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Moore Colson Newsletter - July 2006

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Celebrating our 25th Anniversary


The lowdown on lending to family

As your business and financial success becomes apparent to others, your relatives may view you as a source for financial aid. But lending money outright to a family member or cosigning on a home or car loan for them can be risky for you — from both an emotional and financial standpoint.

To protect yourself, specify the terms of your loan arrangement in writing just as a professional lender would. If the loan amount is substantial, make sure you’re informed of any legal and tax implications in case one of you should die before the loan is settled. You may want to ask for collateral to secure the loan or take out a life insurance policy to cover the balance. And, if you forgive the loan, it could be considered a taxable gift.

If you’ve cosigned on a loan and your relative defaults on the payments, you are responsible for making the remaining payments. Before saying “yes” to a family member’s request for a loan, prepare yourself for the possibility of never seeing your money again or potentially damaging family ties if the individual defaults on the loan.

 


Community relations

To a certain extent, community property laws equalize a couple’s estates automatically. By law, each spouse has the right to half of their community property, even if the property is titled in the name of one spouse. Community property generally consists of assets acquired during your marriage and while residing in a community property state.

But even in community property states, one spouse may hold a substantial amount of wealth as separate property. This may include wealth accumulated before the marriage or property received by gift or inheritance during the marriage and not commingled with community property. If that’s the case, equalizing estates remains a valuable estate planning strategy.

 

 
Borrowing: It’s not all it’s cracked up to be

American consumers have been racking up debt in record numbers. And while there’s nothing wrong with borrowing money, it’s important to consider the impact of borrowing on long-term financial goals. This article explains why borrowing should be reserved for acquiring assets that will pay a return on your investment, such as a home or a growing business. Plus, it discusses three borrowing traps that consumers often fall into. A sidebar offers tips on how to protect yourself when lending to family members.

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A cost segregation study can increase current deductions

If you’ve recently purchased or built a new building, or if you’ve substantially remodeled an existing building, it would pay to have a cost segregation study conducted on the property. Why? Property that qualifies for faster write-offs, such as decorative fixtures and carpeting, is often lumped in as part of the building and depreciated over a longer time period. A cost segregation study identifies these misclassified components, allowing you to maximize your current depreciation deductions. This article explains how this advantageous study is conducted.

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Making the most of the home-sale exclusion

Changes over the last several years have caused capital gains tax to be a bigger concern for homeowners. If you’re planning to sell your home, you can soften the impact by ensuring you deduct the cost of improvements and other relevant expenses when figuring out your gain. This article looks at why gain is a concern and how to reduce it.

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Marriage of equals
To reduce estate taxes, share the wealth

It’s not unusual for one spouse to own a disproportionate amount of a couple’s wealth. But this type of fiscal imbalance can prove costly when the estate tax bill arrives. Affluent couples that “equalize” their estates can cut their taxes considerably. This article explains how to equalize your and your spouse’s estates.
 

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