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Moore Colson Newsletter -
May 2006
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Article 2 | Article 3 |
Article 4
Shield yourself with a personal
liability umbrella insurance policy
Getting caught without enough personal liability insurance coverage
is akin to getting caught in a downpour without proper rain gear. If
your liability coverage is inadequate, a lawsuit could wipe out much
of your hard-earned financial savings and assets.
To protect your home and other assets, consider purchasing a
personal liability umbrella insurance policy. In fact, every home-,
auto- and watercraft-owner should have such coverage.
What it covers
Personal liability umbrella insurance policies are designed to
provide extra protection beyond your standard liability coverage if
you’re found responsible for an individual’s injuries resulting from
an accident. For example, most state laws hold drivers at fault in
auto accidents liable for resulting injuries and damages. If you
cause an accident, an umbrella policy could help prevent your
family’s precious assets from being seized in a lawsuit.
An umbrella policy generally allows you to add between $1 million
and $5 million in liability coverage above your primary liability
policy, subsequently picking up claims in excess of your primary
liability coverage.
The coverage is also broader than standard liability, which
generally covers bodily injury and property damage but not personal
injury claims. Personal injury claims may range from false arrest
and imprisonment to malicious prosecution, defamation of reputation,
privacy invasion, wrongful entry and eviction. Umbrella coverage
also typically includes medical, rehabilitative care and lost wage
claims for the injured party as well as legal defense fees and any
property damages caused by you or your dependents and even your
pets.
Moreover, some policies also provide liability protection if you
serve on the board of a charity or community or religious
organization.
What it costs
Surprisingly, umbrella policies are relatively inexpensive.
While rates vary among insurers, you may purchase, for example, a $1
million policy for just a couple of hundred dollars a year.
Deductibles often range between $250 and $1,000.
Note, however, that insurers may require you to also purchase your
homeowner and other primary liability insurance policies from them,
and they may specify a certain level of coverage before they’ll sell
you an umbrella policy. This is what makes it worthwhile for an
insurer to offer the coverage at a reasonable price.
Your goal is to ensure adequate protection without paying for
excessive coverage. To determine how much coverage to purchase,
assess your risks for liability. For example, does your home have a
long staircase or high deck that poses a risk of falling? Do you own
a dog with aggressive tendencies? Or do you have teenagers who like
to race cars or motorcycles?
Another way to economically increase your protection may be to raise
the liability limits and deductibles on your standard homeowner,
auto and watercraft policies.
Worth every penny
Accidents happen. Considering the risk potential of a costly
lawsuit, it generally pays to purchase a personal liability umbrella
policy. For relatively little added cost, the policy can help
protect your family’s precious assets in the event of an unfortunate
accident.
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A prescription for rising health care costs: Vendor
partnerships
Like most business owners today, you’re probably feeling
increasingly ill over the high costs of providing health
care for your employees. And rightfully so. According to
data cited by the National Coalition on Health Care,
employer health insurance premiums in 2004 increased about
four times the rate of inflation to more than 11%.
While there’s no panacea for the rapid rise in health care
costs, one remedy offering employers at least partial relief
involves leveraging health care vendor partnerships.
Less is more
Under traditional managed health care, doctors, hospitals
and other providers agree to work together as part of a
network. The network, which often represents dozens of
vendor relationships, provides health care services to a
business’s employees enrolled in the program for a
predetermined fee. If employees seek care outside the
network, they must typically pay a higher price.
But some employers are bypassing that tried-and-true
approach, and are, instead, developing and strengthening
relationships with one or a select few health care vendors.
In effect, employees may still choose from a variety of
health care options — but just from a consolidated group of
vendors.
Consolidating the number of health care vendors can offer
valuable benefits to both employers and vendors. How? The
privileged vendors no longer have to compete with a vast
network of other vendors and, therefore, enjoy a more
substantial and profitable chunk of business. This
subsequently provides you, the employer, with more leverage
to negotiate cost savings with those vendors.
Focus on the relationship
When structuring an agreement with a vendor, the overall
goal should be to focus on developing a long-term, mutually
beneficial relationship. A health care vendor naturally
wants to expand its membership base among healthier employee
plan participants. On the other hand, your goal is to
provide your employees affordable, quality health care
coverage. Thus, key objectives to keep in mind when
selecting and negotiating with a vendor include:
Reducing program costs. You may be able to get discounts
from choice vendors simply by establishing a more strategic
relationship with them and having a service agreement in
place.
