Taxmageddon—Are You Prepared?

April 17th is a month behind us now and hopefully your accountant had some well-deserved rest and relaxation because the uncertainty surrounding future tax law will probably lead them to a few sleepless nights between now and year-end.  Some tax provisions, like qualified charitable IRA distributions, have already expired while the current income and capital gains tax rates are set to expire at the end of this year.  Here’s a list of some of the more common expiring and new tax provisions.

The politics of a presidential election year and an obstinate Congress make trying to predict how they will address the potential tax increases and spending cuts pure speculation, especially with the headwinds facing the global economy.  No action could lead to something the New York Times referred to as “taxmageddon.”  But as we saw in 2010, a deal could be reached in late December that retroactively affects any tax planning done that year as well as changes the future tax landscape.

So what should you do?  This is a great time of year to do some big picture financial planning. 

This is the time of year to ask your accountant for advice, not April 13th and not December 27th

Take stock of your current situation by projecting what your income and tax situation is likely to be under current law.  Then start to think about some of the strategies you could use to address potential tax code changes, including:

Could it make sense to bring income forward?  E.g., recognizing income, incentive compensation, stock options, or capital gains (including the sale of a business) this year instead of a future year; reconsidering a Roth conversion; distributing C-corp dividends.

Could it make sense to delay itemized deductions like charitable contributions if your tax rate will be higher in a future year?  Or could it make sense to accelerate itemized deductions if you may be affected by the itemized deduction phase-out rule? 

Could it make sense to change ownership of certain assets for income or estate tax purposes?  E.g., equalizing estates for unmarried partners, gifting to younger generations outright or through trusts, or moving tax-inefficient investments to tax-deferred accounts.

Of course, it is important not to get overzealous and let the “tax tail wag the dog.”  Decisions need to be made with a holistic view of your particular financial and tax situation over a period of years.

And I hear accountants scream “Remember Section 4981A” like Texans yelled “Remember the Alamo,” where individuals with substantial IRAs took early distributions to avoid an excise tax included in the Tax Reform Act of 1986 only to have existing balances excluded from the tax.

So although you may implement any tax-saving strategies today, a little planning now will make you better prepared to deal with whatever may lie ahead.

 

NOTE:  For your reading pleasure, see the Joint Committee on Taxation’s report detailing a list of 140+ expiring tax provisions.

Fixed Income Global Diversification

If any of our asset management clients are asked about the investment principles we follow, we would hope that “diversification” would be one of their first responses.  Diversification not only broadens the range of investment opportunities but it also tends to reduce risk because of differences in the pattern of return among the various investments. When some of the investments are going down, others may be going up, and vice versa.

It seems that most of the discussions about diversification in the media and elsewhere tend to focus on equities, and how you don’t want to own just a few stocks in case one of them takes a big nosedive.  Increasingly, investors want to diversify their equities across different parts of the world in order to take advantage of additional opportunities.  Global or foreign equity mutual funds easily can provide that broader diversification.

The same principle of “avoiding too many eggs in one basket” applies to fixed income.  Quite often, when new clients come to us, we see that they have put all of their fixed-income investments in one type of vehicle, such as CDs, or Treasury notes, or a handful of individual bonds such as corporate or municipal bonds.  However, over-concentration– in a certain issuer or type of issuer, or country or maturity date— presents risks.  During the financial crisis of 2008, investors with heavy concentrations in bonds of U.S. financial institutions (such as Citigroup, Morgan Stanley, and Bank of America) suffered significant price declines. Meanwhile, Treasury securities and bonds of top-rated companies such as Coca-Cola performed well.

As fixed-income investors fled to safety during the financial crisis and also during the European crisis, they drove prices of top-quality bonds up and their yields down. (The Federal Reserve also did its part.) As a result, 10-year Treasuries now yield only 1.77% and newly issued 7-year bonds from IBM yield only 1.875%.   While we feel quite confident that these bonds won’t default, we’re certainly not excited about their return potential.   If you buy a 10-year Treasury note and hold it until maturity, you’ll earn 1.77% a year, regardless of what’s happening to the inflation rate, interest rates in general, or other segments of the fixed-income market.  If the inflation rate averages more than 1.77%, you’re actually losing money in terms of purchasing power.

