Roth IRA Conversions in 2010

Virtually anyone can take advantage of this tax law loophole. 2010 will be an extraordinary year for tax law, a tax year so potentially advantageous that we may never see its like again. One probable 2010 phenomenon: a wave of high-income and high net worth individuals converting traditional IRAs to Roth IRAs. Here’s why 2010 represents a great year to make that move.Income limits: gone. Today, you have to pass an income test before you can convert a traditional IRA to a Roth. If your modified adjusted gross income (MAGI) is more than $100,000, you can’t do it. This limit has long frustrated high-income taxpayers.In 2010, it’s a whole different story – there is NO income test.

Anyone with any MAGI can make the conversion.While you still can’t contribute to a Roth IRA if your 2007 MAGI exceeds $166,000 (joint filers) or $114,000 (most single filers), it is the conversion that is important.Potential advantages: considerable. Many high-salaried people have rolled old 401(k) assets from old jobs into traditional IRAs. In 2010, they can convert them to Roths, which will mean:· Tax-free growth of these assets· Tax-free withdrawals of these assets someday (assuming they are 59½ or older and the Roth IRA is more than 5 years old)· No minimum distribution requirements once you turn 70½· An eventual reduction in their taxable estateTaxes: deferred. Of course, you will pay taxes on a Roth IRA conversion. But if you do this in 2010, you don’t have to pay them right away. Unless you elect otherwise, the taxes on the conversion will be spread out over the 2011 and 2012 tax years. In effect, this gives taxpayers the ability to delay full payment of any tax due until 2013.The non-deductible IRA option. Some high-income earners have opened non-deductible traditional IRAs with the intent of converting them to Roths in 2010.While a traditional IRA has no contribution phase-outs due to income, high-income taxpayers can’t deduct their IRA contributions like the middle class can. For tax year 2007, for example, the deduction phase-outs (this is MAGI) start at $83,000 for joint filers and $52,000 for single filers and heads of households.If you don’t qualify to make a deductible IRA contribution or a Roth contribution, the non-deductible IRA lets you make a permissible “end run” to build some assets that can “go Roth” in the near future.

If the tax law changes taking effect in 2010 stay in place for years to come, you will be able to open a non-deductible IRA annually (as long as you keep earning income) and convert it to a Roth each year.Why would Congress give IRA holders a break like this? The simple answer: quick revenue for the federal government. In 2010, a LOT of cash will be pumped into the Roth IRA program, and that will result in a LOT of taxes as a result of the conversions (a short-term revenue boost).Ready for 2010? Whether you do or don’t convert a traditional IRA into a Roth in 2010, you will want to know about the changes in tax law affecting IRAs and other retirement savings vehicles, and your estate and your investments. Before you make a move with your IRA, talk to a qualified financial advisor or tax professional who understands the coming rules modifications.If you have any questions or if I can help you in any way, please call me at 888-891-9709.

The Right Beneficiary

Who have you chosen to inherit your assets? It may be wise to review your choices. Here’s a simple financial question: who is the beneficiary of your IRA? How about your 401(k), life insurance policy, or annuity? You may be able to answer such a question quickly and easily. Or you may be saying, “You know … I’m not totally sure.” Whatever your answer, it is smart to periodically review your beneficiary designations.Your choices may need to change with the times. When did you open your first IRA? When did you buy your life insurance policy? Was it back in the Eighties? Are you still living in the same home and working at the same job as you did back then? Have your priorities changed a bit – perhaps more than a bit?

