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A Tentataive Spring
Taxable Municipal Bonds
Tax Rates May be Changing
 
 
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April 2010
A Tentative Spring

During a quarter marked by furious political debate in this country and much hand-wringing over sovereign debt globally, stock markets around the world continued the rally that began in earnest last year. Investor perceptions have evolved from relief that things are not as bad as they could be to grudging acceptance that many of the green shoots that began to appear late last year are beginning to flower. The S&P 500 index advanced 5.4% including dividends for the quarter. Indeed, some positive data points supported the rally that has run some 73% since a year ago March.  Business investment in equipment and software has been picking up and consumer spending increased further in January. Output in the manufacturing sector continued to trend higher as firms increased production to meet strengthening final demand and to slow the pace of inventory liquidation. Perhaps most important, the labor market - the last of the lagging economic indicators - has arguably fallen into place as a positive for the economy. As reported recently, private sector payrolls increased 162,000 in March (198,000 including upward revisions to prior months). Meanwhile, civilian employment, an alternative measure of jobs that includes the self-employed and start-up businesses, is up 1.36 million in the past three months, the most for any 3-month period since 1994.  All of this points to a recovery, albeit a much more sluggish one than has been seen following previous recessions.
 
As fiscal and monetary stimulus begins to fade over the coming months, the economy is going to require some self-sustaining mechanisms to kick in, and growing employment levels would certainly be beneficial. Corporate profits have been healthy as a majority of companies were able to post better-than-consensus earnings during the first quarter. Just as summer follows spring, we will be watching with great interest to see if the economy will successfully shift from an economic recovery to an economic expansion.

Taxable Municipal Bonds?

Municipal bonds are fixed income securities issued by various states, cities, and authorized authorities. The total size of the municipal bond market is estimated at $2.8 trillion dollars. This compares to the corporate bond market of $4.0 trillion and the U.S. Treasury market of $7.5 trillion, according to the U.S. Federal Reserve Flow of Funds report for 3Q09. We have long utilized traditional, tax-exempt municipal bonds for accounts under our management where appropriate. The yields offered on municipal bonds are typically less than those offered on taxable bonds to account for the tax-exemption. For those clients in the higher tax brackets, the tax exempt status makes these bonds especially appealing. Historically, the credit quality of investment grade municipal bonds has been excellent, and second only to that of U.S. Treasury obligations. A recent study by Moody's of the cumulative default rates illustrates this point. The ten year cumulative default rates of Aaa rated municipal bonds was 0.00% compared to 0.52% for Aaa rated corporate bonds. The ten year cumulative default rate on Baa rated municipals was 0.13% and 4.64% for similarly rated corporate bonds. These investments have and continue to serve their purpose in portfolios of generating reliable current income and providing a measure of stability to the market value of the overall portfolio.  Thanks to the American Recovery and Reinvestment Act of 2009, we now have an additional tool to use for the fixed income portion of portfolios.
 
The aforementioned stimulus act created "Build America Bonds" or BABs as they are often referred to. These are taxable municipal bonds whose issuers benefit from a direct federal payment subsidy equal to 35% of the interest payments on the bonds. This subsidy reduces the net interest cost to the issuer and in some cases results in lower borrowing costs than the traditional tax-exempt financing. The investor in these BABs bonds enjoys the higher, taxable interest rate. These issues are typically priced at a higher yield than U.S. Treasuries and in some cases even corporate bonds of similar maturity. The appeal of these taxable municipal bonds includes the strong credit profile of municipal bonds in general, opportunity for diversification in the portfolio, and attractive yields. These bonds have been met with an enthusiastic reception in the market and now comprise nearly 30% of all municipal bond issuance. There were $64 billion Build America Bonds issued in 2009 and over $100 billion is expected for 2010. We may utilize these investments in portfolios selectively where taxable income and credit quality are of primary importance. This could include the use of these bonds in tax deferred accounts such as an IRA where the traditional municipal bond would not be a good fit.

 Tax Rates May be Changing
As many of you may know, long-term capital gains and qualified stock dividends are currently taxed at 15%.  This tax rate is scheduled to expire at the end of 2010.  If Congress does not act to modify the law, the tax rates for long-term capital gains will go to 20% and qualified dividends will be subject to ordinary income tax rates.
 
The current proposal from the Obama administration is to increase the tax rate for long term capital gains and qualified dividends to 20% for married couples making over $250,000 and individuals making over $200,000. For those whose income is below the thresholds, presumably the rates would remain at 15%. Thus, it appears as if the favorable tax rate for capital gains and dividends might increase, but would still be significantly below the rate for ordinary income. As with all things in Washington these days, it is quite difficult to assess the likelihood of the outcome. We'll keep you posted on any future changes to the capital gains and dividend tax rates. 
 
The new health care law, however, has created higher taxes for investment income. Beginning in 2013, a new 3.8% Medicare tax will be applied to investment income for couples earning more than $250,000 and individuals earning more than $200,000. The new tax would apply to capital gains, interest and dividends. At this time, the provisions of the legislation have not been fully digested by analysts, and we expect to receive more detailed tax reports as they relate to investment income over the coming months. Assuming the new tax is implemented in 2013, we will be evaluating methods of reducing the impact on your investment income.
 
Another area of uncertainty is the estate tax. For 2010, there is a one year repeal of the estate tax. In 2011, the estate tax will return, with a $1 million estate tax exemption per person, and then a 55% tax on the value of the estate above $1 million. The 2011 exemption is significantly below the $3.5 million exemption that was in place in 2009. Some have speculated that Congress would enact revisions to the estate tax law that would be retroactive to the start of 2010, so that there would be no repeal of the tax for 2010. But as each month goes by, the legality of such legislation is called into question.
 
Many tax commentators have speculated on what sort of compromise legislation might be enacted to address the estate tax. The prevailing opinion is that the $1 million exemption is seen as too low, and that a compromise might be reached in the $3 million to $5 million range. But, as of today, not much progress is being made on the estate tax front.
 
Some of you may be contacted by your estate planning attorneys this year with updates on how the estate tax may impact your particular situation. If your attorney believes that under the current law there are some planning opportunities available to you, please let your portfolio manager know. We would be more than happy to participate in those discussions as they relate to any of the assets that we manage for you or your family.
 
 
The Northstar Team:    
From left to right: Charlie Farrell,  Bob Van Wetter, Fred Taylor, Tim Waymire, and Dick Kopp
  
700 17th Street, Suite 2350
Denver, CO 80202

 
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