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Changes in Medicare for 2013 (Marketwatch)

5 mistakes retirees make choosing a Medicare plan

If you have Medicare coverage or you help someone who does, it's time for your annual homework assignment: comparing your options during open enrollment to see if you can do better.
It can be intimidating, but the payoff for your effort: potential savings of hundreds to thousands of dollars.
Through Dec. 7, Americans enrolled in Medicare, the federal health-insurance program for people 65 and older and the disabled, can make changes to how they receive their benefits. Those changes will take effect Jan. 1, 2013.
Over the next few weeks, beneficiaries can switch their stand-alone Part D prescription drug plan or enroll in one for the first time if they didn't sign up when they were first eligible. They also can join a Medicare Advantage plan, a private health plan that wraps medical and often drug benefits into a single HMO- or PPO-like product. Or they can drop out of a Medicare Advantage plan in favor of original Medicare, the government-sponsored program that doesn't have restricted networks of doctors and hospitals.
"What is daunting to Medicare beneficiaries is the sheer number of private plan options out there," says Fred Riccardi, director of programs and outreach for the Medicare Rights Center, a nonprofit group in New York. "They all have different premiums and copayments and different covered drugs and restrictions on drugs."
Here are five of the costliest mistakes beneficiaries often make during open enrollment, according to experts:

Mistake No. 1: Not bothering to give your current coverage a checkup

The first step is to take stock of what you have. Even if you like your drug coverage, make sure you review your plan's annual notice of change, a letter from the companies that Part D enrollees should have received by now, Riccardi says. "It should say whether a drug that they're taking is no longer covered," he says. "It should specify how their premium is changing or if a pharmacy is leaving the network." If you don't have any drug coverage, now is the time to consider hopping on board. Should you develop a health condition that requires prescription medication, your out-of-pocket costs without insurance could easily overshadow the 1% per month late-enrollment penalty you may accrue for delaying enrollment in Medicare Part D.

Mistake No. 2: Failing to shop around or only considering premium costs if you do

If you pass on seeing what's out there, you run the risk of overpaying for your drugs next year by default. "You really have to look to see that the drugs [you take] are covered at the best possible price," says Katy Votava, founder and president of Goodcare.com, a consulting service focused on Medicare and health-care costs in Rochester, N.Y. At minimum, beneficiaries should compare drug plans every two years because costs often creep up, she says. "People assume drug coverage is more standardized than it is." In fact, drug plans, which you can compare at Medicare.gov, are all over the map in terms of how they structure premiums, deductibles, copays and tiers of coverage. "You could have a $10 a month copay vs. a $40 a month copay. You could have one medication covered for $30 a month and the other not covered at all," Votava says, noting it's possible to save $2,000 to $4,000 just by being in the right plan. In addition to making sure the drugs you need are on the formulary, or list of covered drugs, and that your pharmacy is in the network, see whether plans impose prior authorization, step therapy, quantity limits or other restrictions, Riccardi says. Reasons to shop around include if your medications have cost you a lot in the last year, if premiums are increasing to an uncomfortable level, if you're using a lot of out-of-network care in a Medicare Advantage plan or if you've experienced poor customer service.
It's also easier to find quality plans this year, according to the Centers for Medicare & Medicaid Services, which has beefed up its star ratings system to alert consumers to the best-performing plans and remind those stuck in continuously low-performing ones that they can switch plans. Beneficiaries have 127 four-star or five-star Medicare Advantage plans from which to choose, up from 106 during open enrollment for 2012. And those in original Medicare have 26 high-performing prescription drug plans at their disposal, up from 13 last year.

Mistake No. 3: Failing to account for out-of-pocket maximums

This is the number that tells you how much you could pay in a year before the plan kicks in to cover what's considered catastrophic costs. Read the fine print to understand what the plan does and doesn't count toward its out-of-pocket max. Factoring in worst-case scenarios could save you thousands of dollars if you develop a condition that requires extensive health services or a pricey prescription drug. Then compare plans and do the math. "If you've had a Medicare Advantage plan where all your care providers were in the network and it had a low out-of-pocket max, like $1,700, then most people couldn't get a Medigap [supplemental insurance] plan that would cost less than that," Votava says. Otherwise, going with original Medicare and a Medigap plan to cover out-of-pocket costs might make more sense.

