Category: Tax Planning

Trust or Will in Hawaii? Deciding the Best Option for You

“The best time to plant a tree was 20 years ago. The second-best time is now.”

-Chinese Proverb

This well-known Chinese proverb serves as a simple reminder that it’s never too late to start anything—whether it’s chasing a lifelong dream, investing for retirement, or, in the case of this article, drafting your estate plan. Experts emphasize that regardless of your net worth or age, having an estate plan—at a minimum, a Last Will and Testament—should be a top priority.

I frequently share this sentiment with my financial planning clients. A common response is: “Garrett, isn’t an estate plan just for the wealthy?” It’s a valid question, and it’s crucial to understand the facts. Documenting instructions for the transfer of one’s possessions has ancient origins, some tracing back to ancient Rome. Clearly, explicitly outlining one’s final wishes has stood the test of time.

The American Bar Association defines estate planning as “a process involving the counsel of professional advisors, including your lawyer, accountant, financial planner… covering the transfer of property at death…” The core document most often associated with this process is your Will. In essence, estate planning involves setting up a plan for the management and transfer of your estate after your death, using a Will, Trust, or other legal mechanisms.

When it comes to basic estate planning, one usually starts with a Will. However, Wills are not an end-all. As with all things related to financial planning, it depends on your situation. Depending on your assets, children, and property, having a Will means there will be legal proceedings (probate) before any asset distribution. This is where having a Trust can be beneficial.

If you’ve wondered if estate planning is right for you, understand this: It’s more about your wishes and goals than about the monetary value of your assets. It also clarifies how you want your affairs handled if you are unable to manage them yourself. The bottom line is that estate planning is not just for the wealthy. Even people with modest assets need a written plan. Like many other things in life, the biggest step is simply getting started.

So, what is a Will? It’s a legal document that expresses your last wishes for the distribution of your property and other assets. Some say a Will is one of the single most important documents a person can have. Yet, many Americans delay dealing with it for various reasons. Some think they’re “too young” or “too old” to need a Will. Others believe they don’t have enough net worth to necessitate a Will.

Do you need both a Will and a Trust? It’s a valid question. There are significant differences between the two. A Trust goes into effect as soon as it is signed, whereas a Will takes effect after you pass away. Another major difference is that Wills are public records, while Trusts are private. Many choose a Trust for privacy reasons alone.

Technically, what is a Trust? Trusts come in many varieties, nearly a dozen at last count. All Trusts are legal entities with separate and distinct rights, like a person or corporation. The type of Trust you need depends on your circumstances, and consulting a professional is essential.

While there are many online resources for estate planning, it is vital to do your due diligence and find an estate planning attorney you trust. You’ve spent a lifetime accumulating your assets, so be diligent in selecting an attorney to ensure your estate transfers smoothly to your heirs. Just like engaging with a fiduciary financial advisor, the value of hiring an estate planning attorney lies in the counsel they can offer for your unique situation.

Having an estate plan gives you control over your wishes, not the courts. As a veteran attorney once told me, “If you do not have a Trust, the courts will have one for you. However, you may not like it, and by then, it will be too late.” This may not be eloquent, but it drives the message home.

In financial planning, there aren’t many guarantees. But here’s one: even if you don’t have many assets, your estate plan ensures that everyone will know your wishes. That alone is invaluable.

After developing your estate plan with your attorney, remember don’t just put it in a drawer and forget about it. As your life evolves, your estate planning documents should reflect those changes.

In summary, it is imperative to work with an experienced professional. There are many moving parts in estate planning. Life is unpredictable, but planning today ensures your tomorrow is exactly as you envision it. If this article can do one thing, I hope it encourages you to start planning now. It will make things easier for your family later.

Garrett Wheeler serves as a board member with Yacht Harbor Towers AOUO, Inc. He is a Honolulu-based fiduciary and financial advisor with SEA Financial Hawaii. Curious about which type of estate plan is right for you? Contact us today and we’ll email our quick and easy quiz to find out. Aloha!

