Rounsfull & Associates, Ltd. Newsletter
May 2009
In This Issue
Tax Strategies for a Depressed Stock Market
Change in the Federal and Illinois Estate Tax Law

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With the completion of your 2008 return behind us, I want to thank you for your reliance on our tax services.  Your patronage is greatly appreciated.
 
As I write this, Peg and I are anxiously looking forward to a few days away - our annual post tax season vacation.  And as many of you know, we both enjoy going to Las Vegas to enjoy the sun (that would be Peg), wonderful meals, unique shows, and maybe a few hands at the poker table (that would be me).  But I leave a very qualified and talented staff behind, so if any of you need assistance, please contact Kristy, or Susan.
 
In this edition of the newsletter, I've included two articles, and a link to a 10-page discussion of the tax law that was passed last February.  The articles have a common stock market theme:
 
-         Tax Strategies for a Depressed Stock Market - opportunities and options to consider in light of the current stock market situation
-         Belling the Cat - an article written by Nick Murray - I've put some of Nick's articles in prior newsletters, I find his thoughts insightful, and his writing style quite entertaining.
-         The link below is to "Money in Your Pocket", an article created for the AICPA, and written in layman's language, discussing the American Recovery and Reinvestment Act passed earlier this year.
 
I hope you enjoy the discussions below;
 
Bob Rounsfull
 
Please click here for the link to "Money in Your Pocket Article"
 
 

Tax Strategies for a Depressed Stock Market
 

Nobody except hard-core short sellers can be very happy about the stock market's recent performance. That said, things have gotten somewhat better lately. We have a bit of additional good news to share with you the market decline has opened up some helpful tax-saving opportunities. When you think about it, reducing your tax bill is just as good as making money in the market. In fact, it's almost better because you won't owe any taxes on the extra dough you'll find in your pocket.
Here is our short list of tax-smart strategies that can work for you during and after periods of exceptionally lousy stock market conditions.
 
Revamp Your Investment Portfolio and Cut Taxes Too

 
With all the recent market turmoil, it's likely time to revamp and rebalance your portfolio. The silver lining in the bad market performance of late is that the tax cost of revamping your portfolio is not so bad. So, while it's not generally wise to let tax implications drive investment decisions, you should not ignore them either.
 
As you know, the current maximum federal income tax rate on long-term capital gains from selling stock and mutual fund shares held in taxable brokerage firm accounts is only 15%, which is pretty good by recent historical standards. However, 0% is even better, and 0% may be all you'll owe if you see this as a good time to revamp your taxable brokerage account's stock and equity mutual fund portfolio. Let's assume the revamping would involve selling some winners (current market value above what you paid), as well as some losers (shares currently worth less than what you paid). As long as the losses from the losers fully offset the gains from the winners, you'll owe nothing to the IRS as a result of your revamping efforts.
 
But why stop there? You can continue trimming unwanted loser shares until you've generated a $3,000 net capital loss for the year. You can then deduct that $3,000 loss against this year's income from other sources salary, self-employment income, interest, dividends, alimony received, and so on. If you are married and file separately from your spouse, the annual net capital loss deduction limit is only $1,500 versus the usual $3,000 limit. This tax-saving strategy of selling unwanted loser shares before year-end is what Wall Street types call "harvesting" losses (to put a positive spin on a negative thing).
 
Once again, why stop there? If your loss harvesting is more extensive, you can generate a net capital loss that is well above the annual deductible limit ($3,000 or $1,500). This can turn out to be a tax blessing, since you can use that "excess loss" to shelter later capital gains. In fact, the tax shelter provided by your excess loss gives you great investing flexibility. Why? Because you can use the excess loss to shelter short-term gains from sales later this year, or in future years, as well as long-term gains. (You can carry forward any excess loss remaining at the end of this year to 2010 and beyond until you have enough gains to use it up.)
 