Mistake No. 4: Choosing a Medicare Advantage plan without first checking if your doctors are in network

About one in four Medicare beneficiaries choose a Medicare Advantage plan, which sometimes offer benefits beyond what's included in traditional Medicare. If you're considering a Medicare Advantage plan, remember that this model means seeing out-of-network providers can quickly become a costly proposition for you. Before signing up for this option, call your preferred doctors, specialists and hospitals to verify that they participate in the plan's network. This can get tricky if you travel a lot, spend winters in a different location or get a referral from your primary-care doctor to a specialist who's out of network. The good news is that while plans can add or subtract health-care providers from their networks every year, they can't be so picky about their members, Lipschutz says. "Medicare Advantage plans have to take all comers, with the minor caveat of people with end-stage renal stage."

Mistake No. 5: Assuming retiree health coverage from a former employer is automatically the best deal or misunderstanding how it interacts with Medicare's various parts

Retirees are often loyal to their old employers, says Votava, but their retiree plan may not be the gold standard in terms of value for their money. In some cases, retirees could get better coverage at a lower cost by going with original Medicare and a Medigap plan or a Medicare Advantage plan. A basic rule of thumb is if seniors are spending more than $250 to $300 a month for their retiree coverage, they should shop around, Votava says. "Even people who are paying $200 could be paying $125." Still, the decision of whether to drop retiree coverage can be complex and it's often irreversible, so take your time and seek professional advice if you need it. If you have retiree coverage from a former employer, make sure you follow its rules concerning Medicare Advantage and Part D, says David Lipschutz, policy attorney for the Center for Medicare Advocacy in Washington. Some retiree plans require you to enroll in a Medicare Advantage plan. Some will work with Part D plans while others prohibit you from signing up for a stand-alone drug plan, he says. "Sometimes people will enroll in a Medicare Part D plan and that enrollment might jeopardize their retiree coverage all together," Lipschutz says.
If you need help weighing your options or enrolling in a Medicare plan, there are several free resources you can consult.
  • Medicare.gov has a Plan Finder tool that works by plugging in your ZIP Code. Counselors also can assist you by calling 1-800-Medicare (1-800-433-4227.)
  • States also run help centers through Shiptalk.org.
  • AARP has Medicare enrollment guides in English and Spanish on its website, www.aarp.org.
  • You also can call the companies that provide the plans for help understanding their offerings. The Kaiser Family Foundation offers descriptions of how Medicare works on its website, kff.org.

Copyright © 2012 Dow Jones & Company, Inc. All Rights Reserved.

Free Stuff - things you should never pay for

This post comes from Stacy Johnson at partner site Money Talks News.


21 things you should never pay for


If you want to find extra money in your budget, stop paying for things you could get for nothing.


By MSN Money partner Oct 5, 2012 11:30AM

Money Talks News logoThere are only two ways to become richer -- make more or spend less.



One of the best ways to spend less? Stop paying for things you could get free.




Here's a list of 21:

1. Free cars for long-distance trips
Many people want their cars moved from place to place but don't want to do the driving. Sometimes these cars are delivered by truck, but often they're driven -- by people like you. If you have a clean driving record, a car delivery company like AutoDriveaway might hook you up.

I did car delivery a few times when I was in college and found it a great way to get where you're going. It's best if you're flexible about when you leave, return and perhaps even where you go. You still have to pay for gas, and the trip home can be problematic. I used to hitchhike, but smarter choices today would be bus, plane, train or waiting at the other end for another drive-away car.

2. Free lodging
Why stay in a hotel when nonprofit Couchsurfing.org offers tourists a chance to stay at homes for free? Make friends with sponsoring families throughout the U.S. and countries ranging from Croatia to France. You have to set up a profile on the CouchSurfing website, which provides tips on how to find families willing to open their homes to you. Obviously, the digs won't be fancy, but they'll be free.

Another way to get free lodging is to home swap.

