Retirement after the great recession – will it still be possible?

I wrote an article a few years ago that was published in the OC Metro in Orange County, California called “Uncle Sam’s Snake Oil.” This article was designed to wake up all the sheeple (that is a half person half sheep) that is just following along and believing that what you’ve been told to be true is true.

There used to be the 3-legged stool for retirement but then the company funded pension went way and the last two legs which were only supplemental have been used to fund a lifestyle after work and has become disastrous. The other two legs are Social Security and the 401k plan which was designed to supplement your retirement and can be decent if you get a significant company match but those are going away.   The real key here is that as our deficit rises beyond $14,000,000,000,000 trillion that is a long number isn’t it? As things rise ever second, we know the only solution is to raise taxes and most likely back to the tax brackets of the 1990s where the top was at 39.6%. If you add your state tax, in California it is another 9.3%, your at 48.9% of your income just to taxes to pay this incredible debt down. That means anyone earning $250,000 or more was taxed as this rate and we hear a lot about that $250,000 income today. However a family of 3 or more needs at least that much just to stay above water in their live in various parts of California s housing and goods and services are explosively high. The proposed Obamacare or the Patient Protection and Affordable Care Act (PPACA) is going to send our taxes to at least these levels. We now have Homeland Security costs, War, underfunded benefits (Social Security, Medicare, Medicaid) and this is a recipe of inevitable higher taxes. In 1993 the family filing  jointly and earning $89,000 to $140,000 was taxed at a 31% rate which is just 4% shy of the highest current tax bracket for multi-millionaires and we are destined to go back to such a rate.

All of this legwork does not even account for how things really work on deferred pension plans and few Americans realized how they are going to be taxed on their retirement plans until they arrive at retirement only to be horrified. Millions run out of money and end up work in their eighties in fast food restaurants or as greeters in front of discount department stores.

So here is a break-down of an average person putting away $4,000 per year for 30 years and reaping that huge tax-deductible benefit and how he ends up paying 10x in taxes back to the government.

Break down of taxes on deferred program

This link depicts what it would look like to save $40,800 over the 30 years prior to retirement only to pay $532,800 in taxes over the time from age 65 to 85. As you can see that little savings in tax was no where near what you still end up paying, hence the perception of the deferred plan is snake oil.

How do these numbers stack up

We want people to know you have to start finding some form of tax-free strategy or you’ll be penniless in a few years into retirement and back out looking for work just to make ends meet. Most do not qualify for a ROTH and you can only put away $5,000 per year which takes forever to get any real build up but there are strategies for the small business owner or solo practitioner to use 401k ROTH strategies…this is way too long of a conversation for this article.

There are muni bonds but which municipality do you feel comfortable with? Most of them are running their budgets like a ponzi and robbing Peter to pay Paul. Even though the interest paid on a municipal bond is tax-exempt, a holder can recognize gain or loss that is subject to federal income tax on the sale of such a bond, just as in the case of a taxable bond. I see a little too much risk in these going forward but a few might not be a bad thing. Unfortunately some folks have turned 95% of their wealth holdings into these which could give a whole new meaning to the word “junk bond.”

The last frontier is exploring tax codes to find access to places to build tax-free and we find that in 7702a which is for life insurance. Now contrary to popular opinion, insurance is not all about you dying. In fact it can provide one of the last vehicles to grow money tax deferred and access it tax-free if designed properly. The caveat is that you must fund for a few years and be consistent like anything else in life. Many let their policies lapse and then the cash values go to paying insurance costs rather than being allocated to a savings component linked to one of our stock indexes.  As I’ve shown before, if you understand the equivalent taxable yield, you’ll understand that if you only did 5.5% in return tax-free that is the equivalent of 7.65%, depending on your tax bracket…it could be a little better if your in a higher tax bracket.

The insurance approach also allows you to pass on a death benefit to loved ones and if you don’t have anyone who loves you then think about it as a final expense policy to cover the costs of sending you to the great beyond which can cost anywhere from $15,000 and UP.  You can be covered for disability and terminal illness and have supplemental tax-free retiree income all with one policy. For folks who don’t qualify for ROTH IRA, can’t do the solo 401k ROTH or have already done as much muni bonds as you’re going to risk; the properly structured ‘savings grade’ life insurance policy may provide a unique combative tool to slay the retirement dragon.