Because high-quality U.S. bonds are yielding so little, they pose a different sort of risk called interest rate risk, which refers to price declines of bonds when interest rates rise.  The longer the maturity (or duration of the bond), the greater the price decline if rates rise.   Therefore, even if we feel good about the credit quality of issuers, the bonds not only provide very little income but they also pose potential price declines if rates rise.

Therefore, we believe it is extremely beneficial to include global diversification in clients’ bond portfolios.  There are fixed-income opportunities in different parts of the world–whether the bonds are issued by governments or companies–with higher yields and total return potential than those available in the U.S.   Many countries also have lower debt levels and greater economic growth than the U.S.   It’s important to realize that they may present different types of risk, and that’s why it’s critical to select highly skilled fund managers and to diversify across countries and issuers.  Global managers have another tool to bring to the table, that of currency management, which skillful managers use to augment returns significantly. 

In sum, global managers have a much broader opportunity set to work with and the greater diversification can provide higher returns, both on an absolute and risk-adjusted basis. While we continue to invest in U.S. bonds, we want some of our bond eggs in other countries’ baskets.  As long as U.S. Treasuries continue to be considered the safest haven, they may outperform in turbulent times.  But we’re not expecting all times to be turbulent and we also think certain other countries’ bonds are gaining in stature.

Below is a graph of cumulative, 10-year total returns of three fixed-income indices:   a) in blue, the Citigroup World Government Bond Index (WGBI); b) in green, the Barclays U.S. Aggregate Bond Index; and c) in orange, the Barclays U.S. Treasury Index.  (The performance of each index is presented in U.S. dollars.)   Over the 10 years, the global (or world) bond index provided a total return of 109%, or 7.67% on an annualized basis; the U.S. broad-based aggregate index provided a total return of 74%, or 5.7% annualized; and the U.S. Treasury index provided a total return of 72%, or 5.56% annualized.  The biggest discrepancy between the two U.S. indices occurred during the financial crisis in late 2008 when investors flocked to Treasuries.  The broader U.S. “aggregate” index, which also includes corporate bonds, had a notable dip in the latter part of 2008.  The global bond index had considerably more volatility over the 10 years than the U.S. indices, but investors who sat tight were nicely compensated.  Of course, we must reiterate that past returns are no guarantee of future returns, and we’re not expecting such favorable results, especially from the U.S. indices, over the near term.  However, we think it’s likely that allocating a portion of your fixed-income portfolio to global bonds will continue to boost overall returns, assuming you sit tight.

10-Year Cumulative Total Return in a World Gov’t Bond Index (WGBI) and Two U.S. Bond Indices

3 Months and Counting: Managing Your 401(k) Plan Under New Department of Labor Regulations

May 1st marked the beginning of a three month countdown for managing your retirement plan under the new Department of Labor (DOL) regulations.  While the new regulations will significantly improve fee transparency and plan management over the long term, in the short term, there is likely to be significant confusion among plan sponsors, fiduciaries and participants.  To help provide some basic guidance, we thought you might appreciate the following highlights from our recent White Paper titled, New Regulations for Retirement Plan Fee Disclosures:  How Your Retirement Plan will be Affected.

What the changes mean for Plan Sponsors:

  • Communication From Plan Providers: Under revisions to section 408(b)2, plan providers are now required to provide details of all services and fees delivered to the plan on both a direct and indirect basis.  Between July 1, 2012 and August 30, 2012, you will receive communications from all plan providers summarizing services and fees.
  • Increased Responsibility: You are required to understand the total fees you are paying for services and determine that these fees are ‘necessary’ and ‘reasonable’.  Additionally, you must ensure that plan participants and beneficiaries are made aware of their rights and responsibilities with respect to managing their individual plan accounts.
  • Participant Questions: The new regulations will introduce almost all plan participants to more details regarding their retirement plans than ever before.  Uncovering these ‘secrets’ is likely to generate a number of questions.
  • Opportunity for Plan Improvement: Armed with details regarding services and fees, you will now have the information and power to improve your retirement plan and determine whether your providers are delivering value.  Look for ways to enhance what you are currently paying for or cut unnecessary costs. 