Note: Originally published in Building Management Hawaii

It’s RMD Time: It Ain’t 70 1/2 Anymore!

In 2020, President Trump signed the SECURE Act (Setting Every Community Up For Retirement Enhancement) into law as part of a far reaching “Further Consolidated Appropriations Act of 2020”. Although the SECURE Act was only signed into law about a year ago (December 2022), it’s mandates are already impacting U.S. small businesses and their employees alike.

What are RMDs (Required Minimum Distributions)?

The first word in this acronym stands out and is key: Required. Required Minimum Distributions (RMDs) are minimum amounts that IRA and retirement plan account owners generally must withdraw annually. The first RMD must be taken by April 1st of the year following your 73rd birthday. Let me explain let’s say you turn 73 years old on August 1, 2023. In this case, your initial RMD would be start by April 1st, 2024. In other words, your first RMD must be taken by April 1st of the year after you turn 73. As a side note, if you were born after 1960, then beginning in the year 2033, the SECURE 2.0 will extend the age at which RMDs must start to 75 years old. There are a lot of moving parts. But as you can see above, the schematic by Michael Kitces, explains the RMD details much better than just words alone.

There are a lot of detail to RMD planning. As an example, retirement plan account owners (like traditional IRAs) can put off taking their RMDs until the year in which they retire (unless they own 5%+ of the business underwriting the plan). Just know this, if you choose to delay taking your RMD, you’ll need to combine your RMDs (first and second) in the same year. That may create a problem by pushing you into a higher tax bracket. Talk to your trusted tax advisor to ensure you are following the guidelines and deadlines! Because, as with all things government-mandated, if you miss your RMD deadline, the penalties can be severe. Here are the IRS guidelines

A Reduced Penalty. Wait, What?

Yes, you read correctly. In the past, it was widely known in the planning community that RMD penalties were heavy. How steep? Well, under the prior rules, if a retiree overlooked or just flat-out missed the RMD deadline, they would be hit with a painful penalty of 50% of the amount not taken on time. Today, presently, that penalty has thankfully been reduced to 25%. And lessor yet, 10%, if you correct the oversight within two years.

By the way, even if you inherit a qualified (IRA, etc.) retirement account, it is still subject to an RMD. Note: Roth IRAs escape the RMD requirement in the account (IRA, etc.) owner’s lifetime, but get this: Your heirs will have to take RMDs). Nevertheless, overall, I like the changes and updates to RMDs. It allows hardworking Americans to keep their hard-earned money in retirement accounts for a longer period of time to earn more money for their future. And given the fact that we are all living longer, this can only help. -GW

At SEA Financial Hawaii, we do not provide tax, accounting, or legal advice. Clients should consult their own independent advisors as to any tax, accounting, or legal statements made herein. This material is being provided for informational or educational purposes only and does not take into account the investment objectives or financial situation of any client or prospective clients.

States You Shouldn’t Be Caught Dead In

WSJ logoA colleague of mine, Gregory Gassert, who is in our Minneapolis affiliate at Guardian Wealth Strategies, was recently featured in a WSJ article entitled, States You Shouldn’t Be Caught Dead In. In this piece, Hawaii is featured as one of two states that track the U.S.’s $5 million-plus exemption. However, as Gassert shares, “most state exemptions aren’t indexed for inflation, extending the tax’s reach over time.”

So what can be done to minimize or avoid potential problems? As with most financial planning issues, experts say, “careful planning is required to avoid traps—especially for taxpayers who move to another state.” And to be clear, there are a host of strategies to mitigate federal and/or state estate taxes. For one, consider section 529 of the Internal Revenue Code which provides for an often overlooked estate planning vehicle designed to protect assets away from estate taxes over multiple generations and can act like an education endowment. For more applicable details as it relates to your situation, you will want to have a more in-depth discussion with your estate planning attorney or CPA. http://online.wsj.com/news/articles/SB10001424052702304682504579155510034634716