Unpoverishingly,

James Burns

Tax Free Now

Why Sabotage your Retirement?

There are five destroyers of wealth.

1. Taxes

2. Inflation

3. Procrastination

4. Expenses

5. Debt

So if we know these five exist that eat away our gains and slow our progress, then we know where not to invest. Debt and procrastination are personal things but the other three can be avoided. The typical vehicle most people use are mutual funds. There are now more mutual funds than there are stocks on the exchanges so one has to ask why. This is because of the tremendous money that is harvested off of them by greedy financial institutions.

How do fund expenses affect you? Well, with the expense ratio, which averages 1.6% per year, sales charges of 0.5%, turnover generated portfolio transactions costs of 0.7% and opportunity costs of 0.3%—when funds hold cash rather than remain fully invested in stocks— the average mutual fund investor loses 3.1% of their investment returns every year just on fees. While this might not seem like much on the surface, costs and fees alone could consume 31% of a 10% market return. Think about that. You could be losing almost a third of your return before it’s even taxed. You’re losing a third of your return just for the cost of maintaining your investment. Add in the 1.5% capital gains tax bill that the average fund investor pays each year and that figure shoots up to 46% of your return being lost to fees and expenses, nearly half of a potential 10% return. When you hear that, don’t you feel like you’re taking one or two steps back instead of going forward?

Taking what we now know, the best place to avoid expenses would be an index fund but if we buy the index inside a life insurance chassis, then we can eliminate the taxes under the Internal Revenue Code Section 7702 which allows tax-free build-up and tax-free distributions back to yourself because it is characterized as a loan. Now that we’ve eliminated two more destroyers the only one is inflation. As long as you can earn an internal rate or return that out paces the 3% of inflation which is possible when you have the right product you can eliminate all 5 destroyers of wealth and get so much further ahead.

If you want more information look for the book “The 3 Secrets of Wealth” on Amazon or contact the author of this blog.

Save Tax Free Now

Tax-free Retirement Planning that is hard to outlive in Orange County, California

Due to the rise in our deficit (paying $1 trillion per year on interest only) we are headed for higher tax brackets. The only way you’ll NOT run out of money is if you have some tax free strategies in your retirement plan. As you can see from the graph, sometimes tax-free is actually more when you consider how much you need to make just to cover the taxes and the haircut it gives your funds. To find your equivalent taxable rate you take the rate of return and divide that by your tax bracket (e.g., 28% etc.) and viola you have your equivalent taxable rate. In the example if you’re earning 4.5% in a tax free vehicle, and are at a 28% tax bracket…you’re earning the equivalent of 6.25% because you’re tax free and that is significant.

I have seen several clients retire on their IRA or 401(k) and they get hammered at ordinary tax rates usually in a higher tax bracket if they’ve been deliberate in being successful. You can always retire poor and live on the system while it is available but I don’t think people set out to do that…at least I hope they’re not going into retirement poverty by choice. Out of 100 people turning 65 right now, only 4 of them will be financially independent and the rest will be reliant on family, charity, government or a large portion are still working. In fact there was an article about octogenarian’s having to go back into the work force because they’ve run out of money. The typical deferral for all those years only lasts 18 to 24 months of your retirement as taxes ravage your income and usually without the tax deductions. Also, if you don’t take the distributions (MRD) by the time you’re 70 1/2 there is a penalty of 50% + the ordinary tax, about 70 to 75% of that distribution is devoured just because you didn’t need it and the government forces you to or they’ll penalize you.

Here are a few thoughts if you don’t want to end up as a greeter for a convenience or department store, you know the places I’m talking about. Also some are working as fast food window servers, tele-marketers, night watch persons, seat attendants at stadiums and I was at a restaurant recently and saw one on one knee with knee pads scrapping gum off the floor and this was not a hobby. Think about how difficult these things really are to do when you slow down and the body and mind don’t function like they used to. You are supposed to be doing other things…my people like to go on trips and send me post cards from exotic places. Some like to volunteer and give back to charity…but no schedule of showing up 8am to 6pm with an hour lunch.