While your beneficiary choices may seem obvious and rock-solid when you initially make them, time has a way of altering things. In a stretch of five or ten years, some major changes can occur in your life – and they may warrant changes in your beneficiary decisions. In fact, you might want to review them annually. Here’s why: companies frequently change custodians when it comes to retirement plans and insurance policies. When a new custodian comes on board, a beneficiary designation can get lost in the paper shuffle. (It has happened.) If you don’t have a designated beneficiary on your 401(k), the assets may go to the “default” beneficiary when you pass away, which might throw a wrench into your estate planning. How your choices affect your loved ones. The beneficiary of your IRA, annuity, 401(k) or life insurance policy may be your spouse, your child, maybe another loved one or maybe even an institution. Naming a beneficiary helps to keep these assets out of probate when you pass away. Many people do not realize that beneficiary designations take priority over bequests made in a will or living trust. For example, if you long ago named a son or daughter who is now estranged from you as the beneficiary of your life insurance policy, he or she will receive the death benefit when you die, regardless of what your will states. You may have even chosen the “smartest financial mind” in your family as your beneficiary, thinking that he or she has the knowledge to carry out your financial wishes in the event of your death. But what if this person passes away before you do? What if you change your mind about the way you want your assets distributed, and are unable to communicate your intentions in time? And what if he or she inherits tax problems as a result of receiving your assets?

How your choices affect your estate. Virtually any inheritance carries a tax consequence. (Of course, through careful estate planning, you can try to defer or even eliminate that consequence.) If you are simply naming your spouse as your beneficiary, the tax consequences are less thorny. Assets you inherit from your spouse aren’t subject to estate tax, as long as you are a U.S. citizen. For example, a spouse can roll assets inherited from a 401(k) plan into an IRA without incurring taxes on the wealth transfer.

When the beneficiary isn’t your spouse, things get a little more complicated … for your estate, and for your beneficiary’s estate. If you name, for example, your son or your sister as the beneficiary of your retirement plan assets, the amount of those assets will be included in the value of your taxable estate. (This might mean a higher estate tax bill for your heirs.) And the problem will persist: when your non-spouse beneficiary inherits those retirement plan assets, those assets become part of his or her taxable estate, and his or her heirs might face higher estate taxes. Your non-spouse heir might also have to take required income distributions from that retirement plan someday, and pay the required taxes on that income. As a result of the Pension Protection Act, surviving spouses from same-sex couples may be allowed by employers to convert inherited retirement plan assets into inherited, traditional or Roth IRAs, avoiding taxes until those assets are withdrawn. This requires a direct transfer, not a rollover distribution. Before the end of 2008, Congress may vote to make this option mandatory.If you designate a charity or other 501(c)(3) non-profit organization as a beneficiary, the assets involved can pass to the charity without being taxed, and your estate can qualify for a charitable deduction.

Are your beneficiary designations up to date? Don’t assume. Don’t guess. Make sure your assets are set to transfer to the people or institutions you prefer. If you have any questions about your situation, please give me a call at 888-891-9709 or drop me an email at judy@stewart-financial.com

TD Ameritrade Update

Important Information Regarding TD AMERITRADE's Financial Strength and Stability

We recognize that the current economic environment continues to be a source of concern for you and your clients. Many of you have questions about recent events, along with concerns about ongoing market volatility and what it means for both your investments and your clients'.
If you'd like to gain a better understanding of TD AMERITRADE's financial strength and stability in light of the industry-wide issues of subprime market risk and liquidity, please read below.

Does TD AMERITRADE have liquidity issues?

TD AMERITRADE's capital structure and liquidity are strong and stable. TD AMERITRADE has no exposure to the U.S. housing market and the associated complex financial structures that are at the root of the current liquidity crisis. The collateral backing our liquidity is in cash or U.S. securities, which are available and marked-to-market daily, and not housing-related securities.
The credit and liquidity issues currently impacting other firms have not impacted our liquidity structure, which we monitor daily.

In addition TD AMERITRADE does not take proprietary risk on its balance sheet. Our clear, transparent business model and commitment to conservative fiscal management have helped us avoid the recent troubles other firms have experienced from investment risks.

Does the recent buy out of Bear Stearns by JP Morgan affect TD AMERITRADE?

It does not affect the firm financially or otherwise. Our capital structure and liquidity are strong and stable.

Does TD AMERITRADE invest in or have exposure to risks in the subprime market?

TD AMERITRADE does not own securities in the subprime and Structured Investment Vehicles (SIV) markets.