3. Free audiobooks
Now you can find out for free the fate of Pip in "Great Expectations" or Elizabeth in "Pride and Prejudice" as you drive or jog. Download free audiobooks from nonprofit LibriVox.org, which has volunteers recording classics in the public domain. You can also volunteer to help by reading. LibriVox will even provide you with free recording software.

4. Free food
There's at least one day every year when you shouldn't think of paying for a meal. Frugal Living has a list of hundreds of businesses that offer birthday freebies, most of which are food. For a free libation at your favorite pub, do what I do: Loudly proclaim it's your birthday. Often people within earshot will pick up your next round.

5. Free food for kids
Don't go to another restaurant that doesn't feed your kids for free. MyKidsEatFree.com offers a roadmap of where you can save on kids' meals. You'll pay, but your kids won't at more than 5,000 restaurants across the country.

6. Free samples
Before you go to the drugstore and shell out silly sums for travel sizes of your favorite toiletries, go to Volition.com or one of many other websites that offer free samples. In addition to soap, shampoo, etc., you might find all manner of interesting things. For example, we've spotted circus tickets, a free diet analysis and free advance movie screenings. Other free megasites include TheFreeSite.com and Freechannel.net.

7. Free TV
While more than 100 million Americans shell out an average of $75 every month for satellite or cable TV, local channels are still free. And thanks to digital signals, reception is better than ever. You can also find free TV shows and movies online.

8. Free software
You can get free software for word processing, spreadsheets, presentations, graphics, databases and other uses by going to OpenOffice.org. And that's the tip of the iceberg. No matter what kind of software you want, you can probably find it for free.

9. Free anti-virus
This one could go under "free software," but it's important enough to warrant its own spot on the list. We provided a solution on MoneyTalksNews.

10. Free speech
Make your voice heard around the world with your own blog. Many companies will help you set up your own site at no charge, such as WordPress and Blogger. They'll even give you free, easy instructions and a choice of blog templates.

11. Free foreign language lessons
The BBC is on the other side of the pond, but it offers free 12-week classes to learn French, Spanish, Italian or German -- gratis. You'll even get a certificate at the completion of the course. The BBC also offers other audio and video courses in the four languages, as well as help with learning other languages.

12. Free checking
According to The Wall Street Journal, the average minimum checking account balance required to avoid a monthly fee at U.S. banks is $723, and the average monthly fee is $5.48. But banks aren't the only game in town. While not all credit unions offer free checking, the prospect of lower fees is one of the reasons you should join one.

Another option is online-only banks. Without the overhead that brick-and-mortar branches have, the terms are often much better. Consumerism Commentary ranks the best online checking accounts.

Too much hassle to leave your bank? Threaten to and see if you can have fees reduced or eliminated.

13. Free credit reports and scores
Don't pay for a copy of your credit report. Instead, go to AnnualCreditReport.com for a free look at each of your three major credit reports once a year.

As for free credit scores, you can turn to websites like Credit Karma or Credit Sesame, although they won't give you the most widely used score, the FICO score. For that, you could try enrolling in a FICO product that comes with a free score, then canceling within the cancellation period.

14. Free cash
Tired of paying a $2.50 "convenience fee" for using an ATM that's not in your bank's network? Use an app like ATM Hunter to find a branch ATM. If you can't find an ATM near you for a free cash withdrawal, no worries: Plenty of stores will give you cash back with no fee when you make a purchase with your debit card.

15. Free information
Use the search feature on your smartphone, or text a business name to Google, and you'll get the number texted back. You can also dial Free 411 at (800) Free411. The results are sponsored by companies (you'll have to listen to a 10-second ad), but it's free.

16. Free scholarship search
Plenty of websites, such as Fastweb, offer free searches for scholarships. A company called Free Scholarship Searches offers links to 40 websites that offer free scholarship searches.

17. Free baggage
My wife and I went to Europe for 10 days with just one carry-on each. If we can do it, so can you. But if you insist on checking a bag, try to fly with the only two airlines that allow a free checked bag: Southwest and JetBlue. And avoid the two that slap consumers in the face by charging for carry-ons: Spirit and Allegiant.

