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Welcome to the March 2011 issue of the Brighton Bulletin!
We witnessed quite a bit of geo-political activity in February most of which arose out of the Middle East. The turmoil in Tunisia, Egypt, Yemen and, most recently, Libya has caused a spike in oil prices and contributed to growing global commodity price inflation. The consequence of this has been highly volatile markets with most emerging markets suffering most and energy related equities performing best (1). We remain confident emerging markets will withstand the turmoil thanks to strong balance sheets and healthy fiscal discipline, however, we will be vigilant in monitoring volatility and will take appropriate steps, if necessary, to manage portfolio volatility.
I recently had an article emailed to me which I think is worthy of further discussion. Felix Salmon, a blogger for Reuters, wrote an editorial in the New York Times, dated 2/13/11, entitled "Wall Street's Dead End". I believe this is a common story, recounted every few years, whenever a writer believes "Main Street" needs motivation in the ongoing struggle against "Wall Street". Many of the writer's points are arguable depending upon one's bias.
The writer claims "the stock market is becoming increasingly irrelevant" and believes this is a "trend that threatens the core principles of American capitalism". He supports these statements by suggesting "these days a healthy stock market doesn't mean a healthy economy", however, according to a study by Vanguard (1) finds "since 1900, the correlation of long-run economic growth..and long run stock returns across 16 markets has been effectively zero." In fact, the slope of the regression line is actually zero. To most investors, financial markets are discounting forward expectations not current or historical results. Mr. Salmon caveats his comments by stating "the stock market is still huge, of course, the companies listed on American stock exchanges are valued at more than $17 trillion." This is true, of course, and, while down from the peak of $19.9 trillion at the end of 2007, is up from $3 trillion in 1990, an annualized increase of roughly 9%(2).
He then says "the glory days of publicly traded companies" are over. He notes that the number of listed companies on major exchanges has declined from a peak in 1997 of more than 7,000 to less than 4,000 at the end of 2010. In fact, the peak was at 8,823 companies in 1997 and has declined to 5,095 (3). The peak coincides with the peak of the Internet bubble. Most of the "companies" were nothing more than an idea and many were brought public by either founders or venture capitalists to create liquidity for them and their investors. Most also provided zero economic benefit before, during and after their public lives. There were 6,765 public companies in the US in 1990, of which 4,132 were listed on NASDAQ. At the end of 2010, there were 2,852 public companies. As for NYSE, in 1990, there were 2,633 (including the American Stock Exchange which was acquired by NYSE) and at the end of 2010, there were 2,327(4). It is evident that the preponderance of the decline in public listings is on NASDAQ rather than NYSE. NASDAQ has historically been home to more volatile and weaker companies so the decline can arguably be considered a positive as fewer "speculative" issues are coming to market. Again, arguably, this is creating a healthier environment for "Main Street" investors. This is contra to Mr. Salmon's thesis that the stock market "is becoming little more than a place for speculators and algorithms".
Finally, Mr. Salmon states "With America Inc, owned by its citizens, the success of American business translated into large gains in the stock portfolios of anybody who put his savings in the market over most of the post-war period". According to a study by Friedman (1996), aggregate institutional ownership increased from less than 10% in 1950 to over 50% by 1994. This work is cited in another paper by Gompers and Metrick(5), which suggests that this shift can explain some of the disappearance of the historical small-cap premium. Institutional investors favor large, liquid companies with low returns in prior years (value).
I appreciate Mr. Salmon's desire to return to a simpler time when investing lead to "large gains" for "Main Street" investors. Unfortunately, the wishful thinking is misplaced. I do not believe that stock markets are in perpetual decline and have become a "noisy sideshow". I do believe stocks markets are more global than ever and I do believe "Main Street" investors are fully engaged in this shift and benefiting from global returns and will continue to do so as both the global and domestic equity markets continue to evolve.
