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A Kaleidoscope of Ideas From the 2005 Arizona Institute. A tradition since 1946. Estate Planning Retrospective Relevancy Prospective Problems & Solutions by Lynne F. Stubbins, Esq., CLU, ChFC.
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A Kaleidoscope of IdeasFrom the 2005 Arizona Institute A tradition since 1946
Estate PlanningRetrospective Relevancy Prospective Problems & Solutions by Lynne F. Stubbins, Esq., CLU, ChFC • Significant Case where the taxpayer won wasthe Kimball case in the 5th circuit which is a positive development for FLP’s • Tax Brackets get compressed beginning in 2006. “Like a Flat Tax” • Repeal of Step-Up in Basis Rule post 2010 • Gifts limited during lifetime to 1,000,000
Estate PlanningRetrospective, Relevancy Prospective Problems & Solutions by Lynne F. Stubbins, Esq., CLU, ChFCcont. • Projected loss of Federal Revenue over next 20 years will be 982 billion • Current Argument for Repeal of Transfer tax • Current Legislative Arguments for Transfer tax • State Revenue concerns driving Decoupling • Drafting concerns as State’s exemption will be different from Federal • How long before the US Government raises the Capital gains tax rate on property transferred at death?
Charitable Planning TransfersBy: Jerry McCoy, JD • A Public Charity that makes grants-donor advised funds (I.E. Fidelity has one) • The Transfer tax may be going away but the gift tax and annual exclusion will still be with us • The unsuccessful CRT and how to get out early
Pensions: Some Cool Planning Ideas in Qualified & Non-Qualified retirement plansBy: Robert W. Ridley, Esq. • 412 I and the current Abuses • Haircuts are out in Deferred Compensation plans. (Thank You Enron) • Major changes in distribution rules • The D.O.L. and the IRS are different when it comes to enforcement • D.O.L. and the wind down of a plan when you have orphans • The D.O.L. has certain rules on a search method-you must comply
The New World of Executive CompensationBy: Stuart M. Lewis JD • Lower overall Audit rate • Going after the Fortune 1000 • Attacking grandfathered Split Dollar plans “It’s coming” • Establishing Value for a Life Insurance Contract (PERC) • COLI Legislation coming in the next Congress
The New World of Executive CompensationCont. • FA 123 ( R ) Effective 7/15/05 Fair Value mandatory • Expensing of Options • 409-A overview-major penalties for non-compliance • Additional guidance coming out of notice 2005-1 by 7/05, Stuart thinks by year end • Do a plan now or Wait?
How to Benchmark your PracticeBy: Mark C. Tibergien • More advisors over $1,000,000 • Productivity gains are rising • Salaries and rents are rising • Income increases are modest • Lost efficiency for Solos • What advisors wish they could change • Practice Evolution is coming • 33% of time on administration and 39% on prospecting • Characteristics of the Best Practices • There is a physical limit to how many relationships you can manage successfully • Business Consulting@ mossadams.com
Moving Long Term Care to a Mainstream Planning ProductBy: Debra C. Newman, CLU, ChFC, LTCP • Why LTC planning is Critical to Retirement & Estate Planning • People don’t die-life expectancy (Stroke-Heart Attack-Cancer) in the “good old days” • By 2035 there will be 57 million Americans Age 70 or more • Living a Long Life is near certainty so planning for it is a necessity • Family Care-25% of US households contain a Family caregiver
Moving Long Term Care to a Mainstream Planning Product By: Debra C. Newman, CLU, ChFC, LTCP (cont.) • Nursing Home in 20 Years will cost $160,000 • Home Health Aide in 20 years will cost $172,000 • There are so many provisions that have been built into LTC no wonder companies didn’t know how to price it with accuracy • If you miss on lapse assumption or return on your reserves it can cause a 24% increase in premium needed
Moving Long Term Care to a Mainstream Planning Product By: Debra C. Newman, CLU, ChFC, LTCP (cont.) • The result on incorrect Assumptions have led to increased pricing and less carriers • Consider a 10 pay life to lock in the premium • The tax component is positive in marketing this product • Benefits to employers and particularly C-Corps
Moving Long Term Care to a Mainstream Planning Product By: Debra C. Newman, CLU, ChFC, LTCP (cont.) • Doctor group of Anesthesiologists which is structured as a C-Corp. $7,000 is the approximate annual premium per doctor (It’s a 10 pay) and there are 71 doctors • A 5 year care event and it’s impact on the Estate values and when you calculate opportunity cost it’s substantial
Selling Fiduciary Products & ServicesBy: Marianne K. Smythe, JD • Selling advice for a fee without a product bias • Selling advice and product is naturally at odds • The Laws governing an investment advisor is a paper clip while the law affecting a Broker’s conduct is in the volumes • The SEC has added a Fiduciary label to the advisor (you cannot have a conflict of interest). • The law of advice and sales have finally been joined in the last 2 years. • Disclosure of any conflicts must be given to your clients
Conclusion • The Arizona Institute is the Society’s Top drawer event bringing together some of the best producers and minds in the business. PRESENTED BY: Michael A. Wood, CLU, ChFC