Reduce Your Taxes by Putting the Right Assets in Your IRA

5 min read

Reduce Your Taxes by Putting the Right Assets in Your IRAMost people know the basic concept that certain types of investment accounts are tax sheltered while others are not. Think 401(k), 403(b), IRA and Roth IRA accounts, for example. What most people are not aware of is how you split your investment positions between your taxable and non-taxable accounts can result in major tax savings.

Asset Allocation and Location

One of the core principles of investing is to have an appropriate asset allocation that aligns with your risk tolerance and goals. In other words, how much of your investable net worth is in cash, stocks, bonds, precious metals, real estate, alternative assets, private investments, etc? Once you have this determined, the next consideration should be the location of these assets, primarily meaning whether you hold them in a taxable or tax-sheltered account.

The first, core principle behind asset location positioning is that bonds and other fixed income investments get the highest priority within tax sheltered accounts because they pay high-taxed ordinary income. Stocks that pay qualified dividends may be taxed at the more advantageous long-term capital gains rate, so they are typically better in taxable accounts.

What Are the Stakes?

To put it simply, big money. Take the example of a hypothetical $2 million portfolio evenly split between stocks and bonds. In the case where an investor has $1 million each in a taxable account (50/50 stock and bonds) and another $1 million in a tax-sheltered account (again 50/50 stock and bonds); this would cost about $148,000 over 30 years versus placing all the stock in a taxable account and all the bonds in a tax-sheltered account.

Asset Class Location Ranking

Of course, there are many more nuances and types of investments. Below we review 10 different types of assets, ranking them in order of those that get the most benefit from being in a tax-sheltered account with an explanation of why.

  1. K-1-Free Commodity Funds
    Popular for investing in futures, these are typically structured as Cayman Islands holding companies. As a result, they often kick-off highly taxed ordinary income even when the fund is losing money. Keep these in a tax-sheltered account at all costs.
  2. Junk Bonds
    High-yield corporate bonds typically come with large coupons (often 7 percent to 9 percent) and a small capital loss in the 1 percent to 2 percent range. Since the large coupon payment is taxed as ordinary income, while capital losses are worth less from a tax perspective, junk bonds are a prime candidate to go into a tax-sheltered account.
  3. Income Stocks
    Preferred shares and real estate investment trusts are characterized by their high unqualified dividends, so they are not eligible for preferential capital gains tax rates. This makes them best suited for a tax-sheltered account.
  4. High-Grade Bonds
    Similar to junk bonds, but with lower coupons and smaller capital losses, the benefits of holding these in a tax-sheltered account is less than the items above, but it is still preferable to place them in a tax-sheltered account.
  5. U.S. Treasuries
    The interest on U.S. Treasuries is taxed as ordinary income; however, it is exempt from state income tax. Depending on the state in which you are subject to taxes, these fall in the middle ground and could be held in either a taxable or tax-sheltered account.
  6. Actively Managed Mutual Funds
    The frequent churn of the holdings in actively managed funds typically creates more short-term capital gains versus long-term. Again, depending on total returns and how active the fund manager is, these could be held in either a taxable or tax-sheltered account.
  7. K-1 Commodity Funds
    Usually taxed as partnerships, profits typically get a 60/40 treatment, with 60 percent of gains classified as long-term and qualifying for favorable rates, putting them in the middle ground as well.
  8. High-Dividend Stocks
    For some investors, dividends are king. Think utility stocks and big-name blue chips with a steady track record of paying consistent dividends, like Altria. Since most, if not all, the dividend income is usually in the form of qualified dividends, holding these in a taxable account is much less painful.
  9. Stock Index Funds and Low Dividend Stocks
    Broader market mutual funds and ETFs have lower dividends. For example, on average, a total U.S. market ETF yields approximately 0.3 percent. Given this and their low churn, these funds are prime to be held in a taxable account, especially if the intended holding period is more than a year and will qualify you for long-term capital gains treatment and defer any taxable event until sale.
  10. Master Limited Partnerships (MLPs) and Private Real Estate Funds
    Typical of oil and natural gas pipeline investments, MLPs pay big dividends early on and they usually are not taxed in early years. Similarly, private placement real estate fund investments are shielded from the income they produce due to the upfront benefits of depreciation. Given their structure and the fact that they hold debt attributable to the owner, however, makes them a no-go for a tax-sheltered account since they create what is considered “unrelated business taxable income.” This makes these investments only suitable for a regular taxable account.

Conclusion

The decision of which types of investments you keep in either taxable or tax-sheltered accounts can make a big difference in how your investments grow and how much you keep. Consider evaluating not only your asset allocation but also your asset location to optimize for taxes.