So what do I need to be thinking about? Well, I’m glad you asked because here is the personal inventory:

1. What are my current retirement assets earning?
2. How much are the costs/fees associated with my current investments?
3. Are they tax-free?
4. Do I qualify for ROTH IRA or a self-directed solo-401(k) ROTH since I’m self-employed?
5. Are there any Municipal Bonds I could use?
6. Do I have savings grade life insurance that builds up tax deferred and is accessed tax-free and carries a death benefit and final expense?

Most people do not follow or track their portfolio and know what they’re earning, they just know it is down or up but don’t even know by how much. The old adage of when does a negative -30 + 43 = 0 does not seem to resonate with most and there needs to be more accountability on our future retirees to know what they have and what it is doing. We know one geo-political event like terrorism can knock our market down by 50% and they are trying something every few months. The market was devastated for a long time after 9/11 and many people lost millions over night and never recovered since stocks tanked in March 2003.

Are there any municipalities we can rely on that are not running their budget like a ponzi scheme since they are taking in tax dollars to pay for last year’s expenses and just raising taxes. It is only a matter of time before things catch up with some of these local governments and a scary domino effect starts. While I like real estate there have been some many pirates schlepping that stuff and the only one making money is the pirate because they are buying low and selling really high to unsuspecting people because it is hard to really get into the numbers on a property unless you visit the area and bring in all the factors.

We are running out of time before some of the nastier taxes tucked into the Health Care Reform act take effect as well as The Deficit Reduction Act gets full swing for people to start taking back their retirement and stop the bleeding that will occur on your nest-egg when you start taking out the income at the higher ordinary income rates.

In your service,

James Burns, Esq.

Learn Tax-free now

(949) 231-9979

The Expenses in your Retirement Plan are Blowing your Financial Independence

While incomes have gone up the cost of living has gone up much faster and in California the sales tax on your goods is through the roof. The idea of financial independence may be just an idea but it is supposed to be about replacing your current income so that you’re not working forever. Only a few tools will be reliable enough going forward to get you there. Everyone must simply have some tax-free retirement funds if they are going to survive and tools that might not be subjected to the Mandatory Retirement Distributions (MRDs) which require you to take funds out of your retirement plan whether you need them or not and if you don’t, you are penalized 50% on that distribution + the ordinary tax which usually equals 70%.

The idea of pooling money together for investment purposes seems to have started in Europe in the mid-1800s. The first pooled fund in the U.S. was created in 1893 for the faculty and staff ofHarvard University and on March 21, 1924 the first official mutual fund was born. It was called the Massachusetts Investors Trust. It came to life when three Boston securities executives pooled their money together, not knowing how popular and lucrative the funds would become for the financial companies that peddled them.

In recent commentary, insiders have adopted a more skeptical outlook on mutual funds. Richard Rutner, author of The Trouble With Mutual Funds, said in 2002 that “Most investors in mutual funds have no idea what they are invested in, which is the way the industry wants it.”[1] Others have said that mutual funds are troubled because they are rewarded for the amount of money they attract, not the amount of money they earn.[2]

SEC Chairman Arthur levitt, Jr. warned of growing unfairness in the relationship between individual investors and mutual funds in January 2001. Mr. Levitt made the following comment:

“There are a number of instances that, quite frankly, do not honor an investor’s rights. Instances where…hidden costs hurt an investor’s bottom line, where spin and hype mask the true performance of a mutual fund, and where accounting tricks and sleight of hand dresses up a fund’s financial results.” [3]

What most people don’t know is that there are five separate bills that mutual funds charge.[4] The best way to determine if an investment is effective for you or not is to dollarize the benefit or the burden. When you invest in the typical mutual fund (assuming outside of a qualified retirement plan), you face costs that erode your benefit. Chances are you’re not aware of them, they’re not in your prospectus and your broker isn’t going to sit down and tell you about them. The five costs of mutual fund investing are:

1. Tax costs – excessive capital gains from active trading.

2. Transaction costs – the cost of the trades themselves.

3. Opportunity costs – dollars taken out of portfolios for a fund’s safekeeping.

4. Sales charges – both seen and hidden.

5. Expense ratio, or “management fees” – no end to increases in site. This is a calculation based on the operating costs of the fund divided by the average amount of assets under management.

