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ADVANCED PLA
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ESTABLISHED
1993
=============:;"'" May 2010 Newsletter
A Fitting Tribute Inside This Issue • Financial Planning • Legal Planning • Tax Planning • Travel • Get a Better Back • More Fat Burners • Recipe
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Guy Hatcher, CFP@ 201 Countryside Court Southlake, TX 76092 (800) 477-3652 (817) 416-1975
www.apnow.com
Barbeque, potato salad and homemade ice cream seem to be much desired items as Memorial Day rolls around each year. Friends and families join together to celebrate a national day of ----- Do we really remember? A recent Gallup poll survey suggests that only 28% of Americans remember the reason we celebrate Memorial Day. Such a sad static is a symptom that we no longer stand on a foundation created by the men and women who dedicated their lives for the betterment of us all. We have become a nation of "ME" instead of a nation of "US". In 1861 in his first inaugural address, Abraham Lincoln said, "The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land ... " While Memorial Day had not yet been established, it was clear that Lincoln captured the spirit of the holiday. In an effort to restore Americans' understanding of this important day, the United States Congress created the National Moment of Remembrance. The moment is intended to create a national act of unity that provides a sense of history to all citizens and ensures that younger generations understand the
sacrifices that have been made to preserve our liberties. This Memorial Day, at 3:00 p.m. local time, spend a quiet minute remembering those who died fighting for our great nation- and make a commitment to give something back to our country in their memory.
Open House in June Now that the weather is nicer and we are settled into our new offices, we hope you will join us during an Open House next month. Patrick McKinley, Steve Hutchings, Lee Smith, Guy Hatcher and staff would love to give you a tour of our new office home. Light refreshments will be served.
Thursday, June 17,2010 3:00 p.m. - 6:00 p.m. 201 Countryside Court Southlake, Texas 76092 Directions: Off Highway 114, exit White Chapel, go South on White Chapel; turn right onto Countryside Court. We hope to see you there.
Financial PlanningBy Guy Hatcher, CFP®
Charitable Gifting Despite the recession, Americans haven't shut down much of their charitable giving. According to the Giving USA Foundation, U.S. charitable giving stood at $307.65 billion in 2008, down only 2 percent from the previous year. This year may not be an exception given the outpouring after the Haitian earthquake. But if you're going to give, give smart. It makes sense to develop a long-term giving strategy that dovetails with your current finances, your estateplanning strategy and your values. Here are ways to research and give to nonprofits and charities:
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Life estate agreements let someone with a home or farm to keep living there while they receive a tax deduction for the gift. When they die, there may be savings in probate costs and estate taxes.
Pooled income funds are now offered by established mutual fund companies and allow you to deposit money now for distribution to charity in the future while allowing you to receive tax-advantaged income. Consider making a major donation if the charity or foundation will accept it: If you know of a foundation or charity that you want to support, research it first and then see what its policies are toward accepting donations of cash, stock or property. Now all foundations accept gifts from the general public. e
Go online: More than ever, the Internet is a great starting point for investigating various charities. Among them: www.Guidestar.org. www.Charitynavigator.org, www.Charitywatch.org and www.Give.org are search engines that give detailed overviews of various charities, but they also help you identify nonprofits that work within specific causes and 'subject areas. A foundation called Philanthropedia not only rates various non profits but allows visitors to make direct donations through the site. If your charity is not on the Internet, request a copy of their Form 990, the form the Internal Revenue Service requests from all nonprofits. The IRS did an overhaul of the form in 2007 to request more information on governance. While the forms are detailed and sometimes tough for neophytes to understand, it's not a bad idea to keep the information on file as you discuss the material with your advisers. Figure out if you'll need income from your gift: There are ways to draw income from donations. Our team can work with you in understanding the following options: •
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Charitable gift annuities allow a donor and a charity to enter into an annuity agreement that will allow payments back to the donor that may be partially or all tax free; Charitable remainder trusts allow someone to donate cash or appreciated property to a trust that can sell the appreciated property and distribute proceeds to the donor on a taxadvantaged basis;
Tax Planning by . Patrick J. McKinley
Certified Public Accountant
Today's Estate Tax Rules As of today, estate and generation transfer taxes are repealed for estates of decedents dying in 2010. Many had thought that the current Congress would eliminate the estate tax repeal before it went into effect, however, that has not happened. Now, as even more time has passed without Congressional action, let's take a closer look at that apply for property acquired from a decedent dying in 2010. This replaces the fair market value basis rules that previously applied to inherited property, also known as the "step-up and step-down" rules. Old Rule (Before 2010) Beneficiaries of estates inherit property with a basis equivalent to the fair market value at the time of the decedent's death. This was the value used to determine capital gain/loss upon the sale of the property.
