Conference Call: 10 Precautions for Protecting the Benefits of Your Private Foundation

Interested in protecting your estate and maximizing the impact of your charitable giving? Then establishing a Private Foundation is worth your consideration.

A Private Foundation provides the ability to retain control over the administration and investment of assets that have been recognized as important for future grant-making. By making gifts from your Foundation to charities in increments over time, you can extend your influence over the ongoing use of your gifts.

While there are many advantages of Private Foundations, there are also often-overlooked pitfalls (see below), which McManus & Associates Founding Principal John O. McManus recently discussed with clients, as part of the firm’s educational focus series. To listen, click here:

 

1. Using care when compensating family members through the foundation
2. Beware the penalties for self dealing
3. How to address office sharing with family offices
4. Promptly addressing misuse of foundation funds or income
5. Why you should avoid legally binding pledges
6. How to protect the founder’s mission
7. When to seek legal advice
8. How to exercise expenditure responsibly
9. Identifying any benefits from joint investments or co-ownership
10. Using caution with ticketing and fundraising events.

For guidance on the creation or management of a Private Foundation, contact McManus & Associates at 908-898-0100.

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7 Immediate Steps to Protect Your Information from Being Misused due to the Equifax Data Breach

If you are one of the 143 million American consumers whose names, Social Security numbers, birth dates, addresses, driver’s license numbers, credit card numbers and other personal identifying information was exposed in the data breach at Equifax, which stretched from mid-May through July of this year, here are seven immediate steps to stop the hackers from further victimizing you:

1.    Determine whether your information may have been exposed. Using a secure computer and an encrypted network connection, go to https://www.equifaxsecurity2017.com/potential-impact/ and enter your last name and the last six digits of your Social Security number. Doing so will reveal whether you are among those affected by the breach.

2.    Sign up for a year of free credit monitoring from TrustedID Premier, which will be offered by the above site after completing step one. All U.S. consumers – whether their information was obtained or not – can enroll. The deadline is November 21, 2017.

3.    Systematically review your existing bank, credit card and insurance accounts for fraudulent transactions. If any unrecognized charges appear, contact your bank, credit card company or insurance provider immediately to report the issue.

4.    Visit annualcreditreport.com to check your credit reports from Equifax, Experian, and TransUnion for free. If you see any accounts or activity that you don’t recognize, identify theft could be the culprit, and you should go to IdentityTheft.gov to learn more about what to do.

5.    Consider placing a security freeze or a credit freeze on your report, which locks down your credit. According to the Federal Trade Commission, this “lets you restrict access to your credit report, which in turn makes it more difficult for identity thieves to open new accounts in your name.” Note: Scammers can still make changes to your existing accounts, despite a security freeze.

6.    Alternatively, consider creating a fraud alert to flag creditors that you may be a victim of identity theft, and they should verify that anyone seeking credit in your name is really you. Creditors will still be able to get a copy of your credit report as long as they take steps to verify your identity. This may prevent a scammer from opening new accounts in your name, but this alert is not likely to stop abuse of your existing accounts.

7.    File your taxes as soon as possible to avoid tax identity theft, which is when someone uses your Social Security number to steal your tax refund or to get a job. Being proactive and filing first (before a fraudster) eliminates this vulnerability.

For additional guidance related to management of your wealth, visit www.mcmanuslegal.com or call 908-898-0100.

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McManus Interviewed for Wall Street Journal’s “Watching Your Wealth” Podcast

In the Wall Street Journal’s newest “Watching Your Wealth” podcast, Veronica Dagher interviews McManus & Associates Founding Principal John O. McManus on red flags that warn you your adult kids are using you for your money and/or are trying to get a bigger share of your estate. In the episode, Veronica does a “fun estate planning quiz” with John, as well, and asks him to share the best and worst estate planning advice he’s ever heard, what an estate can and can’t buy, and what he would do with $1M after tax if he inherited it.

Click here to listen to the quick, 11-minute episode: http://bit.ly/2pckWFo

To set up a time to discuss the family dynamics impacting your estate plan with the McManus & Associates team, give us a call at 908-898-0100.

Are Your Adult Children Using You For Your Money?

McManus & Associates’ John McManus discusses the red flags your children may be taking advantage of you financially and how to better communicate with them about money.

11 min: LISTEN

 

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Conference Call: Top 10 Ways to Solidify an Estate Plan Post-Execution

Execute and shelve is not an effective approach to estate planning. McManus & Associates, a top-rated estate planning law firm celebrating 25 years of success, today revealed the “Top 10 Ways to Solidify an Estate Plan Post-Execution,” a recent installment in its Educational Focus Series. During a conference call with clients, the firm’s Founding Principal and AV-rated Attorney John O. McManus shared tips on how to build a solid and complete Estate Plan to protect and nurture your family today and for generations to come.

“To make your estate plan solid, there are numerous issues to consider and actions to be taken that extend far beyond drafting documents,” commented McManus. “Building a foundation through strategic planning and establishing the framework for one’s legacy are important steps, but until all the core elements of the structure are in place, there’s more work to do.