More specifically, to the extent of your excess loss, you don't have to worry about holding onto profitable positions for over a year just to get better tax results. With your excess loss in hand, you can exit profitable positions anytime you want without triggering any federal income tax bill whatsoever (assuming your excess loss is big enough to provide all the shelter you need). Even better, that excess loss might wind up sheltering gains in future years when tax rates are higher. All in all, owning an excess loss is really quite liberating when you think about it the right way. (To be sure, selling losers to generate that excess loss may be psychologically painful, but the welcome feeling of liberation will set in almost immediately thereafter.)
 
Sell Winner Shares from Retirement Accounts; Sell Loser Shares from Taxable Accounts
 
If you happen to be one of the lucky ones who has profited from this year's market upticks, you may not have enough unwanted losers in your taxable brokerage firm account to fully offset gains from your taxable account. As you now adjust your portfolio by selling some winners, you may still be able to avoid or minimize the tax hit. Do this: try to sell winners mainly from your tax-advantaged retirement account (traditional or Roth IRA, 401(k), variable annuity account, and the like). Try to sell losers mainly from your taxable account. That way you can take some profits without necessarily paying the IRS for the privilege. In fact, if you can generate a net capital loss from taxable account sales, you can actually shelter up to $3,000 (or $1,500) worth of income from other sources, as explained earlier.
 
When Making Gifts:  Give Away Winner Shares But Sell Loser Shares and Give Away the Cash
 
Say you want to make some gifts to favorite relatives (who may really be hurting financially) and/or charities (ditto). You can make gifts in conjunction with an overall revamping of your holdings of stocks and equity mutual fund shares held in taxable brokerage firm accounts. Here's how to get the best tax results from your generosity.
 
Gifts to Relatives
. Don't give away loser shares (currently worth less than what you paid for them). Instead sell the shares, and take advantage of the resulting capital loss as explained earlier. Then, give the cash sales proceeds to the relative.
 
Do
give away winner shares to relatives. Most likely, they will pay lower tax rates than you would pay if you sold the same shares. In fact, relatives who are in the 10% or 15% federal income tax brackets will generally pay a 0% federal tax rate on long-term gains from shares that were held for over a year before being sold. (For purposes of meeting the more-than-one-year rule for gifted shares, the recipient owners get to count your ownership period plus their ownership period, however brief.) Even if the shares are held for one year or less before being sold, your relative will probably pay a lower tax rate than you would (typically only 10% or 15%). However, beware of one thing before employing this give-away-winner-shares strategy. Gains recognized by a younger relative who is under age 24 may be taxed at his or her parent's higher rates under the so-called Kiddie Tax rules (contact us if you're concerned about this issue).
 
Gifts to Charities
. It turns out the strategies for gifts to relatives work equally well for gifts to IRS-approved charities. So, sell loser shares and claim the resulting tax-saving capital loss on your return. Then, give the cash sales proceeds to the charity and claim the resulting charitable write-off (assuming you itemize deductions). As you can see, this idea results in a double tax benefit (tax-saving capital loss plus tax-saving charitable contribution deduction).
 
With winner shares, give them away to charity instead of giving cash. Here's why. For publicly traded shares that you've owned over a year, your charitable deduction equals the full current market value at the time of the gift. Plus, when you give winner shares away, you walk away from the related capital gains tax. This idea is another double tax-saver (you avoid capital gains tax on the winner shares, and you get a tax-saving charitable contribution write-off to boot). Because the charitable organization is tax-exempt, it can sell your donated shares without owing anything to the IRS. Truly, this is a win-win situation for everybody except the government.
 