Need to check a bag and fly an airline that charges? Delta, United and American all offer credit cards that include checked-bag-fee waivers for cardholders and, in some cases, their companions.

18. Free entertainment
Your local library, parks and universities offer lots of free fun, from books and DVDs to plays and concerts. Join email lists to see what's up. And of course, there's the Internet, offering free games as well as articles. Just go to the website of your favorite news source.

Volunteering doesn't cost a dime and can pay off for both you and your community. Local animal shelters, homebuilding groups, shelters and food banks are always looking for volunteers. And check out volunteer opportunities at local festivals and events. By volunteering, you get to go to the event free.

19. Free water
While technically not free, tap water is about as close as you can get. If you're concerned about water quality, buy a filter.

20. Free telephone calls
Always calling a loved one long distance? If you both get something like Skype, you can talk all you want without paying a dime. And with a service like Google Voice, you can get all of your cellphone calls free too.

21. Free everything else
You have something you don't want but it's too valuable to throw away? You might donate it to charity, but you also might give it away at sites like Craigslist or Freecycle, a nonprofit set up to help you find free stuff and keep it out of landfills. From used furniture to sports equipment, you'll be amazed at what people give away.

Review Your Life Insurance Policy Now (WSJ)


 
 
In the next few years, millions of savers are in for a surprise that could cost them tens of thousands of dollars now—or hundreds of thousands later.
The reason: Universal-life insurance policies bought years ago when interest rates were high will face cancellation if policyholders don't pay more.
If interest rates stay low, many policyholders will face the unhappy choice of kicking in more money, accepting a lower death benefit or walking away, possibly sacrificing years of premiums they already paid.
Many people are "sitting on a ticking time bomb," says Kenneth Himmler, president of Integrated Asset Management, an advisory firm in Los Angeles. About 70% of the new clients whose insurance coverage he reviews are facing higher out-of-pocket costs because policies aren't generating enough interest income to pay costs, he says.
The picture isn't all bad. For some savers, their existing universal-life insurance policies, which rise without incurring taxes, are working out just fine. They offer an unusually high interest rate compared with other low-risk investments, say financial advisers and insurance experts. And there are steps policyholders can take to salvage at least some of their coverage.
But this confusing set of circumstances can cause people to make the wrong decision.
"There are two mistakes you can make: to drop a policy you should keep and to keep a policy you should drop," says Glenn Daily, a fee-only life-insurance adviser in New York. "You don't want to do either."

The Problem

There are two main kinds of life insurance. Term life offers a death benefit for a certain number of years, often 20. Permanent life, which includes "whole life" and "universal life" policies, is designed so it can remain in force for the policyholder's entire life. Whole-life buyers most often pay set premiums that cover fees, such as the cost of insurance, while building up cash value that can be used for retirement income.

 

In contrast, many universal-life buyers pay flexible premiums and sometimes use returns on the cash-value account to pay for the policy's future costs.
People who buy universal life often do so because they want insurance that will last longer than term coverage. Many policies carry high fees and commissions that typically aren't transparent to the buyer. In return, buyers get a savings vehicle that is aimed at helping them pay insurance costs and salt away money on a tax-deferred basis.
The problem for people holding such policies now is that many agents said in their sales pitches that interest on the cash account could subsidize rising insurance costs as policyholders aged. That let policyholders pay a smaller premium than they would have paid on a whole-life policy.
 
Since then, though, interest rates have plunged. In the late 1990s, many universal-life accounts paid interest rates of 7% to 8% a year, says Jeremy Kisner, a certified financial planner at SureVest Capital Management in Phoenix. Now that rates are at multidecade lows, the savings portions of old policies are rising much more slowly than the agents suggested—and Fed Chairman Ben Bernanke has announced his intention to keep then that way for years.
Insurers note that written materials given to consumers state that only a minimum interest rate is guaranteed, and any higher ones used in a sales pitch are hypothetical, not promises about the policy's performance. "The unprecedented decline in interest rates has been an enormous burden for Americans," a New York Life Insurance spokesman said, adding the company "works with our policyholders to explore the options available to them." and other insurers say annual policyholder statements contain details on the impact so consumers can set a course correction.
If rates don't rise soon, policyholders will have to cough up more money to cover fees—typically 20 to 60 days after the savings balance runs dry.

