How to Stay Afloat in a Changing Economy: the Ins and Outs of 401k's and Tax Audits
October 2008
By Lance Wallach
Government officials now expect 401(k) plan sponsors to conduct periodic due diligence reviews. With respect to their 401k or other retirement plans, the problem is that most sponsors (owners) do not have the in house resources to do so.
This is not something that 401(k) plans historically did. On the heels of the recent mutual fund scandals, though, Labor Department officials indicated that sponsors had a duty to periodically investigate plans and benchmark funds and fees.
Baby boomers are now retiring, and their 401(k) accounts often are their primary source of retirement income. A sponsor potentially could be liable for less than stellar 401(k) account growth if employees can claim that he did not meet his fiduciary duties.
Trusting the reputation of a major mutual fund company is not enough anymore. Sponsors must investigate and compare their plans to other programs at least every two to five years, as well as demonstrate that their plan expenses are in line with what others are paying. Blind trust is not prudent. You need a process, and you need to document that process.
Every fiduciary decision has to be made through a careful process. According to ERISA, the primary plan fiduciary is the sponsor, i.e., the employer.
Therefore, it is the employer's responsibility to ensure the prudent selection and oversight of plan vendors.
Sponsors must monitor vendors in two ways: micro monitoring, which should occur annually, examines plan features and services, while macro monitoring every three years or so allows sponsors to benchmark with competitors.
Smaller employers who comparatively lack resources and manpower find it difficult to monitor vendors to this extent. Thus, owing to ERISA provisions that compel bewildered sponsors to take on experts to help with due diligence, most small to mid sized plans will need to hire consultants.
There is potential liability if due diligence reviews are not conducted. Failure to engage in a prudent process may breach fiduciary duties, which may render the sponsor liable for damages. For example, if plan participants pay fees that are higher than the current market rate because the sponsor did not perform a review, that fiduciary could be liable for the higher fees.
But as long as the sponsor can prove he did a proper investigation, he can potentially shield himself from liability. The employer has to show that he engaged in a prudent process and that he made a reasonable decision based on that process. This applies to all retirement plans, not only 401(k) plans.
However, as the economy begins to falter, the risk of being audited becomes an increasingly higher risk. The IRS looks for some things on tax returns which make an audit of your return more likely. This includes putting too many zeros on a tax return. For example your are better off deducting $797 for charitable contributions than taking an $800 deduction. The IRS is looking to find people who guess, estimate, or make up numbers. An $800 deduction looks like an estimate or worse. A $797 deduction looks like you figured out the true amount of the deduction. When the IRS audits you they are looking to get money. If you have the exact numbers on your return they would not ordinarily end with a few 00. For business owners a good way to get audited is to take a low salary, having a retirement plan that has not been updated to reflect new laws, and having independent contractors, illegals, etc. as your employees.
Under new tax laws, accountants will be forced to report you to the IRS under certain circumstances There is a new $100,000 fine for accountants who do not report directly to the IRS on you if you deduct certain things. You can still put what’s called listed transactions as deductions on your tax return. But your accountant has to write, on their own, directly to the IRS and tell them about any listed transactions that are on your return. Listed transactions can include certain types of retirement and insurance plans etc. The IRS has recently made your accountant a tax policeman. For more on this see www.vebaplan.com
But, in these perilous times, there are a few creative ways to reduce your insurance or tax costs. Utilizing techniques such as HSA to reduce insurance costs and taxes, VEBAs to lower taxes, deduct succession and estate planning costs, insurance swapouts processes to limit insurance costs, 412(e) to obtain large tax deductions or life settlements to get paid for your life insurance without dying will be helpful when looking to save money. If you want to know how good your accountant is ask him how many of the above techniques he is using to reduce your taxes. By applying some of these techniques to your every day life, it will allow you to substantially reduce your taxes, more efficiently save for retirement, reduce your health insurance and life insurance costs and change the way you spend money. Websites such as FinanceExperts.org can help you plan your finances accordingly by finding experts.
Conclusively, the best way to stay afloat in this hectic economy is to be mindful of what your future entails. Planning ahead and being cautious are two ways to be audit proof your tax return certainly, and in terms of 401k retirement plans, picking the proper retirement fund will benefit you as the years pass. You want investments that don’t lose a lot of money and to deal with financial institutions that will still be in business in the future. Checking www.Taxlibrary.us may be a good resource and can help you educate yourself on the importance of various tax savings ideas.