Sincerely,
John P. Middleton, CFA, CAIA
Brighton Financial Planning
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(1) http://topforeignstocks.com/2010/11/07/emerging-markets-correlation-between-economic-growth-and-stock-market-returns/
(2) World Federation of Exchanges - http://www.world-exchanges.org/statistics/time-series(3) World Federation of Exchanges - http://www.world-exchanges.org/statistics/time-series(4) World Federation of Exchanges - http://www.world-exchanges.org/statistics/time-series(5) Institutional Investors and Equity Prices - http://www.cenet.org.cn/userfiles/2010-5-17/20100517202607262.pdf
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Estate Tax Exemption Is Portable (For Now)
Recent legislation introduced a new, but perhaps temporary, estate planning concept--exemption "portability." In short, the estate of a deceased spouse can transfer to the surviving spouse any portion of the federal estate tax exemption that it does not use. The surviving spouse's estate can then add that amount to the exemption it is entitled to, increasing the total amount that can be passed on to heirs tax free. This new feature makes it easier for married couples to minimize the potential impact of estate taxes.
The federal estate tax exemption defined
The federal government imposes a tax on the value of your property when you pass it along to your descendants at your death. Any amount that is passed to a surviving spouse is generally fully deductible. The estate is also allowed to exclude a certain amount that passes on to nonspouse beneficiaries. That amount is called the "basic exclusion amount," which is $5 million in 2011.
How the exemption works for married couples
Prior to the new tax law, if a spouse died without having planned for his or her exemption, the deceased spouse's estate would have passed tax free to the surviving spouse under the unlimited marital deduction (assuming all assets passed to the surviving spouse), and the deceased spouse's exemption was lost or "wasted." The surviving spouse's estate could then only transfer an amount equal to his or her own exemption free from federal estate tax. To solve this dilemma, married couples typically set up what is commonly referred to as a credit shelter trust (aka "bypass" or family trust) that sheltered or preserved the exemption of the first spouse to die.
The following example illustrates how portability can achieve a similar result without the use of a credit shelter trust.
Example: Result without portability
Assume Henry and Wilma are married, have all of their assets jointly titled, and have a net worth of $10 million. Henry dies first, when the federal estate tax exemption is $5 million and there is no portability. Henry's estate passes to Wilma free from federal estate tax under the unlimited marital deduction and does not use any of his $5 million exemption. Assume that at the time of Wilma's death, the exemption is still $5 million, the federal estate tax rate is 35%, and Wilma's estate is still worth $10 million. With Henry's exemption completely wasted, Wilma can pass on only $5 million free from federal estate tax. Assuming no other variables, Wilma's estate will owe about $1,750,000 in federal estate tax: $10 million estate - $5 million exemption = $5 million taxable estate x 35% estate tax rate = $1,750,000.
Example: Result with portability
Assume Henry and Wilma are married, have all of their assets jointly titled, and have a net worth of $10 million. Henry dies first, when the federal estate tax exemption is $5 million and there is portability. As above, Henry's estate passes to Wilma free from federal estate tax under the unlimited marital deduction and does not use any of his $5 million exemption. Even though Henry's estate owes no tax, Henry's executor files a timely return on which he elects to transfer Henry's unused exemption to Wilma. Assume that at the time of Wilma's subsequent death the exemption is still $5 million, the federal estate tax rate is 35%, and Wilma's estate is still worth $10 million. Since Wilma has "inherited" Henry's unused exemption, she can pass on the entire $10 million estate free from federal estate tax. Portability of the estate tax exemption saves Henry and Wilma's heirs $1,750,000 in estate tax.
Portability does not eliminate the benefits of credit shelter trusts
Even with portability, there are still tax and nontax considerations that may lead you to use a credit shelter trust, such as:
- The portability feature is in effect for only two years and will expire after 2012, unless Congress enacts further legislation.
- The trust can help protect assets against creditors of the surviving spouse or future beneficiaries (typically children and grandchildren).