“Today, in the Trump Era, with all the uncertainty about where the estate tax and income tax regimes converge and diverge, it is critical to ensure that core protection work is completed as we batten down the hatches, protecting for the storm of changes most certainly on the horizon. To ignore fully completing this core work as we await changes to more complex tax issues is not the most conservative approach. In fact, some have said that to neglect core planning is tantamount to being reckless with one’s loved ones.

McManus added, “As family dynamics and the legal environment evolve, it’s particularly important after the core work is completed to revisit and revise that portion of one’s estate plan, as needed.”

LISTEN HERE for details: “Top 10 Ways to Solidify an Estate Plan Post-Execution”

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Conference Call: 9 Year-End Charitable Tips for 2016 and Philanthropic Strategies for 2017 and Beyond

Year-end giving allows you to positively impact the greater good by helping charities in need, while reducing your 2016 tax liability. During a new conference call with clients, John O. McManus shares important advice on how to give now to capture the greatest income tax deductions, and he identifies tax-efficient estate planning vehicles to consider for your ongoing philanthropic mission.

LISTEN HERE: “9 Year-End Charitable Tips for 2016 and Philanthropic Strategies for 2017 and Beyond”

“The result of this year’s election makes taking advantage of deductions in 2016 even more urgent and more important,” explained McManus. “Income tax rates will likely go down in 2017, reducing the value of deductions. Because tax deductions are more impactful when tax rates are higher, consider making your charitable gifts for 2017 before the end of 2016.”

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Conference Call: Proposed Treasury Regulations and Discounting

Proposed IRS regulations were recently issued that would eliminate discounting of transfers of family business interests. Valuation discounting is now time-sensitive, as this opportunity is scheduled to be eliminated, possibly by the end of the year.

Partnerships are sophisticated vehicles for unifying family investments, providing for the orderly transfer of assets, delivering asset protection, and maintaining centralizing control. These partnerships are legitimate entities that facilitate the distribution of wealth to family members and the growth of family assets. Partnerships also afford the opportunity for discounts on asset transfer to family members; while discounting is not the number one reason for creating partnerships, the strategy is worth noting.

The Treasury Department has finally issued its dreaded proposed regulations limiting discounted transfers among family members. This means the clock is ticking until the public hearing on December 1, 2016, which will help determine the strategy’s fate. Final regulations can be issued at any time after that date and will become effective 30 days after their issuance.

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Bankrate and WealthManagement Highlight McManus’ Guidance on Tax and Estate Planning for Gay and Lesbian Couples

bankrate logoBankrate, which has more than 2.75 million readers, recently published a story based on McManus & Associates’ “Same-sex marriage tax and estate planning tips.” As the story points out, thousands of gay and lesbian couples are celebrating wedding anniversaries this year and, this month, another momentous date. June 26 was the day last year that the Supreme Court declared same-sex marriage legal throughout the United States.

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3 Last-Minute Income Tax Strategies

Photo credit: Lendingmemo

Photo credit: Lendingmemo

Scrambling as we approach April 18th? Here are three last-minute tax strategies to harness for proper management of the deadline.

If you need additional time to file your personal income tax return, file an extension:

The deadline to file your tax return is April 18, 2016 (April 19, 2016, if you live in Maine or Massachusetts).

If you cannot file your return on time, apply by the due date of the return for an extension.  You can receive an automatic six-month extension for your personal income tax return if you file Form 4868 by the tax filing deadline.  (If you are mailing the extension, you should mail it certified with a return receipt, so that you have proof of the mailing date.) The extension gives you until October 17, 2016 to file your 2015 return.

This extension is for filing only and does not allow you more time, without penalty, to pay your tax liability for 2015.  Although the extension will be allowed without payment, you will be subject to interest charges and possible late payment penalties on 2015 taxes not paid by April 18th (or April 19th in Maine or Massachusetts).

If the amount paid with Form 4868, plus withholding and estimated tax payments for 2015, are less than 90% of the amount due, you will be subject to a late payment penalty (one-half of 1% of the unpaid tax per month).

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Many Millionaires Are Down on the Stock Market – Should You Be?

Last Friday, Brian O’Connell penned a piece for TheStreet on what millionaires being down on the stock market means for regular investors. Here are thoughts from John O. McManus, founding principal of McManus & Associates:

With the wealthy keeping a tight rein on their dollars, the market remains flat to down. Because millionaires feel poorer, they’re spending less on creature comforts, which can cause the economy to slow. We saw this in the Great Recession – fewer vacations and pricey dinners, less frequently cut lawns and cleaned pools, and fewer wallets opened for cars, high-end fashion, jewelry and more. When millionaires are soured on the market, regular investors should view this as a red flag, because the rich tend to spend the most on guidance from top-notch advisors and can afford to be patient and invest for the long-haul. If millionaires are pulling out of the market or not investing, there’s no reason regular investors should do the opposite. That said, many millionaires may still be invested in the market, because they can afford to take a long view.

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