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Synergy Financial Group Newsletter - March 2009

Synergy Financial Group


George Van Dyke
Financial Consultant Will the Estate Tax Stay Repealed for 2010?
401 Washington Ave Suite
700 In 2001, a law was • Replacing the step-up in basis rule with a
Towson, MD 21204 passed that gradually carryover basis rule (also transferring the
410-825-3200 phased out the tax burden to heirs in the form of capital
gvandyke@synergyfinancialgrp.com
www.synergyfinancialgrp.com federal estate tax gains tax)
through 2009, and
repealed it altogether President Obama has endorsed the following
Hi Everyone, reforms:
in 2010. That law,
Happy Spring! March however, "sunsets" or expires in 2011 and • Freezing the estate tax at 2009 levels
has been a very busy reinstates pre-2001 tax law levels (with an ($3.5 million exemption and 45% top rate)
month for us. We exemption of $1 million and a top tax rate of
55%). Since 2001, the economic and political • Indexing the exemption for inflation
have been performing
climate in the United States has changed sig-
many free financial nificantly. The federal budget deficit has bal- • Disallowing or limiting valuation discounts
audits for folks who looned, the financial markets have been in Planning for continued uncertainty
have been neglected turmoil, and most importantly, power has
by their Financial shifted to the Democrats. So, the question is: All indications point to the estate tax remain-
Advisors over the past just how likely is it that 2010 will be an estate ing for the foreseeable future. While the un-
year. If you have tax-free year? certainty that continues to surround the exact
reached out to us components of the estate tax may tempt some
recently, please be Chance of repeal?...virtually zero individuals to do nothing or wait and see, it
patient and we will do Of course, anything can happen, but Presi- may be wiser to review your plans now to en-
our best to get back to dent Obama has made it clear that he be- sure that they can withstand the winds of
you as quickly as lieves the estate tax should continue in some change.
possible. form or other. And in the Senate, Finance Creating a flexible estate plan is the key to
Committee Chairman Max Baucus has firmly avoiding the pitfalls of future tax law changes,
Regards, stated "...repeal isn't going to happen." With as well as changes that may occur in your
increased Democratic majorities in both cham- personal life. A flexible estate plan uses lan-
George Van Dyke bers of Congress, it seems highly likely that guage and provisions in wills and trusts that
some action will be taken soon to head off the maximize the ability to pass estate assets free
In this issue: one-year sabbatical scheduled for 2010. of estate taxes. And other tools, such as dis-
claimers and powers of appointment, can al-
Will the Estate Tax Stay Future of the estate tax
Repealed for 2010? low heirs or trustees to respond to circum-
Several bills have been introduced in Con- stances existing at the time of your death.
Is Your Insurance Company gress in the intervening years since 2001,
Safe?
some calling for full repeal, others for reform. Beyond tax
What You Don't Know Can Reforms that have been proposed include: Remember that dealing with estate taxes, no
Hurt You matter what the future may hold, is just a
• Raising the exemption and/or lowering
piece of your estate plan. An experienced
How much of your company's the tax rates
stock should you hold? financial professional can help you identify
• Making the exemption "portable" between strategies that may help you achieve your
spouses (allowing surviving spouses to overall estate planning goals.
use any unused portion of the deceased
spouse's exemption)
• Replacing the estate tax with an
inheritance tax (transferring the transfer
tax burden to heirs)
Page 2

Is Your Insurance Company Safe?