How do fund expenses affect you? Well, with the expense ratio, which averages 1.6% per year, sales charges of 0.5%, turnover generated portfolio transactions costs of 0.7% and opportunity costs of 0.3%—when funds hold cash rather than remain fully invested in stocks— the average mutual fund investor loses 3.1% of their investment returns every year just on fees. While this might not seem like much on the surface, costs and fees alone could consume 31% of a 10% market return. Think about that. You could be losing almost a third of your return before it’s even taxed. You’re losing a third of your return just for the cost of maintaining your investment. Add in the 1.5% capital gains tax bill that the average fund investor pays each year and that figure shoots up to 46% of your return being lost to fees and expenses, nearly half of a potential 10% return.[5] When you hear that, don’t you feel like you’re taking one or two steps back instead of going forward?

According to Richard Rutner, “No one denies that the average mutual fund returns 2% less per year than the stock market returns in general (see below on the breakdown). Yet the mutual fund industry spends billions of shareholder dollars to promote its money managers as experts who can manage investor’s dollars with skill. The vast majority of mutual funds (94% according to a recent five-year survey by Lipper Analytical Services) have underperformed the stock market as a whole.”[6]

James Burns

Retirement Rescue Solutions <click>

Accountability in your Personal Retirement Planning

As the author of “The 3 Secret Pillars of Wealth” I have identified what I think are seven to eight steps all Americans need to respond to and become accountable to right now. Accountability is when you’re going to get serious about what you’re doing and where you’re going. Jeff Combs, a great coach and trainer says “your word is your bond” and what is your word worth to yourself? Do you constantly procrastinate and fail to examine your finances because your fearful, don’t understand them or you are addicted to poverty consciousness rather than prosperity consciousness? Some people are addicted to struggle so much that they get in their own way of success.

It is shocking how many Americans are not accountable for their own retirement and do not do the things it takes to be financially independent. The Wall Street Journal recounted on how much apathy is out there and there is no room for slip-ups or lackadaisical attitude.

Here are the 7 things you absolutely must be doing to get the type of result you’re looking for which is financial independence in your retirement.

1. Build up cash flows
2. Build an emergency fund
3. Eliminate debt – (bankruptcy, short sale or debt settlement)
4. Rebuild credit if necessary
5. Create an emergency fund (all families need this for unexpected events)
6. Protect what you have (protect your principal from market loss
7. Build a plan for long-term income and savings
8. Have an estate plan in place to care for your affairs

It is very effective to just have steps or a checklist. Some of the most complicated machines (aircraft) and computers are run on systems and they have checklists to keep them functioning optimally. Why avoid this evident fact of how to keep things in order and follow a checklist? Everything you need is in 8 steps to financial freedom. Sure, there is a little bit of work in each step but things are now isolated and broken down into manageable pieces and that is problem solving.

To your success,

James Burns

Wealth Strategies – click here

Domestic Financial Terrorism – How do we defend?

The level of destruction on our financial system is incredible compared to what even Timothy McVee did as a domestic terrorist. You have to ask yourself who do some of these bankers and investment firms work for when you look at what they’ve done to the once wealthiest nation in the world.

Right now we’ve got $2 trillion in short-term debt that has to be refinanced this year of 2010 and China, India and Russia are not buying. This is not counting the extra deficit spending which should top $1.35 trillion this year…more or less. The fact the countries we’ve relied on are not buying means we have to fire up the printing presses again. We would already acknowledge that we are at a 10% inflation but the money folks have been using tricky phrases like “core inflation” which ignores half the things we spend money on so that way they can keep the numbers looking low.

A great book called This Time Is Different: Eight Centuries of Financial Folly by Carmen Reinhard and Kenneth Rogoff shows that EVERY TIME a nation’s debt went above 90% of GDP or Growth Domestic Product…the nation failed. The book studies 25 countries over 800 years and there were NO exceptions to the 90% rule. Every nation that ran their deficits to this 90% ratio is now off the map or turned Third World.