Who Is at Risk?

People who bought policies before interest rates fell sharply in 2008 are particularly vulnerable—and their ranks could be immense. In the mid to late 1980s, universal-life insurance policies generated at least one-fourth of all life-insurance premiums, according to Limra, an industry-funded insurance research firm. In 2008, about 40% of overall premiums came from universal-life coverage.
Such policies tend to be in the hands of wealthy Americans. According to Federal Reserve survey data, about 31% of the highest-earning U.S. families owned whole-life or universal-life insurance as of 2010, the latest year for which figures are available. That is much higher than the 20% rate for families overall.
Vincent Romeo, a 66-year-old retired podiatrist in Monroe, N.J., realized about a year or so ago that his universal-life insurance policy and another for his wife could run out of money within a few years unless they kicked in more money.
"Things were not the rosy picture that was painted" at the point of sale, he says. "It was a little bit of my fault. Buyer beware."
Mr. Romeo ended up moving the policies' remaining cash to new policies that carry a guaranteed death benefit as long the couple pays specified premiums.

Assessing Where You Are

It's easy to see why universal-life policyholders are frustrated.
Agents selling the policies, who must follow state insurance-department rules, typically give illustrations of how the cash value would perform under three different scenarios. One scenario shows how the cash value of the policy would change if interest rates and charges stay the same.
The second shows a worst-case scenario: how it would change if costs reached the maximum permitted by the contract and rates hit the "guaranteed" minimum—typically around 4% for policies sold in the 1980s and 1990s. The third gives a midpoint scenario.
When interest rates drop, the difference in outcomes can be striking. For example, a 37-year-old man buying a $1 million policy earning 5% interest would have a cash value of about $304,000 when he turns 68, if he paid about $5,000 in premiums a year, according to one company's recent projections. There would be ample cash value to pay premiums until he is past 100 years old.
But in the worst-case scenario of the policy, if the interest rate drops to the minimum 3% and the policy's insurance charges rise to their max, the savings component would fall to zero when he is 68. That year, the owner would have to kick in at least $275 or lose the policy. The required payment needed to keep the policy alive would increase from there as insurance costs rise to reflect the aging of the policyholder, as with term life, to at least $5,000, when the owner is 76.
To check a policy's health, customers should ask their agent or insurer for an updated "in force" illustration, showing how the policy's cash-value will change based on current interest rates, premiums and charges.
For another view, policyholders can ask their insurer to run a projection that shows how the cash value would fare were the interest rate to drop to the minimum and mortality rates stay the same, says James Hunt, a retired life-insurance actuary who works with the Consumer Federation of America, a consumer advocacy group.
And since reality is unlikely to mirror the estimates, it's important for policyholders to get a new illustration at least once every two years, says Peter Katt, a fee-only life-insurance adviser at Katt & Co. in Mattawan, Mich.
If you are healthy and the updated spreadsheets show your cash value dropping to $0 before age 100, you might need to kick in substantially more money to ensure the policy lasts until your death. Financial advisers say policyholders also should ask for an estimate of how much extra they will have to pay in premiums to prop it up.