The recent financial This statistic compares the insurer's total as-
difficulties of some of sets to its total liabilities. For example, a favor-
the largest and oldest able assets to liabilities ratio may be $108 of
insurance companies assets for each $100 of liabilities.
may have you Comparing companies
wondering about the
financial strength of Many insurers subscribe to the Standard
your insurer. Here are Analytical Service, Inc., an independent or-
some sources of ganization that compares insurance compa-
information that you can use to help you nies based on financial statements filed with
determine whether your insurance policy is state departments of insurance. Many insurers
safe. publish the Standard's reports on their
websites.
It’s in the ratings
The reports compare insurers based on a few
There are several rating services that review, important statistics. One such statistic com-
evaluate, and rank insurance companies pares the ratio of an insurer's bonds, stocks,
The standards based on their financial strength and cash, and short-term investments to liabilities.
used by each claims-paying ability. The primary players in A higher ratio of liquid assets to liabilities may
ratings service the ratings game are A.M. Best indicate the company's ability to cover
differ, and the (www.ambest.com), Standard & Poor's unforeseen emergency cash requirements if
ratings (www.standardandpoors.com), Fitch they arise.
ultimately reflect (www.fitchratings.com), Moody's
the service's (www.moodys.com), and The Street.Com Another statistic compares an insurer's sur-
opinion of the (formerly Weiss, www.thestreet.com). plus assets to life insurance in force. A high
financial ratio of surplus to life insurance in force pro-
The standards used by each ratings service vides evidence of a company's ability to meet
strength and
differ, and the ratings ultimately reflect the its claims obligations.
claims-paying
service's opinion of the financial strength and
ability of the If you claim benefits from your policy during a
claims-paying ability of the insurer--it is not a
insurer--it is not period of extraordinary claims activity, will your
guarantee of future performance. So you
a guarantee of insurer be able to satisfy your claim? The
should consider your insurer's ratings from at
future chances are better if the insurer has a high
least two or more services to determine its
performance. ratio of assets, including capital, to policy
financial strength.
reserve liabilities. A high surplus ratio may
State regulation indicate a company's ability to meet its claims
Insurance companies are heavily regulated by obligations even during a period of high
the states in which they are headquartered. volume.
Generally, each state requires that an insurer If the worst happens ...
has sufficient reserves to pay all of its claims.
In addition, states require that companies file If your company experiences severe financial
updated financial reports that often are difficulties, it might be taken over by the
available to the public through the state's state's insurance department. Generally,
insurance department. Check with your state's claims continue to be honored as long as pre-
department of insurance for information about miums are current. If the company lacks suffi-
the company maintaining your policy. cient assets and reserves to pay all claims,
the state's guaranty association will either pay
Important financial information claims directly or transfer the policies to a
While financial ratings are important, there are financially stable insurance company that will
other sources that provide financial informa- honor the claims. The National Organization
tion about your insurer. For instance, the Na- of Life and Health Insurance Guaranty Asso-
tional Association of Insurance Commission- ciation (NOLHGA) provides information on
ers (NAIC) is an organization representing the state guaranty associations and insurance
insurance departments of all 50 states. You companies that have failed or are in danger of
can access their information by going to failing (www.nolhga.com).
www.naic.org. An important statistic contained
in the NAIC's financial report of each
company is the assets to liabilities ratio.
Page 3

What You Don't Know Can Hurt You


You've probably heard the saying, "what you you have plenty of other income or life insur-
don't know can't hurt you," but when it comes ance to replace the pension for your surviving
to your finances, ignorance is not necessarily spouse.
bliss. It's easy to make bad financial decisions Owning assets jointly
when you lack sufficient information or you are
misinformed. By the time you realize your Owning assets jointly often can be a good
mistake, it's usually too late to correct it. Here strategy to avoid probate or minimize estate
are several common mistakes that can be taxes. However, this form of asset ownership
avoided with just a little bit of forethought. also has disadvantages. The joint owner has
equal rights to the jointly owned asset, mean-
Naming the wrong insurance beneficiary ing he or she can withdraw from a joint bank
Life insurance has many or brokerage account or sell his or her interest
benefits. Among them is the fact that death in the asset without your consent. In addition,
benefits are generally paid adding someone's name to
directly to the beneficiary you an asset may be considered
You could make financial a gift, subject to possible gift
name in the policy without decisions that turn out to
passing through probate. But taxes. And, owning assets
be wrong because you jointly exposes those assets
what happens if the benefici- lack sufficient
ary you name is unable to to the creditors of your joint
information or you were owner. Finally, with respect to
accept the death benefit, be- misinformed altogether.
cause he or she is a minor, long-term care planning and
deceased, or incompetent? In Medicaid qualification, adding
these circumstances, unless a joint owner can negatively
you've named an alternate beneficiary, the life affect your Medicaid eligibility.
insurance proceeds will be subject to all of the What can you do before it's too late? Consider Other common
expenses and delays associated with settling the ramifications of joint ownership carefully mistakes
an estate through probate. before implementing this strategy. If your • Failing to provide
What can you do before it's too late? Review intent is to leave the asset to the joint owner, for financial loss
your life insurance beneficiary designations at alternatives such as payable on death due to a non-work
least annually to be sure the proceeds will accounts, trust designations, or life estates related disability
pass to the proper beneficiary without the in- may accomplish your goal and protect your • Miscalculating how
volvement of probate. Also, consider adding interest in the asset at the same time. much life insurance
at least one contingent or alternate beneficiary Underinsured homes you need
in case the primary beneficiary is unable to
Imagine this scenario: you just suffered • Owning too much
receive the proceeds.
through a terrible fire that destroyed your company stock in
Selecting the wrong pension option home and most of its contents. You get an your employer-
estimate on the cost to rebuild your home and sponsored
If you're lucky enough to have an employer- retirement plan
sponsored pension for your retirement, the file a claim with your homeowners insurance
distribution choices you make usually can't be carrier. To your shock, you find that they are • Underestimating
changed, regardless of whether your circum- not going to cover the entire cost to rebuild. how long your
stances change. Before making your choice, You thought your policy covered the full re- retirement may last
get all of your plan's options from the plan placement cost of your home. However, the • Overestimating the
administrator and review them with a financial policy actually provides extended replacement annual rate of
professional who can help you crunch the cost, which offers up to 120% of the policy's return you'll earn
numbers. Estimate your retirement income face amount--not enough to cover all of the on your
needs, then determine what the best strategy costs to rebuild your home. investments
is for you and your family. What can you do before it's too late? Review • Trying to save for
What can you do before it's too late? If you're your policy at least annually and make sure your children's
married you're required to take a joint and the face amount is enough to cover the cost to college education
survivor option, unless your spouse waives his rebuild your home should the unthinkable at the expense of
or her rights to your pension. If you elect the occur. That means you need to know the ap- saving for your
single life option, your payments will be larger, proximate cost to rebuild, including any addi- retirement
but at the expense of a future spousal benefit. tions and improvements you made to the
If you choose the single life option, make sure home. Also, take into consideration increasing
costs of materials and labor.
Ask the Experts