Right now, the US is above 90% and there appears no way to bring it down for decades unless some obscure genius comes out of the woodwork as they are not in the White House, Treasury or Fed.

It is unclear what Americans will do, especially for their retirement as the very tool our bankers use against us (stock market) they expect us to hand over our life’s savings and just be ok with negative 30 or 40% loses. You know, its just the market reacting and it goes up and down. Why is that Ok? Why should we accept losses that take us forever to recover just to get back where we started be considered alright?

We need to redo some of the Healthcare Reform Act that President Obama so valiantly promoted before 2013 when our investments could be ravaged with a sur-tax just because we are in a certain income bracket and that bracket is not hard to be in if you live in a state with a high cost of living. Where is Sarah Palin and the Tea Party when we need them.

It is time to look at guaranteed opportunities that does not go down when the market goes down. When Wall Street was once honorable a man named Benjamin Graham (mentor to Warren Buffet) extolled what was an investment. It preserved principal and gave an adequate return. We need to get back to this simple idea and quit trying to find home runs since base hits get you to home plate just as well.

We also need tax-free strategies to weather the storm our own government and their brainy bankers have left before us. It was like turning on the gas to an already smoldering economy.

James Burns

To Dream the Impossible Dream – Beating the Stock Market

A few years ago after reviewing some portfolios for clients that tried their hand in stock market trading it was obvious to me that they were gambling as if they were at the roulette table in Vegas. As someone who has worked for a billionaire and observed the asset class relative to stock, the investments were safe blue chip stocks, bonds, Treasuries and Index funds because it is next to impossible to beat the market.  I then wrote my first book The 3 Secret Pillars of Wealth that discusses the fundamentals of what is an investment and what to look for every-time you start to consider an investment.  Benjamin Graham who was the mentor of Warren Buffet stated an investment was something that preserved principal and provided and adequate return.

In the book we also discuss John Bogle, the founder of Vanguard Investments, views on investing and trying to beat the market. Mr. Bogle’s academic research proved that virtually no one could consistently beat the market over long stretches (like the 35 years we have to invest for retirement). The best you could hope for was to meet the market, which gave you returns that weren’t half bad. in my book we recount the research of looking at 355 mutual funds over the 35 years and that only 3 of them did anything compelling and that was in line with what the S&P 500 did. Hence, the idea is that going forward how would the average person who works uncover those 3 funds out of the masses; you can’t is the answer.

To this end, Mr. Bogle said we need to invest in a broad swath of stocks and bonds through low-cost index funds and forget about your portfolio. Spend your time living your life instead of researching stocks and bonds. That’s much more fun than sweating over investments anyway. If you’re going to research anything it would be real estate and starting your own business as other assets.

The other pundit of the idea that almost no one beats the market is Terrance Odean, a Berkeley professor who proved Bogle’s theory from another perspective. The more you trade, the more you lose, Odean discovered by examining the real-life portfolios and trading patterns of thousands of investors. His paper, Boys Will Be Boys, is a must-read for anyone who is trying to retire in comfort and not run out of money and for those who think they’re going to outsmart the stock market. You know the guys who have a super large screen in their office and they seem to be following the market and making trades. What they are really doing is creating taxes with capital gains and many of them short term which costs more, all for what?

Steady and consistent gets to the finish line if we remember what Aesop tried to teach us in the story of the Tortoise and the Hare. The best way to invest with success is to get base hits and not try to get a home run all the time. If we look at baseball, a home run is great but really you accomplish more if you get a base hit and move it one base at a time to home plate; this is better than striking out.

James Burns, Esq.

“The Sensation with Inflation”

There is a lot of confusion as to where we are headed right now so I thought I would break down the different flations and maybe we can all decide which one is the fit right now.

Inflation is a where your currency buys less due to a rise in the price of goods and services; accordingly, inflation is the erosion in the purchasing power of money. Over time, as the cost of goods and services increase, the value of a dollar is going to fall because a person won’t be able to purchase as much with that dollar as he/she previously could.

What cost $29,900 in 2000 would cost $37031.75 in 2008. Also, if you were to buy exactly the same products in 2008 and 2000, they would cost you $29900 and $24235.11 respectively.