Actions Lottery Winners Should Consider

4 min read

What to do if you win a lotteryWe all have those days when we dream of striking it rich with a winning lottery ticket. Never having to work again while living a life of luxury. While your chance of finding a four-leaf clover is higher than winning the lottery, we can still dream, right? And while we are dreaming, let’s talk about the best ways to deal with landing such a large sum of cash. And since lottery winners have a limited time to claim their prize, it’s important to take prudent steps when managing the money.

How Much Do Winners Actually Take Home?

Let’s take a look at actual prize amounts from recent winnings. The October 2023 Powerball jackpot of $1.2 billion translated to a cash value of $551.7 million. Depending on what the winner decides – either taking the lump sum or opting for a multi-decade annuity – they have a serious decision to make.

It’s important to consider inflation factors if choosing the multi-decade annuity option. For example, when it comes to 30 payments taken over 29 years, the first consideration is to determine if there’s a 5 percent increase in the amount for each subsequent year. However, it’s important to keep inflation and the value of money going forward in mind.

For example, between March 2021 and March 2023, the average monthly inflation rate was 5 percent or higher, according to Statista Research Department. It peaked during June 2022 at 9.1 percent on a monthly basis. If the lump sum was taken before inflation increased during the post-COVID-19 reopening, or the annuity was increased by 5 percent, lottery winners without a plan to preserve and increase their earnings would have seen their money’s purchasing power decline.

Another thing to consider is how to legally navigate the tax code. For example, when it comes to federal taxes, 24 percent is automatically withheld. According to the 2024 Federal Tax Code, large winnings will put the winner in the 37 percent tax bracket. If the winner is single or married, the 37 percent bracket kicks in at $578,125 and $693,750, respectively. Additionally, winners also are required to determine compliance with state, county, city, etc. taxes. State taxes can vary greatly; looking at you: Pennsylvania at 3.07 percent, and New York at 10.9 percent.

When it comes to being generous through philanthropy, winners can work with their legal and financial professionals to determine how to offset taxes. This can take the form of direct donations, creating a donor advisor fund (DAF) to get the tax benefit immediately, especially if the lump sum is taken, but also if an annuity is taken. With 2023’s standard deduction threshold of $13,850 (single) and $27,700 (married couples), winners might consider how to make charitable donations part of a tax reduction plan.

Another question to ask is whether establishing a trust would be helpful when sorting out one’s distribution of assets. If a winner dies intestate (without a will), the state of that person’s residence will determine who gets your money – regardless of who you may have wanted to receive it.

Similarly, setting up a trust may be beneficial for both claiming the lottery winning anonymously, and it can help determine how to give money to family members. A trust can be set up for a family member or a pet’s care and can be conditional on releasing the funds when the individual reaches a certain age.

While these steps are not comprehensive, and each winner will have unique circumstances, there are many legal and financial considerations to think about immediately upon winning and before claiming a jackpot.

Sources

https://www.irs.gov/credits-and-deductions-for-individuals

https://www.statista.com/statistics/273418/unadjusted-monthly-inflation-rate-in-the-us/

Deepfakes and Social Engineering: The New Face of CEO and CFO Fraud

4 min read

What is a Deepfakes and Social EngineeringTechnological advancements have ushered in a new era of cybercrime, with deepfakes and social engineering tactics at the forefront of fraudulent activities. CEO and CFO fraud has become increasingly widespread, posing significant threats to organizations worldwide.

Understanding CEO and CFO Fraud

CEO and CFO fraud involves cybercriminals impersonating executives to manipulate employees to transfer funds or sensitive information. These scams often rely on social engineering techniques to deceive unsuspecting victims. While traditional phishing emails used in business email compromise (BEC)might use generic language, sophisticated cybercriminals now leverage deepfakes to make their schemes more convincing. They exploit human trust and undermine traditional security measures.

The Rise of Deepfakes

Deepfakes are highly realistic manipulated media created using deep learning technology, often involving video or audio recordings that appear genuine. With the aid of generative artificial intelligence (AI) tools, deepfake technology has become increasingly sophisticated. This is because the synthetic media generated using AI can realistically replicate a person’s voice, appearance, and mannerisms. These advancements in AI technology have made it increasingly challenging to distinguish between real and manipulated content, amplifying the effectiveness of social engineering tactics.

It is worth noting that deepfakes alone are not enough to guarantee success for these scams. Social engineering plays a crucial role in manipulating victims and exploiting their vulnerabilities. The fraudsters deploy various tactics, including creating a sense of urgency, leveraging trust and authority, and targeting specific individuals with access to sensitive information or decision-making authority.