Consider asking about a rate discount in exchange for
allowing vendors to market their offerings to your
employees. For example, you may allow them to send targeted
newsletter communications and promotional flyers, set up an
information booth in the office for a day, or host an
informational session over lunch.
Improving service quality. The agreement should specify
performance expectations for quality of health care services
provided. To help motivate vendors, negotiate to pay them
based on their performance. For example, while asking them
for a lower premium, offer a year end bonus if they meet
certain performance expectations — such as faster and more
accurate processing of health claims — in cost-effectively
serving your employees.
Also try to negotiate with a vendor to provide additional
support services or resources free of charge, such as for
program enrollment, implementation and ongoing management.
As with any agreement, it’s easier to negotiate extra
benefits up front than to go back and try to persuade a
vendor after an agreement has been finalized.
Feeling a little better now?
While there’s no end in sight regarding rising health care
costs, there are creative ways you can continue to provide
your employees with the best health care possible without
going bankrupt in the process.
Consolidating the number of vendors in your health care
program and developing more strategic relationships with
them may be a great way for you to find some relief from the
problem.
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Tax Tips
Keeping your retirement plan in compliance
The rules governing qualified retirement plans are complex
and ever-changing. Employers that don’t keep up with these
changes risk losing valuable benefits for themselves and
their workers. If you don’t update your plan to comply with
new laws and regulations or operate the plan properly, your
plan could be disqualified. If this happens, your tax
deductions for contributions may be disallowed and your
employees may be taxed on plan earnings and employee
contributions.
Fortunately, an IRS program — the Employee Plans Compliance
Resolution System — allows you to correct plan defects and
avoid potentially disastrous consequences. You can correct
insignificant operational problems at any time, without IRS
intervention, through the Self-Correction Program. For more
significant defects, you can voluntarily disclose plan
failures to the IRS under the Voluntary Correction Program (VCP)
or correct the problem in connection with an audit under the
Audit Closing Agreement Program.
For more serious defects, VCP is the better solution: If you
come forward voluntarily, you pay a set fee based on the
number of participants in your plan and receive IRS approval
to correct the problem. If you wait until the IRS identifies
the defect in an audit, you’ll have to pay hefty sanctions
to avoid disqualification.
Should your IRA invest in real estate?
Most people use their IRAs to hold traditional investments,
such as stocks, bonds and mutual funds. But an increasing
number of investors have turned to real estate in the hope
of earning more generous returns. IRAs can invest in real
estate, though you’ll probably need to open a
“self-directed” IRA to do so.
If you choose to invest in real estate, plan carefully to
avoid some hazardous tax traps. The biggest concern is the
prohibited transaction rules, which forbid certain dealings
between an IRA and its owner or beneficiaries. Among other
things, you can’t:
- Sell or lease property to your IRA,
- Buy or lease property from your IRA,
- Lend money to or borrow from your IRA,
- Pledge your IRA (or any part of it) as security for
a loan, or
- Provide goods or services to your IRA.
So if you use your IRA to buy rental or rehab property,
for example, you can’t provide management or remodeling
services either yourself or through a family member or a
company you control. If you engage in a prohibited
transaction, the IRA will be terminated, and you’ll be hit
with taxes and penalties on the entire account balance —
even if you used only a portion of the account for the
prohibited transaction.
Another potential disadvantage of investing in real estate
is that all IRA earnings are taxed as ordinary income, so
you’ll lose the advantage of lower capital gains tax rates
on real estate held in an IRA. Also, if the IRA borrows
funds to acquire the real estate, the rental income will be
subject to tax inside of the IRA.
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Dipping into retirement savings can be hazardous to your
wealth
On average, people today are living longer and retiring
sooner. So it’s conceivable you could spend almost as many
years in retirement as you do working — which means you’ll
need to save more for your golden years in a shorter amount
of time.
As your savings grow, you could be tempted to tap your
retirement accounts for current needs such as buying a new
home or paying unexpected medical expenses. This may seem
like a convenient solution, but it can come at a high price.
Retirement plan advantages
Tax-advantaged retirement plans — such as employer-sponsored
401(k) and 403(b) plans and traditional IRAs — allow you to
invest pretax dollars that can grow tax-deferred. You don’t
pay any income tax until you make withdrawals, and most
employer plans also allow your employer to make pretax
matching contributions, turbocharging your savings even
more.
To encourage retirement saving, the government makes it
difficult to touch these funds before you reach age 591⁄2,
imposing penalties on most withdrawals before that age.