2014 Tax Data You Should Know

Many limitations and thresholds which are related to taxation change from year to year; some do not. From Estate, Gift, and Generation-Skipping Transfer (GST) Taxes, to Qualified Retirement Plan Limits, and Income Tax Rates, as well as Tax Exemptions, Standard Deductions and more. Below is a listing of the 2014 numbers for some key tax matters. Hope it can help you to be better prepared.
2014 Tax Data You Should Know

As always: The foregoing information regarding estate, charitable and/or business planning techniques is not intended to be tax, legal or investment advice and is provided for general educational purposes only. We do not provide tax or legal advice. You should consult with your tax and legal advisor regarding your individual situation.

Taxpayer Relief Act of 2012: Sorting It Out

Now that the dust has settled on the new tax legislation, here are a few talking points to take up with your financial advisor or accountant.

 As if the annoying back and forth to avoid the fiscal cliff at the close of last year wasn’t bad enough, the end result, dubbed the American Taxpayer Relief Act of 2012, could mean a lot of scrambling on your part to hem in what you owe the IRS. No matter what your tax bracket or circumstances, chances are you’re probably already feeling the impact from the expiration of the “payroll tax holiday”. The news isn’t all bad, however: While your bill may go up, there are still some major tax breaks you can snare for your business. The bottom line is it’s an opportune time to schedule a meeting with your financial advisor or accountant to examine strategies.

Here’s a summary of some of the most important developments to come out of the new legislation:

Income Tax Rates and Deduction Reduction.

Tax rates made the biggest headlines during the fiscal cliff standoff, and for good reason. When the dust settled, Washington raised the income tax rates on those who make over $400,000 (or $450,000 in the case of married couples) to 39.6% from 35%. That’s potentially a minimum of nearly $20,000 you’ll have to hand over to Uncle Sam if you qualify. That’s not the only increase: If you make over $200,000 — $250,000 in the case of a couple filing jointly — you’ll pay an additional 0.9% tax on your earned income, while you’ll also be assessed an additional 3.8% on your net investment income.

Strategies to consider:

There’s ample reason to mull over alternatives with your tax accountant the minute there’s the risk you might fall into either of those brackets. If you’re the boss, or if you and one or more of your key employees fall over the threshold, there’s never been a better time to investigate either deferring income or setting up non-qualified deferred compensation arrangements. If you’re the owner of an LLC, Partnership or S Corporation, now might be the time to see if there is an advantage to switching over to a C corporation. The reason: The switch to C corporation status might make it possible to take advantage of the nearly 5% gap that has opened up between the highest personal income and corporate tax rates.

Payroll Taxes.

If you draw a salary, you can count on your payroll taxes rising this year. The government rolled back the 2% it cut from the Social Security tax assessed on your wages — the rate returns to 6.2% of your 2013 wages up to $113,700 (the 2013 Social Security wage base). This is up from last year’s 4.2%.

Strategies to consider:

If you make quarterly estimated tax payments, you may want to revisit your calculations in order to take the increase into account.

Depreciation Deductions.

The new tax law still makes it possible to log some sizeable deductions — on generous terms, too. For instance, there’s the depreciation on the purchase of new or used gear for your business. Beginning in 2013, you’re eligible to deduct the full cost — 100% — of certain pieces of new or used equipment you bring in up to $500,000. It’s also possible to amass up to $250,000 in deductions for real estate as part of that total amount. You may be able to opt for bonus depreciation on top of what you would report for first-year use of some equipment. There are restrictions, however, based on your business’s taxable income and your structure, matters you’ll want to review closely with your tax professional.

Strategies to consider:

It may well be an opportune time to pony up for the new computer system or trucks you’ve had your eye on. Again, check in with your tax pro.

While the negotiations over the new tax bill certainly made for a lot of sound bites, the result is once more very much the same: There are still ways to work the rules to minimize your tax bill. Take it as incentive to spend a bit more time with your advisor or accountant to figure out the solutions that work best for you.