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Moore Colson Newsletter - October 2005

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Retirement plans also offer asset protection

While going bankrupt is certainly never a business owner’s goal, sometimes serious financial problems can force the matter. In such cases, you’ll want to protect your assets to the greatest extent possible. Various types of retirement plans, such as pensions, 401(k)s, Social Security, and other benefits linked to age, illness or disability factors are protected under bankruptcy law.

Individual retirement account (IRA) assets were previously not protected. As a result of a recent Supreme Court ruling and new bankruptcy law, however, creditors may no longer seize IRA assets in cases of bankruptcy (up to a $1 million limit). Note that Roth IRA assets may not be protected, because contributions are not deductible or subject to the premature withdrawal penalty.
 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
Trusts offer a viable asset protection strategy

Life happens. And sometimes life can deal you a terrible blow, such as a business failure or lawsuit. If you ever find yourself in such a situation, how can you protect your assets — including personal ones — from creditors and legal claims? This article explores critical issues of offshore and domestic trusts, which protect assets within the trust, while allowing you to retain a beneficial interest. A sidebar offers an update on asset protection within retirement plans.

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The clock is ticking
Year-end tax planning for businesses

This brief, but timely, article asks pertinent questions which will help you be better prepared, tax-wise, for the end of the year. Specifically, it asks whether you’ve made adequate estimated tax payments, taken advantage of the Section 179 expensing election, reviewed your gains and losses, maxed out compensation deductions, and more.

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Don’t let it sneak up on you
Preparing for the aging process

Botox injections are not a magical elixir that will stave off old age. That’s why planning for the aging process is essential, whether it’s for you, your spouse or a parent facing a major illness or disability. This piece covers the possible need for long-term health insurance and why it’s a good idea to execute a durable power of attorney, as well as a health care proxy and living will. It also outlines certain deductions available for the elderly, such as health-related modifications to a home.

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When defective is effective
Incorporating the right “defects” into a trust can save gift and estate taxes

One of the challenges of estate planning is to minimize your family’s gift and estate tax liability while retaining some control over your wealth. That’s why most estate plans are centered around the use of trusts, which allow you to remove assets from your taxable estate during your lifetime with some strings attached. If you incorporate the right “defects” into a trust, you create an intentionally defective grantor trust (IDGT). This allows you to make additional tax-free gifts without using any of your $11,000 annual gift tax exclusion or $1 million lifetime gift tax exemption. This article reviews the tax savings available with IDGTs and how to comply with recent IRS guidance.

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Tax Tips

This section presents brief notes on bankruptcy and IRA assets, the new Roth 401(k) plans, and quick corporate tax refunds.

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