As a harbinger, gold recently rallied above $1,000 an ounce and many experts think that this is partly due to the Fed’s continued money-printing campaign over the past year will cause the dollar to weaken even further than it already has.

That’s putting upward pressure on other commodities. Oil is trading around $71.50 a barrel, an increase of about 20% over the past six months. The prices of sugar and copper have shot up.

Deflation: A decline in price levels caused by a decline in the supply of money or credit. Deflation often includes the side-effect of enlarged unemployment because of the lower demand for goods and services in the financial system.

Stagflation: High inflation and high unemployment occurring simultaneously.

Taxflation: aka bracket creep the gradual movement of income into a higher federal income-tax bracket as a result of wage and income increases intended to help offset inflation. It can also affect the liquidity of an estate by increasing the estate tax burden.

Example – single person with estate worth $5,000,000 and in 2009 that would cost the estate $1,200,000 or represent shrinkage of 24%.

If they pass away in 5 years or 2014- and was growing at 8% per year. The estate will have grown to approximately $7,346,640.38 the federal estate taxes would be $3,893,719 and represent shrinkage of about 53%.

It looks like we have a combination of them all but I would say Taxflation and stagflation are a good fit but it really is anyone’s guess.

Medicare Scare

Sometimes seniors are denied claims and they think there is nothing they can do and they just accept it. However, a denied or partially paid claim can be appealed and nearly half of the appeals are successful and worth the effort…might as well give it a try.

When a Medicare claim is denied or approved for less that full amount, you have 120 days to request a “redetermination” of the decision. The proper form to request is called Medicare Redetermination Request Form (Form CMS-20027) which can be downloaded at (http://www.cms.hhs.gov/cmsforms/downloads/cms20027.pdf) or you can call (800) 633-4227.

The written claim denial that you receive includes instructions on where and how to submit the redetermination form. The claim denial should include an explanation why your claim was denied or only offered partial payment. You need to object the explanation in order to be successful with the appeal. You can ask your doctor to write a letter responding to the points raised in teh denial and explain why your health care is necessary. You include a copy of this letter along with the appeals form and as always, keep a copy for your files.

Common Reasons for Denial

The treatment or prescription is unlikely to cause your health condition to improve is the biggest denial circumstance and is a little vague. Medicare is required to look at your total condition, not just a specific diagnosis or your chance at a full recovery.

There was a citizen who was denied for Lou Gehrig’s disease which is incurable and degenerative. The patient successfully appealed, arguing that with the doctor’s help, that while having a nurse visit the home would not improve the condition, it could slow the progression of the disease and was need to care for various health issues.

Sometimes patients are denied because they may require long term care. You need to point out that Medicare is not limited to treatments that work quickly. As long as your doctor continues to order this treatment for you, Medicare should continue to cover it. Include a letter from your doctor if denied for this circumstance explaining that the treatment is having some positive effect or expressing an optimistic expectation that it will.

There are several other types of denial and you want to be specific to address the denial and use your primary care physician with a letter expressing an opinion that is different that Medicare’s conclusion.

Don’t give up

Sometimes you may have to go to Appeal #2 where you’ll have 180 days from the date your redetermination request is denied. You must completed Medicare Reconsideration Request Form (Form CMS-20033, at www.cms.hhs.gov/cmsforms/downloads/cms20033.pdf). You may have to ask your doctor to write a new letter or attach the old letter. Sometimes it is about hanging in there and being determined.

You may have to take it to Appeal #3 if your second appeal is denied and the amount in dispute is over $120. You have 60 days to file a third appeal, this time with an Administrative Law Judge (ALJ) of the US Dept of Health and Human Services. The filing instructions would be included with the denial letter.

Appeal #4  If the judge turns you down you have 60 days to request that Medicare Appeals Council (MAC) review the decision. The ALJ denial will include instructions on how to file.

Appeal #5 If the MAC turns you down you have 60 days to determine if you wish to hire an attorney and file a judicial review in federal district court. The amount in dispute must be greater than $1,180 to qualify.

I hope this helps a few Seniors and empowers them to fight their fight for benefits.

James Burns, Esq.

www.jamesgburns.com

(949) 440-3243