Deciding Whether to Keep a Policy

Just because a policyholder has to put more money into the policy doesn't mean he or she should automatically cancel it, Mr. Daily warns.
That's because, even though an old policy's interest rate has dropped, it still is likely higher than low-risk rates found elsewhere—potentially making it a good investment option.
According to publisher Bankrate.com, for example, rates on one-year certificates of deposit are currently averaging about 0.79% a year in interest. A five-year CD pays 1.41% a year on average. That is well below the minimum guarantees offered by many old policies, Mr. Daily notes. An investor hoping to match that would have to venture into higher-risk investment grade U.S. corporate bonds, which currently pay 3.3%.
The policies also carry some tax benefits. Gains most often aren't taxed as long as they stay in the cash account. Owners can withdraw money, subject to tax regulations, but on most accounts any gains withdrawn are taxed at ordinary income-tax rates, and the withdrawal could lower the death benefit.
To decide whether these benefits outweigh the costs, savers first must assess whether they still need life insurance, says Allan Roth, a fee-only financial adviser in Colorado Springs, Colo. Many times, as policyholders age, their savings increase and kids graduate from college, their need for a death payout diminishes, he says.
Meanwhile, the cost of the insurance charged to the policyholder continues to rise, Mr. Roth says. One of Mr. Roth's clients 13 years ago bought a universal-life insurance policy that charged about 4.1 cents per $1,000 of coverage, he says. Now, the same policy is charging $1.29 per $1,000, or 30 times the original amount.
If a policyholder doesn't need or want a death benefit, it probably makes sense to get out of the policy and invest the money elsewhere, Mr. Roth says.
There is a third choice as well. If the interest rate paid by the policy is still relatively high, and savers want to keep it, they can ask the insurance company to lower the death benefit, says Bob Phillips, managing partner of Spectrum Management Group, a financial-advisory firm in Indianapolis. That will reduce the share of the cash account taken by insurance costs.
If a saver wants to keep his policy's death benefit, he should ask a few other insurance companies for an illustration if he were to move to one of their policies.
One of Mr. Kisner's clients, for example, recently cut his death benefit in half to $100,000, but no longer has to pay any future premium. The 71-year-old man was able to exchange his remaining $42,000 in cash value from a policy he took out in 2001 for a new policy from another insurer.
An important caveat: "surrender charges," which are fees levied when you cancel a policy, typically last from 10 to 20 years from the start of the policy, and sometimes are more than the first year's premium. They can eat up a big chunk of savings if you try to try to cancel a policy or even lower the death benefit. That could make it worthwhile to hold onto the policy until the surrender charge period expires, Mr. Hunt says.
Write to Leslie Scism at leslie.scism@wsj.com and Joe Light at joe.light@wsj.com
A version of this article appeared November 17, 2012, on page B7 in the U.S. edition of The Wall Street Journal, with the headline: Draining!.
Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved

 

 

Tax Moves You Must Make Before the End of the Year (Accounting Today)

Taxes Going Up- Obama Victory means you need to act now

November 12, 2012


By Margaret Collins


(Bloomberg) The race is on for wealthy Americans to save on taxes before January 1.