A notable instance of this fraud is that of a Hong Kong-based multinational firm that lost $25 million after being duped by a deepfake impersonation of their CFO. Using a realistic video call, the scammer instructed an employee to transfer the funds to a supposedly urgent business acquisition in China. Unfortunately, the employee was unaware of the deepfake and fell victim to the elaborate scam.

In another instance, a cybercriminal impersonated the CFO of a prominent financial institution using a deepfake audio recording. The fraudulent call, which sounded identical to the CFO’s voice, instructed an employee to disclose sensitive client information. Believing it was a legitimate request from the CFO, the employee complied, unintentionally compromising confidential data and exposing the organization to regulatory penalties and lawsuits.

Mitigating the Threat

Organizations must implement robust cybersecurity measures and employee training initiatives to deal with the rising threat of CEO and CFO fraud facilitated by deepfakes and social engineering. Below are some strategies to consider:

  • Employee education and awareness: Companies can hold regular training sessions to educate employees about the dangers of social engineering tactics and how to identify suspicious communications, including deepfake content. They also can encourage vigilance and emphasize the importance of verifying requests, especially those involving financial transactions or sensitive information.
  • Multi-factor authentication (MFA): Businesses are implementing MFA protocols for financial transactions and accessing sensitive data. By requiring multiple verification forms, such as passwords, biometrics or one-time codes, MFA adds an extra layer of security that can help hinder unauthorized access, even if credentials are compromised.
  • Strict verification procedures and zero-trust policy: Organizations can establish strict verification procedures for any requests involving changes to payment instructions or the disclosure of sensitive information. Employees must verify such requests through multiple channels, such as phone calls or in-person meetings.
  • Advanced detection technologies: Companies also might invest in advanced detection technologies capable of identifying deepfake content and other forms of manipulated media. These tools use AI algorithms to analyze multimedia content for signs of tampering or manipulation, helping organizations identify potential threats before they escalate.

As deepfake technology advances, these scams will likely become even more sophisticated and challenging to detect. As Gartner predicts, by 2026, identity verification and authentication solutions such as face biometrics could become unreliable due to AI-generated deepfakes. Therefore, it is crucial to acknowledge the broader implications of deepfakes and social engineering. Regulatory bodies, technology companies, and other concerned institutions must collaborate to develop comprehensive frameworks that address the ethical use of AI, establish clear guidelines for deepfake technology, and enhance overall cybersecurity resilience.

Conclusion

As deepfakes and social engineering tactics continue to evolve, the threat of CEO and CFO fraud is a real challenge for organizations of all sizes. Sophisticated technology and deceptive practices have made it easier than ever for cybercriminals to impersonate executives and manipulate employees into unknowingly facilitating fraudulent activities. Organizations must adopt proactive approaches to mitigate the risks associated with deep fake-enabled fraud and to safeguard their assets and reputations in an increasingly digital landscape.

Debating U.S. Border Policies and Foreign Aid, Providing Tax Relief Before Tax Season, and Training More Nurses

3 min read

Debating U.S. Border Policies and Foreign Aid, Providing Tax Relief Before Tax Season, and Training More NursesThe Emergency National Security Supplemental Appropriations Act (HR 815) – Formerly known as the RELIEVE Act, this bill was originally written to improve veteran eligibility for reimbursement for emergency treatment. However, the bill was altered to incorporate the Senate’s effort to combine new U.S. border policies with aid for wars abroad. On Feb. 13, the Senate passed this bill to provide $95.3 billion in aid for Ukraine, Israel, and Taiwan. While the border policy portion of the bill was struck out, the Senate did manage to pass the foreign aid funding. The bill includes $4.83 billion to help deter China’s aggression against Taiwan, $9.15 billion in humanitarian assistance to civilians in conflict zones such as Gaza and the West Bank, $14.1 billion to support Israel’s war against Hamas, and $60 billion in aid to Ukraine. It is worth noting that about 75 percent of the Ukraine funding would be spent in the United States to refill inventories and purchase new weapons from American manufacturers. However, the House speaker has indicated he will not bring the bill to the floor for a vote until they have satisfactorily readdressed immigration policies affecting the U.S. border.

Tax Relief for American Families and Workers Act of 2024 (HR 7024) – This bipartisan legislation was introduced on Jan. 17 by Rep. Jason Smith (R-MO). The bill includes a variety of tax-related provisions, such as enhancing the low-income housing and child tax credits, as well as offering additional tax incentives to promote economic growth for small and private business owners and entrepreneurs. The bill passed in the House on Jan. 31 and has the potential to pass in the Senate before the April tax filing deadline.

No Dollars to Uyghur Forced Labor (HR 4039) – This bill prohibits two U.S. government agencies from spending funds associated with goods procured via forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China. However, if the State Department advises Congress of evidence that no forced labor was used in making particular goods, it may waive the prohibition. The act was introduced by Rep. Nathaniel Moran (R-TX) on June 12, 2023. It passed in the House on Feb. 13 and currently lies with the Senate.