Your access to retirement funds and the price you pay for
withdrawing them depends on the plan type and how you use
the money. Generally, with employer plans, you can’t take
money out of your account before age 591⁄2 unless you die,
become disabled or leave your job.
Early withdrawals
The government recognizes there may be instances requiring
you to dip into your retirement savings. Thus, a retirement
plan may allow “hardship” withdrawals to pay for:
- Medical expenses for you or your family,
- First-time home purchase expenses,
- Tuition and other higher-education expenses for the
next year,
- Expenses to avoid eviction or foreclosure, or
- Funeral expenses for a family member.
Keep in mind that not all plans permit hardship withdrawals,
and some allow them only under limited circumstances. Even
if you qualify for a hardship withdrawal, you’ll have to pay
income tax on the amount withdrawn plus, in most cases, a
10% penalty.
It’s easier to get your money out of an IRA. As long as
you’re prepared to pay the taxes and penalties, you can make
withdrawals at any time for whatever you want. And there’s
no penalty on withdrawals used to pay deductible medical
expenses for the taxable year, buy health insurance when
you’re unemployed, pay college expenses for the taxable
year, pay up to $10,000 toward the purchase of your first
home or receive “substantially equal periodic payments” over
your life expectancy.
The price you pay
The cost of early withdrawals goes beyond taxes and
penalties. Tax-deferred compounding is a powerful financial
tool, but it demands a long-term investment horizon. Even a
seemingly insignificant interruption can impact your
returns.
Let’s say you have $50,000 in a 401(k) plan and you’re 25
years away from retirement. Assuming the plan’s investments
earn an 8% return and you make no further contributions, the
account will grow to more than $342,000 by the time you
retire.
Now suppose your employer allows hardship withdrawals and
you take out $10,000 to help pay for your child’s college
tuition. If you’re in the 28% tax bracket and under age
591⁄2, the withdrawal will have an immediate cost of $2,800
plus a 10% penalty of $1,000. Suddenly, the $10,000 has
shrunk to only $6,200. What’s more, the loss of tax-deferred
compounding on the amount you withdraw reduces your
retirement savings by more than $68,000.
Borrowing isn’t free
The steep cost of early withdrawals should be enough to
dissuade you from dipping into retirement accounts unless
you’re out of other options. But what about a loan? Many
employer plans (but not IRAs) allow you to borrow as much as
half of your vested account balance, up to $50,000. These
loans are quick and easy to get, offer competitive interest
rates and are payable over five years (longer for certain
home loans).
Many people mistakenly believe plan loans are “free” because
the interest you pay goes back into your account. But
borrowing from a retirement plan comes with significant
costs in these three areas:
- Tax-deferred compounding. You lose the
benefit of tax-deferred compounding on the amounts you
take out of the plan (see above example). And though the
funds are returned to the plan with interest, the
interest rate on plan loans (usually one or two
percentage points over the prime rate) rarely comes
close to the returns the money could have earned had it
stayed in the plan.
- Contributions. You may not be able to
contribute to the plan during the loan term, either
because you can’t afford it or the plan doesn’t allow
it. And you’ll also lose any matching contributions your
employer would have made and future earnings on the
contributions you forgo.
- Loan repayments. If you lose or quit your
job, you’ll have to repay the loan quickly — either
before you leave the company or within one to three
months after. If you can’t, the loan will be treated as
a distribution and will be subject to taxes and
penalties.
Considerations
Withdrawing or borrowing money from your nest egg can help
you in a pinch. But it should be a last resort because of
the cost — in terms of taxes, penalties and lost future
earnings. Before taking the plunge, see if there are any
less expensive alternatives.
Timing is everything
In some circumstances, you can withdraw retirement savings
penalty-free to cover qualified medical and college
expenses. To avoid the penalty, you must withdraw the funds
in the same year you incur the expenses. Taxpayers learned
this lesson the hard way in two recent Tax Court cases:
1. Beckert v. Commissioner. A taxpayer withdrew IRA
funds in 2001 to pay credit card debt she used for qualified
college expenses in 1999 and 2000. Even though she withdrew
the funds and used them during the same year, the 10%
penalty applied because the expenses were incurred in
previous tax years.
2. Duncan v. Commissioner. In 2000, a taxpayer used a
401(k) loan to pay for medical expenses incurred that year.
In 2001 the taxpayer left her job, but she was unable to pay
back the loan. As a result, the loan was deemed to be a
distribution in 2001 and was subject to the 10% penalty. The
exception didn’t apply because the medical expenses were
incurred in the previous year.
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