- The trust gives the first spouse to die control over the ultimate distribution of his or her assets. For example, in a second marriage situation, one spouse may wish to ensure that any assets remaining after his or her spouse's death pass to his or her children from a previous marriage.
- Appreciation of assets placed in the trust will escape estate taxation in the survivor's estate.
- The portability feature applies only to estate tax; it does not apply to the generation-skipping transfer (GST) tax. Without a trust, any unused GST tax exemption of the first spouse to die will be lost.
Copyright 2006-2010 Forefield Inc. All rights reserved.
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The 2010 Federal Estate Tax Choice
To pay or not to pay, that is the question
On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act (the Act) into law. The Act reinstated the federal estate tax for persons who died in 2010, retroactively applying a 35% maximum estate tax rate and a $5 million estate tax exemption. The Act also allows those estates to opt out of the tax. For some estate executors, a choice must be made between paying the tax or not paying the tax. Why would an executor choose to pay the estate tax? There's a good reason.
No estate tax, no step-up in basis
If an executor chooses to elect out of the estate tax, estate property will receive a modified carryover income tax basis, and not a step-up (or step-down) in basis. Step-up (or step-down) generally means that the tax basis of the estate's assets increases (or decreases) to fair market value (FMV) at the date of death. This is important for two types of assets--assets that have greatly appreciated in value and assets that have a cost basis that is difficult to prove. The modified carryover basis regime allows the decedent's cost basis to be increased by $1.3 million, with an additional $3 million increase for assets received by surviving spouses.
Comparing tax results
Executors will need to evaluate which tax system will be more beneficial to the estate: estate tax or capital gains tax. Estates valued at less than $5 million may want to choose the estate tax system in order to get an income-tax-free step-up in basis on appreciated assets. Certain larger estates might choose the estate tax if the estates calculate that the reduction in capital gains tax on any sale of inherited assets with a stepped-up basis will more than offset the increase in estate tax. Other larger estates might choose no estate tax if the estates calculate that the estate and its beneficiaries will pay less in capital gains tax on any sale of inherited assets than the estate tax that would otherwise be due.
Deadlines
The Act extends the estate tax return filing and payment deadline to September 17, 2011, for the estates of persons who died between January 1 and December 17, 2010. This is also the deadline for filing IRS Form 8939 if the estate elects out of the estate tax in favor of the modified carryover basis regime.
September 17, 2011 is also the deadline for making qualified disclaimers from these estates. Estates should also check state law for the applicable state deadlines for making a qualified disclaimer.
The estates of decedents dying after December 17, 2010 must follow the usual nine-month deadlines for filing tax returns and making tax payments and disclaimers.
Please contact us if you have any questions or would like to discuss anything in greater detail.
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copyright 2006-2010 Forefield Inc. all rights reserved
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Disclosures
The views expressed herein represent the opinion(s) of Brighton Financial Professionals as of the date of this posting, and may change at any time without prior notification. |
The links to other websites provides a path to other entities' websites that are not affiliate with BFP. BFP is not responsible for the content or information practices by websites linked to Brighton. Often we provide links to other sites solely as pointers to information or topics that may be of interest to users of our website. Such links do not imply BFP's endorsement of any information or material on any other site and BFP disclaims all liability with regard to your access to and use of such linked websites.
Brighton Financial Planning utilizes information from third party sources. Brighton Financial Planning is not responsible for verifying the accuracy of any information sourced by such third-party information providers.
Any mention of products or securities does not constitute a recommendation, investment, legal or tax advice, as BFP is not holding itself out as providing such advice.
Any mention of securities does not represent an offer or a solicitation of an offer to buy or sell such securities, particularly in those jurisdictions where such solicitation or offer is prohibited by law.
As with all investments, there are inherent risks to investing that may not be able to be mitigate through responsible investing. You should consult with a qualified investment adviser prior to investing. |
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