 
President Barack Obama’s re-election means his administration will push to let tax cuts enacted during the George W. Bush era expire for high earners, as scheduled, at year-end. Obama wants to increase the top federal income tax rate to 39.6 percent from 35 percent, boost rates on long-term capital gains to as much as 23.8 percent, and shrink exemptions from estate-and-gift taxes.
“If you have to put a movie title on what’s going to happen from now until the end of the year it would be: ‘The Fast and the Furious,’” said Jeff Saccacio, a personal financial services partner at New York-based PricewaterhouseCoopers LLP. “The wise, smart people are preparing themselves for a sunset of the Bush tax cuts.”
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Wealthy investors have about a month and a half to examine their investment gains and losses left over from previous years, as well as to consider ways to move income into 2012 and transfer assets to heirs, Saccacio said. Now is the time to start running the calculations, he said.
“Acceleration of investment income is clear,” said Elda Di Re, partner and personal financial services area leader for Ernst & Young LLP in New York. “If anyone was planning on realizing a gain in the next two to three years on either securities or real estate, there’s a considerable amount of money to be saved.”
The Standard & Poor’s 500 Index, which is up 64 percent since Obama took office in 2009, lost 2.4 percent yesterday to 1,394.53, its lowest level since August.
Capital Gains
An investor who sells $100 of stock with a cost basis of $20 in 2012 would see proceeds—after capital gains taxes—of $88, according to an analysis by J.P. Morgan Private Bank. Next year, if Congress doesn’t act, earnings from the sale would drop to $80.96 if rates rise to 23.8 percent. That means the stock price would need to rise by at least 9 percent for an investor to be better off selling in 2013.
Investors shouldn’t accelerate sales of securities just to avoid a higher tax rate, said Saccacio, who is based in Los Angeles. They should consider how long they planned to hold stocks and whether they need to rebalance. Those who decide to sell at current capital gains rates can re-invest in the securities if they remain attractive without violating so-called wash-sale rules under the Internal Revenue Service code that apply to stocks sold at a loss, he said.
Bonuses, Dividends
Closely held businesses that have a choice to pay bonuses or dividends in 2012 or 2013 should do so before year-end, said Joanne E. Johnson, wealth adviser and managing director at New York-based JPMorgan Chase & Co.’s private bank unit. The tax rate on dividends may jump to as much as 43.4 percent next year from 15 percent now with the expiration of Bush-era tax cuts and levies set to take effect from the health-care law.
Employees who have a choice to receive their bonus this year should do so and consider exercising stock options that are set to expire, she said.
While the election provided some clarity, wealthy taxpayers still must be prepared for the unexpected before Dec. 31, Johnson said. “We don’t know what the compromises are going to be,” she said.
Fiscal Cliff
Democrats maintained control of the U.S. Senate in the election results last week as Republicans kept their majority in the House of Representatives. That ensures continued resistance to Obama’s determination to raise taxes for the wealthiest Americans in the effort to reduce the U.S. budget deficit.
Lawmakers may have to address the so-called fiscal cliff of tax increases and spending cuts that would start in January if Congress doesn’t act in a lame-duck session set to begin this month.
House Speaker John Boehner told reporters last week that Republicans are “willing to accept new revenue under the right conditions.” He cited ideas Democrats already have rejected: restructuring entitlement programs and relying on revenue generated by economic growth from a tax-code overhaul.
Some tax-rate increases scheduled to take effect next year don’t depend on fiscal-cliff negotiations, said Di Re of Ernst & Young. The 2010 health-care law, which Republican presidential candidate Mitt Romney had vowed to repeal, applies a 3.8 percent surtax on unearned income such as realized capital gains, dividends and interest in 2013 for married couples making more than $250,000 and individuals earning at least $200,000.
Payroll TaxThe law also increases the Medicare payroll tax levied on wages by 0.9 percentage points for high earners.
Wealthy taxpayers with large carryover losses remaining from 2008 and 2009 may not want to rush to sell securities before year-end, Saccacio said. They may have enough losses to offset future gains even with higher tax rates, he said.
When capital losses exceed gains, the extra generally can be deducted on individuals’ tax returns and used to reduce other income, such as wages, up to an annual limit of $3,000, according to the IRS. If the total loss is more than the cap, the unused portion may be carried over to following years.
The Obama victory also may lead some millionaires who were hesitating to take advantage of current rules on gifts to fund trusts they’ve set up, said Linda Beerman, manager of the wealth strategies group at Atlantic Trust. The firm is the private wealth-management unit of Atlanta-based Invesco Ltd.
Estate Tax
Legislation enacted in 2010 raised the lifetime estate-and- gift-tax exclusion for 2011 and 2012. This year individuals can transfer up to $5.12 million—or $10.24 million for married couples—free of estate and gift taxes. Those levels are scheduled to expire at the end of 2012 and Obama wants to set the estate tax threshold at $3.5 million while dropping the gift-tax exemption to $1 million as it was in 2009.
“People are really rushing here at the end to take advantage of it,” Beerman said.
Wealthy families should consider setting up trusts under current rules that can benefit grandchildren or future generations and set them up in states such as Delaware, which let the entities exist in perpetuity, said Johnson of JPMorgan. The Obama administration has proposed curtailing the benefits of such trusts as well as limiting discounts taken when transferring illiquid assets in its most recent budget proposal.
Decisions about making charitable contributions this year are more complicated, Beerman said. While deductions for donations probably will be more valuable next year if rates are higher, limits on itemized deductions for those with higher incomes are scheduled to be reinstated next year, she said.
“They need to start crunching some numbers,” PwC’s Saccacio said of wealthy taxpayers. “This year, year-end tax planning takes on a heightened significance given the fact that we’re going to have this jump in rates next year unless we have an 11th-hour adjustment.”