How much of your company's stock should you hold?


No matter how good a com- prohibited from investing more than 10% of its
pany you work for, you holdings in the company's own stock.
should think carefully about Ironically, the better your company's stock has
how much you should have performed, the greater the chance that it may
invested in it. Yes, there are have grown to dominate your portfolio. How-
companies whose employees have become ever, even if your company is a good one,
Synergy Financial Group wealthy from company stock that was part of working at a company means you've invested
George Van Dyke their compensation. But there also are stories your "human capital"--your earning ability--in
Financial Consultant about employees of companies such as En- that firm. If you also have a large portion of
401 Washington Ave Suite ron, Bear Sterns, and Lehman Bros.--people your investment capital there, your financial
700 who believed in their employers but learned well-being is even more dependent on a sin-
Towson, MD 21204 the hard way that allowing one company--
410-825-3200 gle company. If a company's stock is suffer-
gvandyke@synergyfinancialgrp.com
especially a current employer--to dominate ing, it might react by cutting jobs company-
www.synergyfinancialgrp.com their investment or retirement portfolio can wide. If yours were one of them, both your
have devastating consequences. human and investment capital would be hit.
The opinions voiced in this According to the most recent Employee Bene- And don't forget to consider whether an equity
material are for general fit Research Institute statistics (Issue Brief No.
information only and are not mutual fund you hold also may have invested
intended to provide specific 308, August 2007), company stock represents in your company's stock. You can find out a
advice or recommendations for an average of 11% of 401(k) plan participants' fund's holdings by checking its annual and
any individual. To determine assets (though that percentage is less than in
which investment(s) may be semiannual reports. You can use the informa-
appropriate for you, consult your previous years). However, few mutual fund tion to estimate your total exposure to your
financial advisor prior to managers would allow a single stock--any employer's stock.
investing. All performance stock--to represent that much of a fund's port-
referenced is historical and is no
guarantee of future results. All folio. And a corporate pension plan is actually
indices are unmanaged and
cannot be invested into directly.

The tax information provided is


not intended to be a substitute for
What issues might company stock options raise at tax time?
specific individualized tax
planning advice. We suggest that If stock options are part of your compensation employee, should be listed on your W-2 form.
you consult with a qualified tax package, a significant market downturn can
advisor. mean special financial pain. If you exercised incentive stock options
(ISOs), tax is ordinarily deferred until you sell
Securities offered through LPL In many cases, people who receive options to the stock that you acquired. However, unless
Financial, Member FINRA/SIPC
buy their company's stock find that during a you sold the stock in the same year that you
downturn, the stock's market price is lower acquired it, you have to factor in the alterna-
than the option's exercise price. Since few tive minimum tax (AMT). For AMT purposes,
would choose to exercise an option that re- when you exercise an ISO, income is gener-
quires paying more than the market price, the ally recognized to the extent that the fair mar-
option is said to be "underwater"--a situation ket value of the shares when acquired ex-
that was widespread last year. If your options ceeds the option's exercise price. This means
are underwater, it's worth checking to see if that a significant ISO exercise in one year can
your company has considered asking its trigger AMT liability, even though no income is
shareholders to approve repricing the options, actually received. This application of AMT
or exchanging them for a smaller number of could be a real problem if you exercised the
options with a lower exercise price. Some options in early 2008 and later saw the value
companies are taking such steps to try to re- of the stock you received dramatically decline
tain valued employees. in value. If you are subject to AMT as the re-
sult of an ISO exercise, you'll be entitled to a
If you exercised options to purchase your resulting AMT credit that can be used in future
company's stock in 2008, you may face a years.
Prepared by Forefield Inc, more complex problem. The type of option
Copyright 2009 and when you exercised it can raise a number The Emergency Economic Stabilization Act of
of issues at tax time. If you own nonqualified 2008 included some relief for taxpayers who
stock options, you'll generally owe ordinary exercised ISOs prior to 2008, and makes it
income tax on the difference between the easier to claim unused AMT credit. However,
exercise price and the stock's market value as it will be of little help if you exercised ISOs in
of the date you exercised it. That amount is 2008. For more information, talk to a tax
considered compensation and, if you're an professional.

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