Lance Wallach, CLU, ChFC, CIMC, speaks and writes extensively about VEBAs, retirement plans, and tax reduction strategies. He speaks at more than seventy conventions a year and writes for over fifty national publications. For more information and additional articles on these subjects, call 516-938-5007/935-7346. The information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.
Lance Wallach, pension & benefits, insurance & tax reduction expert. www.Taxlibrary.us
Article Source: http://www.ArticleBiz.com
2008/12/10
How to stay afloat in a changing economy: The ins and outs of 401K's & tax audits
2008/12/09
Few People Care To Understand Loan Terminology
By: Amanda Hash
Absolutely true. There are so many people who read the fine print believing they understand it all that it is surprising that there are not more defaults. Reading does not mean understanding all the financial jargon, purposely put to define and give a frame to loans, not to make you fall for them. If you do, it is your responsibility…
It Is Not All "Bull-jargon"
Fees have names that not always suggest what they cover. Underwriting, for example, may mean one thing to the unwary, but in finance it means the act of analyzing the information and situation of a borrower and determining the correct "package" or set of conditions for the loan he is applying for.
Escrow is the middleman, who takes care of all the procedures and handles the legal documents for a transaction and the disbursement of funds. Forbearance is the act of manifesting in writing, the lender’s will not to carry out legal action on a mortgage with missed payments.
So, Everything Has Its Meaning
A special term may suggest something to the profane customer and have a totally different meaning. Likewise, the fine print or small writing: Do not pretend you understand all it says, just out of not wanting to show your lack of knowledge. Whatever you do not understand, ask. Take a copy home and consult whatever you do not know or are not sure about, with someone who does know.
There are also expressions that complicate matters for you, the borrower. But then again, you are not expected to be expert loan agents. Just know what you are in for. Know what to expect during the term of the loan. Principally, what you are entitled to, whether it is a refinancing to change the duration or change the character of the interest rate from fixed to adjustable or vice versa. You must know what you are not allowed to do and what you are expected to do under certain circumstances.
Consider This
"Herein", "whereby", "hereafter", "inasmuch" and "hereinafter" sound so stupid to a profane ear. More often than not, they confuse people and even make them think it is the opposite of what they really mean. They are placed, so to speak, so that there will not be any misunderstanding… to a knowledgeable loan agent or an attorney. Not to us, simple beings. But then, if we do not know a word or expression, let’s ask, folks!
PMI
Private Mortgage Insurance is meant to cover only the payments that correspond to the portion of the loan up to 20% of the value of the house you are purchasing. It does not last the whole loan. So, it is important to know, that as from a certain date, you will not have that expense any more and that your lender is obliged to communicate this to you.
One thing that misguides even those who are supposed to be familiar with these matters is the APR. It is not what its name suggests. It means Annual Percentage Rate but it is not only the interest rate, but a set of fees added to the rate and proportionally distributed on a yearly basis. It is even confusing to the loan agents, sometimes. Does that make you feel better? Even so, do not be shy. Ask whatever it may be a dozen times. You will not get turned down for that.
Amanda Hash is an expert financial consultant who specializes in Bad Credit Loans and Guaranteed Approval Personal Loan. By visiting http://www.yourloanservices.com/ you'll learn how to get approved and recover your credit.
2008/11/03
How About a Credit Amnesty?
by: Robert Melaccio, Sr
Sound crazy well think again. That money is lost and it will impact the taxpayers of America like it or not. Zero, from zero is still zero. You can't get blood from a stone. So a Credit Amnesty will in my opinion stop most if not all of the litigation and it will put money back into the pockets of Americans NOW. Along with capping interest we can make an impact and help a turnaround ASAP.
How can we do this.
1- We take all the debt that will never be repaid, regardless of what they pursue, there is nothing to get from people. Ruin their credit, what credit and zero, plus zero is still zero. So allow those Credit card companies to get a write off over time. Sort of depreciation of the debt. That puts money into their pocket. They do this anyway and the debt is already insured for failure as we all know.
2- The card holder will not be freed of that debt but that action gives them X dollars immediately. Real cash as it become available to them and it keeps those who are now on the edge from falling over. Yes and it stops the calls, harassments, the legal activities and provides breathing room to pay critical and essential items like utilities, gas, food, rent.