Essential Planning for Seniors (Kiplingers)

6 Essential Documents for Alzheimer’s

Prepare these documents, and update older ones, while you still have the decision-making capacity to do so.

the Editors of Kiplinger’s Retirement Report, , , Kiplinger Washington Editors
Advance-planning documents can help ensure that all your financial and medical wishes are carried out to the letter. This is especially important when Alzheimer's disease and dementia come into play. It's essential to draw up these documents -- and update older ones -- while you still have the decision-making capacity to do so. If you don't have the appropriate documents, a court may step in and appoint a guardian for you. Because of the differences in state law and the complexities involved in ensuring that your instructions are airtight, see a lawyer for help in drawing up these documents.

Power of attorney for finances. This legal document allows another person to manage your finances on your behalf. Naming a competent, trustworthy agent is essential. Many seniors designate a family member for this task. You can build in checks and balances by requiring that the agent provide a periodic accounting to a third party, such as another relative or a lawyer. Or you can require that another individual sign off on any gifts of your property.
Powers of attorney should state the agent's authority to handle specific investment accounts, annuities and other assets -- details that aren't included in some off-the-shelf documents. Make sure the power of attorney is "durable," meaning that the agent's powers continue when the person creating the power of attorney becomes incapacitated.
Living trust. This document can provide detailed guidelines on how your property should be managed if you become incapacitated. You transfer your investments, real estate and other assets into the trust and name yourself as trustee, so you maintain control of the property. You also name one or more successor trustees to manage the property if you become incapacitated, and you include detailed instructions on how the money should be used if you are hospitalized or need long-term care.
After you die, the trust allows the successor trustee to transfer your property to your beneficiaries without having to go through probate. If you have a living trust, you still need a financial power of attorney to manage transactions that may fall outside the scope of the trust, such as dealing with credit card accounts. To provide checks and balances, it's best to name different individuals as your living trust's successor trustee and as your agent under a power of attorney.
Health care directives. A living will documents your wishes regarding life-sustaining treatment. Find living will forms for each state at www.caringinfo.org. Some states combine the living will with a health care power of attorney in one form.
The health care power of attorney allows you to appoint someone to make medical decisions for you if you become incapacitated. You also can include specific instructions on how your agent should make your health care decisions. Laws governing these documents can vary from state to state. Look at the American Bar Association's health care power of attorney guidance, titled Giving Someone a Power of Attorney for Your Health Care, at www.americanbar.org.
Also, seniors looking to include more details in their advance directives might consider the Five Wishes form, which meets legal requirements in more than 40 states. The form, available at www.agingwithdignity.org, allows users to designate a health care proxy and outline the care they want under various medical scenarios.
Standard will. The will identifies the individual's beneficiaries, who will receive the assets in the estate. It also names the executor, the person who manages the estate. The executor will have no legal authority until the person dies. Separately, individuals must designate beneficiaries of their retirement plans on the plan documents themselves; naming beneficiaries for retirement-plan assets in a will is not legally binding.
Letter of instruction. This document will provide your family the financial and other information they need if you become incapacitated. At the very least, the letter should list all of your investment accounts, insurance policies, loans, cemetery plot records, real estate holdings, military benefits, overseas assets and even frequent-flier memberships. It should also provide the location of important documents and the names of key contacts, such as your lawyer, financial adviser and insurance agent. Make sure to include the computer passwords for all of your online accounts.
Your letter also could direct heirs to cancel club memberships and to call current and past employers regarding company benefits and stock options. Include funeral instructions and information you would like in your obituary. You can place all of the documents in a binder. Consider using a booklet, the Family Love Letter (www.familyloveletter.com), as a guide. Make sure to note the location of any items you may have hidden.
Special needs trust. This trust is set up to provide for an incapacitated spouse if the well caregiver dies first. The amount put in the trust will be based on the expected cost of care over the individual's lifetime. Such trusts are drafted so that the assets are not considered to belong to the disabled person. That protects eligibility for certain government benefits, such as Medicaid benefits for nursing-home care, without requiring the ill patient to first spend down all assets. Assets could be spent on extras, such as special therapies, a geriatric care manager or a private nursing-home room. A trustee would make spending decisions.
 

© 2012 The Kiplinger Washington Editors, Inc.