In addition, we keep our own assets separated from our clients' assets. This means your investments and those of your clients with TD AMERITRADE are not exposed to any hypothetical risks associated with our firm's investments.

Please note, however, that every investment has risk and TD AMERITRADE can't offer an opinion as to whether the investments made in self-directed accounts are exposed to additional risk as a result of the current market climate.

Are the money market funds available through TD AMERITRADE safe?
If the available cash in your TD AMERITRADE account or your clients' accounts is invested into money market funds, the money is invested in either the TD Asset Management USA funds or The Reserve funds.

Both of these investment companies have provided statements regarding their respective funds' exposure to the subprime market, SIVs and asset-backed conduits that focus on the subprime asset class.

Please see the statement from TD Asset Management USA and/or see the statement from The Reserve.

If available cash in a TD AMERITRADE account is invested in a Money Market Deposit Account (MMDA) when it isn't currently invested in securities, that money is held at TD Bank USA and is FDIC insured. In addition, please note that TD Bank USA does not invest in the subprime and SIV markets.

Before investing in any mutual fund, be sure to carefully consider the security's investment objectives, risks, charges, and expenses. For a prospectus containing this and other important information, contact the investment company or TD AMERITRADE. Please read the prospectus carefully before investing.An investment in a money market fund is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the fund seeks to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the fund.

What protection does TD AMERITRADE provide to client accounts?
TD AMERITRADE is a member of the Securities Investor Protection Corporation. SIPC protects securities customers of its members up to $500,000 (including $100,000 for claims for cash). An explanatory brochure is available on request, or at www.sipc.org. The SIPC phone number is (202) 371-8300.

In addition, TD AMERITRADE carries "excess SIPC" insurance through London insurers. Customers are protected up to an additional $149.5 million per customer (including $900,000 in cash) up to an aggregate of $250 million.

Using Your Brain

Dispelling the Myth about Your Brain and Recall

The brain is an organ and, as such, it requires oxygen and exercise. Feed your mind, and you'll feel emotionally and physically invigorated. It's critical to focus on keeping your brain in shape.
By consistently engaging in the right activities, you can increase your memory, improve your problem-solving skills and even boost your creativity. Here are some fun ways to keep your mind active:

Grab a cue and play pool. Rack 'em up, grab a cue and contemplate on your strategy. Billiard players must focus on the immediate, blocking out distractions as they plan their next moves. Strategic planning increases mental clarity. Concentrating on the immediate helps keep your mind sharp. Additionally, this game of angles demands that players think in terms of physics, something most of us rarely do in our everyday lives.

Calm down with yoga.You might be surprised at how demanding yoga can be. Beyond the physical demands that give your entire body a workout, yoga has great calming and relaxation qualities. Yoga forces you to focus on controlling all your muscles and your breathing. Let your worries slide away and give your mind a rest from stress.

Play golf in the fresh air. Escape to the links and spend a few hours in the fresh air counting birdies, bogeys and mulligans. Golf is a social sport and a great way to network and loosen up at the same time. Golfers get mental stimulation using their decision-making skills as they plan stroke strategies. As the sport involves the control of repetitive movements, it instills mind-body discipline.

Lace up your running shoes. Lace up your jogging shoes and get moving. Even if you never plan to run a marathon, it will get both your body and mind in shape. Running will boost the levels of oxygen in your brain and flowing through your body. In turn, your body will release more endorphins, which will make you feel energized while producing a sense of pleasure and well-being.

Challenge a friend to a game.Challenge a friend to a game of chess at lunch. Invite colleagues over for an evening of cards. Besides the social aspects, such activities will keep your mind active. You'll use your memory and expand your powers of recall. You'll also test your mathematical skills and logic.

Subscribe to a daily online newsletter. Whether it's a "word of the day," "quote of the day" or "this day in history" newsletter, receiving new information each day will add data to the HD (hard drive) in your head. The mental stimulation will increase your comprehension skills.
Pick up a book.Choose from classic literature, science fiction or self-improvement books and give your brain a boost. Pick up a novel before your next business flight or vacation. On top of the cerebral benefits, the escapism that comes from reading can be refreshing. Reading helps you exercise your cognitive skills and increase your vocabulary.