Convert Your Traditional IRA into a Roth IRA

 
Here's the best scenario for this idea: your traditional IRA is (or was) loaded with equities and took a major beating during the stock market downturn. Thus, your account is now worth a lot less than it once was. Correspondingly, the tax hit from converting your traditional IRA into a Roth account right now would also be a lot less than before. Why? Because a Roth conversion is treated as a taxable liquidation of your traditional IRA followed by a nondeductible contribution to the new Roth account. While even the reduced current tax hit from converting is unwelcome, it may be a small price to pay for future tax savings. After the conversion, all the income and gains that accumulate in your Roth account, and all withdrawals, will be totally free of any federal taxes assuming you meet the tax-free withdrawal rules. In contrast, future withdrawals from a traditional IRA could be hit with tax rates that are much higher than today's rates.
 
Of course, conversion is not a no-brainer. You have to be satisfied that paying the up-front conversion tax bill makes sense in your circumstances. In particular, converting a big account all at once could push you into higher 2009 tax brackets, which would not be good. You must also make assumptions about future tax rates, how long you will leave the account untouched, the rate of return earned on your Roth IRA investments, and so forth. To be eligible for a Roth conversion this year, your 2009 adjusted gross income cannot exceed $100,000. In 2010, the $100,000 restriction will go away unless Congress changes the deal. If the Roth conversion idea intrigues you, please contact us for a full analysis of all the relevant variables.
 
Conclusion
 
You now know about some tax-smart moves that can be especially helpful during and after a down stock market. Please contact us if you have questions or want more details about the ideas in this letter.
 
There are plenty of other tax issues to think about as well this year especially after all the recent tax law changes (with more probably on the way). We are always ready to talk with you about those things too.

Belling the Cat

The mice in Aesop's fable voted unanimously, without demurral or even much discussion, that a bell should be tied around the neck of the local cat, so that they would always be warned of his approach. The meeting foundered, however, when the issue became exactly which mouse or mice were to be delegated to do the belling.
 
The moral of the fable is that any number of perfectly good ideas do not survive the issue of how they are to be carried out. Just such an idea surfaces after any deep and prolonged decline in the equity market. It is that the "buy-and-hold" approach to equity investing is now thoroughly discredited, and should be replaced with a more active approach to getting out of harm's way during market declines and re-entering the market during (or even in anticipation of) its advancing phases.
 
Perhaps we might call it "belling the bear."
 
It's onerous and even hateful to think that you have to ride out temporary declines of anything like the magnitude of the current bear market, in order to be sure of capturing the long-term returns of equities. There just has to be a better way. Granted, there's no way consistently to be sure markets are topping or bottoming as they do so. But there just has to be-doesn't there?-a signal, as a pullback begins to pick up steam, that we're in for a major decline.
 
Well, let's see. Suppose we said that, every time the market closes down 10% from a previous peak, we'd get out. This is clean, it's simple, it doesn't require a lot of agonizing analysis-and you're absolutely sure of never getting caught in a major break.
 
There are just a couple of things wrong with this approach. (1) Ten percent declines happen on an average of once a year, and don't go much further down, if at all. So, using this perfectly common-sense technique, you'll get stopped out at the bottom of a meaningless correction pretty much every year. There wouldn't need to be anything else wrong in order to disqualify this technique, but of course there is: (2) You still don't know where to get back in.
 
OK, then, suppose we make it 20%. Twenty percent down from a previous high, and you're gone. You can never get caught in a monster bear market like the recent unpleasantness.
Couple of things wrong here, too. (1) Even factoring in the current bear (down 57% peak to trough on a closing basis through the panic lows of March 9), the average post-WWII bear market only took the market down about 30%. So, on average, stopping yourself out at 20% didn't save you much. And-you guessed it: (2) You still didn't know where to get back in.
 
You can go on and on like this. Try as you will, you can't get any number-or combination of numbers-to tie a bell around that bear's neck. Nor to then make the bell stop ringing when the bear has finally shot his bolt. Like the mice deciding to bell Aesop's cat, getting opportunely in and out of the equity market is a really great idea...that can never work.
 
Winston Churchill famously said that democracy is the worst form of government ever practiced by man, except for all the others. In just that sense, buy-and-hold is simply the worst equity investment strategy ever concocted by man.
 
Except for all the others.