A bill to improve performance and accountability in the Federal Government and for other purposes (S 709) – This bipartisan bill was introduced by Sen. Gary Peters (D-MI) on March 8, 2023. It is designed to improve performance and accountability within the Federal Government by re-evaluating the goals of federal agencies and authorizing a Deputy Performance Improvement Officer in addition to a Performance Improvement Officer. The act passed in the Senate on Feb. 8 and is now under consideration in the House.

Train More Nurses Act (S 2853) – This bill requires the Departments of Labor and Health and Human Services to research and prepare recommendations to make grant programs that support nurses more effectively. Specifically, how to increase pathways for experienced nurses to become teachers at nursing schools, particularly in underserved areas, and how to encourage more licensed practical nurses to become registered nurses. The act, which was introduced by Sen. Jacky Rosen (D-NV) on May 3, 2023, passed by unanimous consent in the Senate on Jan. 24. It is currently under review in the House.

What to Know About the Art Donation Deduction

4 min read

Art Donation DeductionIf you would like to donate artwork to an eligible charitable organization, you might be able to take a deduction on your tax return. However, the rules are complex. There are different requirements for different values, and there are scams you want to avoid that could lead to severe consequences for taxpayers who abuse this deduction.

Generally, the deduction for donated art is based on the fair market value of the property. This refers to the price the artwork could reasonably be expected to sell for on the open market. To qualify for the deduction, note that the value of an art donation may be limited to between 20 percent and 60 percent of the taxpayer’s adjusted gross income, based on the type of organization and whether the deduction must be reduced.

For the donation to qualify for a deduction at the full fair market value, the artwork must be used by the charitable organization in a way that relates back to its charitable purpose. For example, art is donated to an art museum or school. Otherwise, the deduction is limited to the amount of capital gain realized had you sold the property instead of giving it to a charity.

Requisite Tax Documentation

The IRS requires the following records to claim a charitable art donation deduction:

  • Name and address of qualified receiving charitable organization
  • Date and location of the donation
  • Detailed description of the artwork

The following details require additional documentation based on the value of the art donation:

  • $250 or more requires a documented acknowledgment from the recipient
  • $500 or more must file Form 8283 with a tax return, and records must be retained documenting how and when you obtained the artwork as well as its cost basis
  • $5,000 or more, the donor must obtain a documented qualified appraisal no more than 60 days before the contribution date
  • $20,000 or more must include the signed appraisal with your tax return
  • $50,000 or more, request that the IRS appraise the artwork and issue a Statement of Value to substantiate the value

Fractional Gift/Deduction

It is possible to make fractional deductions for an art donation as long as the artwork is wholly owned by the donor or shared between the donor and the charity. Furthermore, fractional donations must be completed within 10 years of the initial fractional gift or the donor’s date of death.

Artist Donation

The art tax deduction is more beneficial to collectors than artists. If an artist decides to donate a piece to a charity, he can deduct only the cost of the materials used to create the art – assuming he hasn’t already claimed them as a business deduction.

IRS Caution

Recently, the IRS has published warnings about art tax deduction schemes being promoted by fraudsters. It starts with a promotion encouraging (usually high net) taxpayers to buy art at a “discounted” price. The entity or person will offer various accompanying services, such as appraisal, storage, and shipping. The promoter may then help the taxpayer donate the artwork to one or more specific charities in order to claim a higher deduction than the purchase price.

The scheme generally involves waiting a least a year before donating in order to claim the deduction at an inflated fair market value. Some promoters work with taxpayers to donate art on a rotating basis every year in order to continue receiving the artificially inflated deduction. The following are some red flags from the IRS that indicate an art deduction scheme.

  • Be wary of buying multiple works by the same artist, especially when the art appears to have little to no market value beyond what the promoter is advertising.
  • Be wary of an appraisal that does not adequately describe the art in terms of rarity, age, quality, condition, the stature of the artist, the price paid, and the quantity purchased.
  • Remember that taxpayers are ultimately responsible for the accuracy of information reported on their tax returns. Avoiding taxes by participating in an overvalued art scheme could lead to back-tax payments, additional penalties and interest, additional fines, and even imprisonment.

Another option is to simply sell the art and donate the proceeds to a charity. The donor may owe capital gains taxes on the sale, but it’s possible that the charitable donation deduction will offset this expense.

As with all complex tax deductions, it’s a good idea to consult with a tax professional or legal advisor when donating artwork. This can help ensure that both the taxpayer and the charity are able to maximize the potential benefits of the donation.