Take a course.Learn something new. Sign up for a cooking class, register for karate training or enroll in a wine-tasting seminar. You'll be challenging yourself to assimilate new concepts, information and ideas, and you'll hone your retention skills through memorization.

Learn a new language.Attend classes, listen to tapes or date someone with whom you can converse in another language. Instead of watching the same TV programs you always do, take in a foreign-language movie with subtitles. Learning a new tongue keeps your brain flexible and your mind sharp, helping to reduce the slowing of the thought processes that comes with age.

Grab the controller.Believe it or not, playing certain video games really can be good for your health. The operative word here, however, is "certain": choose games that involve strategy or problem solving. Problem-solving and role-playing games will help you practice strategic planning. You'll also improve your hand-eye coordination.

Rent a classic movie.Rent Shakespearean adaptations or other language-heavy period movies and treat them as an exercise; watch them with a dictionary and thesaurus in hand and make a point of understanding all the dialogue, even if it means pausing the movie periodically. Some options include Macbeth, Othello and Hamlet.

Learn to play an instrument.Pull out your old guitar, sign up for piano lessons, or rent a trumpet or a clarinet. Trying to understand how music is made will stimulate your creativity. Reading music provides mental stimulation. Playing an instrument requires powers of recall as well as concentration to maintain tune and tempo.

Build a model.Remember how excited you were as a kid making model airplanes and ships? Re-create that by building a miniature model. Following written instructions sharpens your powers of concentration.

Do a crossword. Stick the newspaper crossword puzzle in your purse or briefcase and work on it while you're waiting for an appointment or a meeting to begin. You'll improve your cognitive skills and creative thinking, as well as your word power and vocabulary.

Engage in a debate.A lively discussion can be invigorating. As long as you avoid letting it digress into an altercation, you can have a lot of fun debating the pros and cons of an issue with a friend or colleague. You'll practice your quick-thinking skills, logic and creativity.

Use your cognitive skills, test your powers of recall, improve your memory and challenge yourself to be more creative in your thinking. You'll reap great brain-boosting benefits by keeping your mind active.

Rebate Checks

This article was written by Tedd Oyler, a Cambridge Finacial Planner in Michigan. He is a respected colleague of mine.


ECONOMIC STIMULUS
(A SKEPTIC’S VIEW)

OK, I see that I am going to receive a check from the government – maybe in May, maybe not – that is labeled a “tax rebate”. And I also see that I am expected to spend this money along with all of the rest of you in order to help the economy avert the recession that is predicted by so many of the experts.

Have I stated the undisputed facts correctly? I am not suggesting that it is factual that we are headed for a recession – just that the experts say we are.

If we can agree on the facts, then I’d like to delve into the facts behind the facts together.

If we are in a recession – or about to be in one – why? I sure do not know much about macroeconomics, but my layman’s understanding of the recent economic chatter tells me that we may have overspent ourselves into this purported recession. This was apparently accomplished because lenders made mortgage and credit card money available to us in gargantuan proportions, such that many of now owe much more than we can reasonably pay back.

A significant portion of this easy credit fueled a run-up of real estate prices (not “values” – there’s a difference between value and price) beyond levels that the market could truly support. Many of the mortgages were at 100% of the then-appraised “value”, meaning that any slippage in the market would render the mortgage upside down. The out-of-whack loan-to-value ratios, coupled with all the adjustable-rate loans and the ensuing entirely predictable increases in interest rates, have successfully created a thriving market in foreclosed properties.

In other words, over-lending and over-borrowing – in other words “over spending” – have us on the doorstep of the next recession. It is my understanding that economies go through recessions from time to time, so there is really nothing all that unusual about the predictions. What might be unusual here is the response of the geniuses we’ve elected to serve us.