New Rule (For 2010) The current law determines the basis of inherited property. This is also referred to as the "carryover basis rule". Under this new rule, beneficiaries of estates inherit property at the same basis it was in the hands of the deceased owner. There is an obvious potential to increase the amount of gain and tax when the property is sold. Congress has allowed a reprieve for some individuals, allowing a step up in basis of: •
$1.3 million exemption for certain property owned by the decedent, and
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an additional $3 million exemption step up for property passing to a decedent's spouse.
Legal Planning By Lee Smith
Attorney at Law
Grantor Retained Annuity Trust A Grantor Retained Annuity Trust or GRAT for short is an irrevocable trust that allows the Grantor (parent) to transfer a significant amount of wealth to the next generation for minimal estate or gift tax dollars. How the GRAT operates: •
The parent can transfer certain assets into the name of the GRA T and retain the right to receive an annual annuity payment for a number of years. The term of a GRA T can be a minimum of 2 years up to 20 years. When the term ends, the amount left in the GRAT transfers to the children without any estate or gift tax consequences.
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The amount of annuity payments that must be paid back to the parent is calculated utilizing an interest rate published by the IRS called the 7520 rate. The 7520 rate for May 2010 is 3.4% ..
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If the assets transferred into the GRA T appreciate more than 3.4%, the remaining value will be transferred to the children at the end of the term.
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Assets that are beneficial to transfer into a GRA T include both real estate and business entities. The current environment has lowered the value of these assets so a GRAT might be a great vehicle to transfer the future growth to the next generation.
Any property passing at death in excess of these amounts will receive carryover basis which will result in the heirs paying income tax on the sale of the asset. Potential ProblemsThe current law creates issues for the executor and heirs of the assets. The executor of an estate must file with the IRS: the basis in the property, to whom the property has been distributed and whether any-of the $1.3 million exemption has been allocated to the property. The new rule for 2010 can also create family discrepancies since normally the executor is also a beneficiary. An example, the executor could transfer an asset to himself and not pay any income tax on the sale, but distribute another asset to another heir in which they would have to pay income tax when they sold their asset. This can lead to some obvious family problems as well as unfairness in distributions. We have found that most people do not know what basis is in their property which can result in the IRS determining it to be "zero." Assume the client has a zero basis in a piece of property and sells it for $200,000. Their long-term capital gain would create a $30,000 tax bill for the heirs. If the client has a $200,000 basis in the same property, there would be zero tax due. There are major changes on the horizon in regards to taxes and we should all be alert to alternative tax planning options. If I can answer any questions, please let me know .•
Of course, as all legal documents, a GRATis not meant for everyone. The cost of establishing the document and accounting upkeep will need to be considered in the big picture. Another drawback would be if the parent dies before the term has ended, all the value of the GRATis transferred back to the parent's estate. Because of the huge benefits GRATs create for some families, the current administration is proposing to limit the term of GRA Ts to a minimum of 10 years. The shorter term reduce the risk of the parent's death where the transfer Continued on next page
would be nullified. While this window might be narrowing, now is good time to consider a GRAT due to the current estate planning rules.
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Go where the U.S. dollar is stronger. Europe can be an expensive choice this year.
As always, if we can answer any questions or you have a special need, do not hesitate to call our office. e
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Select a place where they honor adjustable rates. During certain season or in certain areas, they will lower the cost of a 5 bedroom villa if your only require 3 bedrooms. Often this type of fractional rate is not published and must be requested.
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Research what the rate includes such as taxes, cleaning services, chef services and even up charges for paying by credit card.
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Use a rental agent who works directly with the villa/home owners rather than with property management companies who are not very flexible with prices and special requests.