What the changes mean for plan participants:

  • New Information Regarding Fees and Services: Under revisions to ERISA section 404(a), plan providers will begin disclosing fee and service information to you on August 30, 2012.   These disclosures will help you get a better understanding of the fees associated with your retirement plan account. 
  • Opportunity for Plan Improvement: Utilize the fee information provided to help improve your current plan or assess whether maintaining your investments at an old retirement plan makes sense. 

For more details regarding the regulations and what they mean for you, please read our white paper at www.sperosmith.com or contact us at info@sperosmith.com.

Spero-Smith is a fee-only, independent investment adviser based in Cleveland, Ohio.  Serving individuals, small businesses and non-profits since 1972.

Stock Performance in Election Years

Several of our investment management clients have asked if stock market performance tends to differ much in election years compared to all years.  So I was pleased to see an exploration of this topic in a recent report by Bespoke Investment Group, a service that does an excellent job of examining market-related phenomena.  Bespoke included a graph showing that full-year performance of the S&P 500 in election years has averaged about the same as in all years over the 1928-2011 period.  While the full-year average returns of about 7% have been similar, the monthly returns have differed considerably.  As shown below, the S&P index in election years has tended to lag noticeably during April and May before starting to close the gap.

Bespoke Investment Group, 4/20/2012

Of course, we’re not terribly excited to see that full-year returns have averaged about 7% in election years, when we’re already up about 11% so far this year.   But then Bespoke made another comparison—between 1936 (when Roosevelt was running for re-election) and 2012 (so far).    This comparison is a lot more exciting!  As shown below, performance in 2012 has been tracking 1936 quite well through mid-April.   And the market in 1936 went on to post a full-year gain of 27%.

Now, of course, we know the folly of expecting future returns to resemble any particular past returns, and we do not engage in any short-term predictions about the markets.  But, on a rainy afternoon following a couple of weeks of anemic economic reports, the article provided some short-term pleasure.

Bespoke Investment Group, 4/20/2012

Today is April 17th, do you feel a tremendous burden off your shoulders?

Today is April 17, do you feel a tremendous weight is off your shoulders?

This isn’t just because you got your 2011 tax return submitted before tonight’s midnight filing deadline; today is also National Tax Freedom Day, according to the non-partisan research organization The Tax Foundation.    The fact that the two fall on the same day is quite coincidental, as Tax Freedom Day has ranged from January 19th (most recently in 1913) to May 1st (2000).

So just what is Tax Freedom Day?  It is the day to which Americans, in aggregate, have worked just to pay off our total (federal, state, and local) tax bills for the year, including personal income taxes, payroll taxes, corporate income taxes, property taxes and sales taxes.  We get to keep what we make for the remaining 258 days.

I found the state-by-state breakdown very interesting, which points to the day when the residents of each state have finally earned enough to pay all of their taxes for the year.   Our home state of Ohio is April 12th, five days earlier than the national average and the same as the state of Florida, which has no state income tax. 

Hang on a second, aren’t Ohio retirees longing to become Florida residents in part to escape Ohio taxation?  What gives?  Well, the short answer is that each state’s Tax Freedom Day is not particularly a good assessment of the tax burden of any individual taxpayer.  Florida’s higher average income (think LeBron James and Oprah Winfrey) leads them to pay more under a highly progressive Federal tax in aggregate, which is what the Tax Foundation is attempting to quantify.

What I have found more useful for clients trying to understand the tax impact of moving or taking up residence in another state in retirement was a resource produced by retirementliving.com, which also provides links to more detailed information. 

Of course, we believe that residence decision should be primarily based on lifestyle choice rather than taxes, but it is extremely important to at least understand the financial impact on your financial goals.  For example, based on the assumptions in one particular client situation, we estimated the impact of moving from a higher tax state to a lower tax state would increase the likelihood they would achieve all of their financial goals by only 2 percentage points, but that their net wealth would increase by almost 15% in the median scenario.

Every client situation is unique but one thing is consistent.  Total cash flow need is a significant determinant in your ability to make your money last your lifetime and accomplish other long-term financial goals.  The cost of underestimating expenses can significantly impact the range of expected outcomes.  And as I stated in Lessons We Will Likely Learn, taxes matter. 

For another interesting perspective on the 3.8 million words that make up our tax code here on Tax Day, please read Dan Ariely’s blog.