com/services/player/bcpid452319854?bctid=51077511001

Watch for more as congress debates on how best to regulate the advice providers.

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1st Time Home Buyer Credit Extended and more….

18 November 2009 » Tags:

As expected,  the first time home credit was extended to May 1st, 2010.  The new wrinkle to this stimulus package is help for the existing homeowner, defined as someone who has owned their home for 5 years.   If you fall in this category you will be eligible for up to a $6,500 credit when you purchase a “new” home. Clearly, the idea is to boost the market for other sectors beyond the first time purchases.   Here are the details:

First-time homebuyer credit

The Act extends and modifies the first-time homebuyer tax credit. Specifically, the Act:

  • Extends the first-time homebuyer credit to principal residences purchased before May 1, 2010. The credit is extended to principal residences purchased before July 1, 2010 if a written binding contract is entered into prior to May 1, 2010.
  • Increases the income limits that apply to the credit. For the purchase of a principal residence after November 6, 2009 the credit is reduced if modified adjusted gross income (MAGI) exceeds $125,000 ($225,000 if married filing a joint return) and is completely eliminated if MAGI reaches $145,000 ($245,000 if married filing a joint return).
  • Establishes a new limitation: effective for purchases made after November 6, 2009, the first-time homebuyer credit is not available if the purchase price of a principal residence exceeds $800,000.
  • Expands eligibility (purchases made after November 6, 2009) by allowing some existing homeowners to qualify for the credit when they purchase a new principal residence. Specifically, an individual (and, if married, the individual’s spouse) who has maintained the same principal residence for at least five consecutive years in the eight-year period ending on the date that a subsequent principal residence is purchased, will be considered a first-time homebuyer for purposes of the credit. In such a case, the maximum amount of the credit is $6,500 ($3,250 for a married individual filing separately).

For purposes of the credit, in the case of a purchase of a principal residence after December 31, 2008, a taxpayer may elect to treat the purchase as if it were made on December 31 of the calendar year preceding the purchase for purposes of claiming the credit on the prior year’s tax return. This means qualifying purchases in 2009 can be treated as if they were made on December 31, 2008, and qualifying purchases in 2010 can be treated as if they were made on December 31, 2009.

The Act also imposes additional new limitations on purchases made after November 6, 2009:

  • No credit is allowed unless the taxpayer is 18 years of age as of the date of purchase. A taxpayer who is married is treated as meeting the age requirement if the taxpayer or the taxpayer’s spouse meets the age requirement.
  • The definition of purchase excludes property acquired from a person related to the person acquiring such property or the spouse of the person acquiring the property, if married.
  • No credit is allowed to any taxpayer if the taxpayer is a dependent of another taxpayer.

For tax years ending after November 6, 2009, no credit is allowed unless the taxpayer attaches to the relevant tax return a properly executed copy of the settlement statement used to complete the purchase.

The Act also includes special provisions for members of the uniformed services and others who receive government orders for qualified official extended duty service. These provisions include extended time to claim the credit.

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NUA and Roth

17 November 2009 » Tags: ,

A common planning strategy when one has left a company with a large stock position with a low cost basis is to employ Net Unrealized Appreciation (NUA).  This strategy allows for the transfer of the stock from a 401k to a taxable account with the basis in the stock taxed at ordinary income rates and the gain, the net unrealized appreciation, taxed at capital gain rates once the stock is sold.  If you are under 55, you will need to consider the impact of the 10% early withdrawal penalty on the cost basis of the stock.  The additional benefit in this strategy is the flexibility gained in the ability to liquidate the stock position overtime at the beneficial capital gain rates.

However, now according to IRS notice 2009-75 you have an additional choice to consider within the NUA strategy as you can now move the company stock to a Roth IRA.  In this case, the cost basis will be taxed at ordinary income rates, but the Net Unrealized Appreciation will be taxed at capital gain rates at the time of distribution, not when sold as in the above example.  Distributions from these accounts then would be tax free because you already paid ordinary income on the basis and capital gains on the net unrealized appreciation.

Does a Roth NUA strategy make sense?   As a practical matter, probably not.   Many who use the NUA strategy are attracted to the idea of moving money from “tied” up resource to one that allows for more flexibility at a reasonable tax hit.  Nevertheless, the argument can be made that if you have a longer time horizon, or are thinking about the move to a Roth as an estate planning strategy, then the Roth NUA strategy would be something to consider

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