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It’s the end of the year and if you aren’t thinking about giving, you should be. And not just because it feels good to your heart, but because it will feel good to your pocket next April when you go to file your taxes.
This week and next week, I’m going to give you an overview of a few things you should be thinking about when it comes to giving.
Giving can come in two forms – giving to your loved ones and giving to charity.
Giving to your loved ones may not have meaningful income tax benefits, but it can have substantial estate tax benefits. Estate tax is the tax paid by your loved ones at your death if your estate is more than the amount allowed by the government, currently $2,000,000 in 2007. And, when you are adding up your estate, don’t forget to include your life insurance!
People are always surprised to hear that life insurance is subject to tax when they die because they’ve heard it’s tax free. And, it is INCOME tax free. It’s not ESTATE tax free.
Giving to charity has both income and estate tax benefits.
Income tax benefits because come tax time you get to subtract from your income any gifts you make to qualified charities and estate tax benefits because gifts you make decrease the size of your estate.
So, if you’ve got more than $2,000,000 and you are not married or more than $4,000,000 and you are married (assuming you’ve got your estate plan set up right), you want to start thinking about giving assets away to decrease the size of your estate.
It’s not too late to be thinking about it for 2007. But, you’ve got to hurry.
If you’ve got money that will be taxed at your death, it’s a whole lot better for your overall family wealth if you start passing it down while you are living.
You can give away $1mm during your lifetime to your loved ones. Anything you give over that is taxed at 45%. BUT, the government lets you give away $12,000 per year to as many people as you want and it doesn’t count against the $1mm you can give away during life.
So, what does all of this mean for you? Well, if you’ve got more than $2,000,000 in assets, here’s what you should be doing:
1. Give $12,000 per year to as many of your loved ones as you want. There’s no tax to pay on this gift. The more you can pass down to lower generations, the greater your family wealth. However, you do not want to give your kids $12,000 and just put it into a custodial account. That can be a bad idea because your kids will get access to the money in their custodial accounts at 18 or maybe 21 … they won’t be ready and neither will you.
We had some clients who did better than they thought they would on some investments they had put in a custodial account for their kid and they ended up with $500,000 in their kid’s account when he turned 18 … not good!
You want to give this $12,000 in a protected trust your kids don’t control until they (and you) are ready and you want to make sure it stays protected from potential future divorces or lawsuits. Call your Personal Family Lawyer and ask about a Family Wealth Passage Trust for your kids OR talk to your parents about setting one up for you.
2. Give as much as you can to charity. For each dollar you give to charity, you can deduct that dollar from your taxable income in April 2008 and it decreases the size of your estate. You cannot deduct donations greater than 50% of your 2007 income. If you are over 70 ½, you do have an opportunity to donate up to $100,000 from your IRA without this income limitation. Contact your Personal Family Lawyer for more information.
If you are in a position to make substantial gifts to charity each year (more than $100,000) and you want to retain control of the money you are giving, want to involve your children in giving or just want to manage your giving better, you will want to establish a private foundation. It’s not too late to do this for 2007, but again, you’ve got to move very fast and expect to pay some rush fees. Again, contact your Personal Family Lawyer to get moving on this one.
If you are looking for some great charities to support this year, click on the links below to give to two of my favorites. I’ll match all donations made up to a total of $2,500 on each site. So please give!
I’m raising $10,000 to restock a Los Angeles school with books through the Wonder of Reading program.
I’m raising $15,000 to build a school in Nepal that will educate hundreds of children through a Room to Read.
Together, we can leave the world a better place.
Love and Gratitude,
Alexis