Regardless of if you stay in town or travel abroad, may you enjoy a safe and joy-filled summer. e
Travel and Vacation 2010 Last year a record number of families chose a "Stay-cation" where they just vacationed out of their homes. They went to visit local points of interest such as museums, amusement and water parks. While the Stay-cation is always a cost effective solution, another option would be to rent a villa or house instead of a costly hotel stay. By staying in villa or home with a kitchen, you can choose how much or little you want to eat out thereby reducing the cost of meals. Renting a Villa or house for the first time can be a little frightening. Always begin with listing the places or types of places (e.g., beach, mountains, country) you would like to visit. Ideas to help you get the most out of your vacation dollars include: •
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Location, location, location - go where the cost of labor is low such as Mexico or certain areas of the Caribbean. Also, choose a destination where the supply is greater than demand. There are probably more Condos for lease in Destin, Florida than in smaller cities on the same coast. Create a budget and make a list of priorities so you can create expectations that you can afford. If you want a villa on the beach, perhaps you can forego the daily housekeeping services. If you don't need to be on the beach, but insist on a gorgeous view of the water, you may be able to save a bundle.
Get a Better Back Your mother probably told you to sit up and keep your head held high. She was giving you wise advice. Not only will you appear more confidant and poised, but it will strengthen your back and aid in the digestive process! 1. In the morning, stand in front of your mirror facing sideways. Make sure your ears, shoulders, hips, knees and ankles all form a straight line. Notice how your body feels when it is aligned correctly. 2. Check your chair at work or in your home office to insure your feet sit on the floor and that your eyes are level with your computer monitor. 3. Several times a day check your posture. Even set an alarm to remind you. When you are seated your shoulders should be down and rotated back. 4. At least five times during the work day, take a 60 second break to stand and stretch. 5. When you go to sleep, lay on your back or side. Just a few minutes a day can make a big different for your back. e
More Fat Burning Foods! Protein - Protein rich foods such as egg will help speed up your metabolism. It takes more energy to burn protein than carbohydrates. The protein prevents your weight loss from coming from muscle mass making it more likely to burn your fat reserves. Calcium- Found in Low-Fat Milk, Yogurt and even Swill Cheese, calcium rich foods can improve your body's fat to muscle ratio. People who eat some calcium rich foods each day have greater success in losing weight. Fiber- Fiber reduces belly fat. Identify if a product is whole grain when it is listed as the first ingredient on the nutrition label. Catechins- These powerful antioxidant compounds found in green tea also make an impressive stand against the belly fat especially when combined with moderate exercise such as walking. Fat- Good fats found in almonds and walnuts can also reduce your spare tire. In small quantities these nuggets of gold can curb your appetite with their fiber, protein and good fat. Flavonoids- These are natural chemicals found in plant based foods that have fat-fighting effects. Foods containing flavonoids are apples, sweet peppers and pears. Vinegar - It may have a reputation as one of the oldest diet aids for good reason. Researchers say vinegar turns on the genes that produce enzymes that help make the body break down fat. Omega-3 - Salmon is the Omega-3 fatty acid champion. Researchers are still trying to understand how Salmon (and the Omega-3) keep you from feeling hungry for 2-3 hours after eating it. Lignans- found in flaxseed, sesame seeds, multi-grain bread, hummus, garlic, dried apricots, soybeans, sunflower seeds, dates and pistachios, it aids in reducing body fat mass. Remember to eat a balanced diet, add a little exercise and drink plenty of fluids to make any wellness program a success. 8
Cilantro- Lime Chicken Just a three-minute dip into a pungent cilantrolime marinade is all that's needed to deliver big flavor to chicken breasts. 2 tablespoons minced fresh cilantro 2 112 tablespoon fresh lime juice 1 112 tablespoons olive oil 4 (6-ounce) skinless, boneless chicken breast halves 1/4 teaspoon salt Cooking spray
Salsa: 1 cup chopped plum tomato (about 2) 2 tablespoons finely chopped onion 2 teaspoons fresh lime juice 114 teaspoon salt 118teaspoon freshly ground black pepper 1 avocado, peeled and finely chopped 1. To prepare chicken, combine first 4 ingredients in a large bowl; toss and let stand 3 minutes. Remove chicken from marinade; discard marinade. Sprinkle chicken evenly with 114teaspoon salt. Heat a grill pan over medium-high heat. Coat pan with cooking spray. Add chicken to pan; cook 6 minutes on each side or until done. 2. To prepare salsa, combine tomato and next 4 ingredients (through pepper) in a medium bowl. Add avocado; stir gently to combine. Serve salsa over chicken .•
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Guy Hatcher, CFP® President
www.apnow.com
General GeO'ltge s. Pauen
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201 Countryside Court Southlake, Texas 76092