Now people will say why reward default and I agree. No free ride. So while zero from zero is still zero and you can't get water from a stone I say once these people get back to work, or if they are currently working, they will be taxed a percentage of their take home pay, or from any year end return they may get. Lets say according to their outstanding debt on a scale basis until paid back to the American people.
Now settlements are made every day. Our government can settle with both, just like these Credit Card Companies and the IRS do for pennies on the dollar. That amount to be paid by the debtor over a fixed term depending and on age and with no prepayment penalty. In hardship cases it would be forgiven and written off, just like they do now.
They only credit a defaulted person will be eligible for is the deposit type until all is repaid. That credit can be with a fixed rate, limited fees, penalties and charges that will help families immediately.
Too simple, not simple, well like I said it is what happens everyday. If you want to get this nation moving credit wise you need to remove that bad credit debt as well and do it now. Destruction is not the answer and this action, like with home foreclosures, will make a real and immediate impact to all markets and investors alike. Yes especially investors who will get the tax benefit write off and the card holder who will be unencumbered and hgave money in their pocket.
Robert T. Melaccio Sr. 2008 Copyright ©2008 Robert Melaccio Sr
2008/10/30
A New Take on Bank Home Foreclosures
by Mark Walters
The real estate foreclosure process has become all too familiar to millions of homeowners. Did many of them make mistakes when they bought homes they could not afford? Did they find themselves upside down and were they forced to use credit cards to meet their monthly mortgage payments? Sadly, the answer for many of them was yes.
On the other hand, thousands of those middles class homeowners tried their best to find a way to head off a foreclosure. They made attempts to contact their mortgage holder to try to workout an extended payoff period. The problem was that thousands of other homeowners were trying to do the same thing and bank's loan mitigation departments were overwhelmed with requests for help.
Many facing foreclosure actually were able to find buyers for their homes if they could get the bank to agree to a short sale. Here again, the lender was so backed up with similar requests that the homes often went to foreclosure auction before a reply was received from the bank.
Lenders were forced to make business decisions that led to a complete breakdown of the real estate finance system. We won't waste time here pointing out that the genesis of the crisis was centered in Washington DC and a certain group of politicians.
With no where to turn who can blame many of the home owners facing foreclosure for just walking away from their homes. Some had the courtesy to drop their house keys into an envelope and send them back to the lender. That was so widespread that it became known as "jingle mail".
We would never advise anyone to walk away from a home just because they couldn't make the mortgage payment. Why do it? There are tens of thousands of foreclosed homes sitting vacant in the U.S. How many months do you think it will take lenders to begin asking people to vacate those homes?
There are not an army of buyers eager to buy homes. Banks don't have enough people employed to even make one visit to many of the homes they have acquired through the foreclosure auction process.
My advice is to stay in the home until you are asked to leave. Even then stall as long as you can. Congress is considering all kinds of giveaway programs and you might find that some type of rescue plan falls right into your lap. During the time you remain in the home you will be free of monthly payments. Begin saving every nickel for a fresh start when you are asked to move.
What about investing in foreclosure homes? There are plenty to choose from and prices have come so far down from peak-of-the-bubble prices that they all seem to be bargains. Recent figures show that home sales have risen slightly, but prices are still trending down… and there's the danger. Exactly what is the true value of a house today?
The U.S. is in for a few years of serious financial problems. What seems like a bargain today could be a buying disaster a few months from now. The long uptrend in home prices has been broken and it could be years before it is reestablished.
If you can buy banked owned homes by the dozen you may be able to get them so far below market value that you will be protected from any further drop in price, at least for awhile.
Another tactic is to have a plan that will allow the houses you buy to produce profitable income no matter what happens to values. One way to do that is to revert to the old fashioned idea of room rentals. Many workers will be losing jobs or taking employment at a greatly reduced earning level. They will need a place to live. You can generate more income by renting rooms rather than renting the home to one person or family.
The world is now living in a "bail out" economy. You must adjust to prosper.
About the Author
Mark Walters is a third generation real estate investor and founder of CreatingWealthClub.com. For a limited time Mark is offering his big guide to finding hard money loans for real estate investing free. Free guide to private money loans. http://www.FindPrivateMoney.info