This “stimulus” is really a return to us of tax money we’ve already paid in – which is actually an advance payment to us of a tax credit that will be available to us on our 2008 tax returns (to be filed a year from now), except that the President and Congress, in their profound responsiveness to economic theory, are also rebating tax dollars to folks who have not paid any in recently. I just shake my head – the Feds are in a pretty serious deficit-spending footing, so they give us back money that they will pay for by giving us a tax credit NEXT year. Meanwhile, all of this is financed by borrowing (T-Bills, savings bonds, etc) against future tax collections.

In other words, the Federal Government is borrowing from next year’s tax collection to pay us a few bucks this year, so that we’ll spend it to avoid predicted but not certain cyclical economic trending. And it is being done so as to incur interest costs of that borrowing well intro the future. Patriotism now means spend even if you don’t have it.

In still OTHER words, the President and Congress are modeling the very behavior that got us into this predicament.

Like I said, I just shake my head.

So, as a skeptic, I encourage you to stop the madness. I encourage you to not fall into the spending trap. When you get your little check this spring or summer, use it more wisely than the bankers who made bad loans and the debtors who borrowed too much and the Feds who are but pandering to your lower nature.

Here are some suggestions:
· If you have any credit card debt, pay your rebate towards that
· If you have no consumer debt, then pay the rebate towards home equity debt (not mortgage debt)
· If you have no consumer or home equity debt, then sock the rebate into a Roth IRA

If you find yourself drawn to spending the rebate on a new toy, then you are allowing yourself to be sucked into the spendthrift mindset that got us here. Just say “no”.

Scary News Stories

HOW MUCH SHOULD I CARE ABOUT ECONOMIC NEWS?

I admit it - I pay some attention to how the American economy is doing. And I even sometimes find myself experiencing emotional reactions to the news from time to time. What normal person wouldn’t? Heck, every news program and every talk show and every newspaper and newsmagazine start every edition with the most recent nerve-wracking dire economic news or prediction, don’t they?

Sub-prime mortgages – recession – Enron – Social Security funding deficit – makes you really want to turn on the radio, doesn’t it? And, despite your jangled nerves, you do in fact turn it on and you listen to the next bad thing being reported to you. And then you wonder what you should do in your own life to protect yourself against the next or most recent bad thing.

It is maybe impossible NOT to wonder. After all, you are charged with providing for your family or for retirement or for your employees. Yes, I wonder, too. When I am thinking through my emotions, which isn’t really thinking at all, I make immediate plans to get out of the stock market – or maybe I think that the market has nosedove as far as it is likely to and so I should jump more boisterously INTO the market. Neither of these reactions makes senses when one places them in proper perspective, nor do any other fear-based, knee-jerk responses.

Political fearmongers and talking heads benefit from our scaredy-cat reactions, since they are selling irrationality and WE are their market. Sellers of fear-based financial products (such as annuities and weird life insurance policies and beat-the experts investment schemes) profit handsomely from our lack of understanding of long-term economic reality.

When I find myself succumbing to the fears, I must resist. I hope you can, too.

There is a vast difference between what we really need and what the fear peddlers are telling us we need. They want us to worry about things we cannot control, things like what the greedy bankers are doing and what the Iranians are doing. I suggest that these things matter to you and me only on an infinitesimal level. Unless you plan to become a political candidate or a lobbyist, the only thing you can do about most of the macro “problems” that constitute the bulk of our spoon-fed economic “news” is become a more informed, less fearful voter and even then you are not influencing events a whole helluva lot.

Much more importantly, in our day-to-day lives, we are better off if we accept the news as (perhaps) factually true but not very important, and certainly not very important in out personal lives. When I am operating on all cylinders, I hear the latest stimulus package pabulum, for instance, and see it for what it is, which is that the political process is more interested in looking good than in doing good.

Then I work my way back to what it means to have financial peace of mind in my own life. Financial peace of mind is not made possible – or even likely – by the actions or behaviors of those external to me, by exogenous factors. My financial peace of mind is pretty much entirely up to me. This is either the bad news or the good news, depending on your mindset. If you like to blame others for your failures, then this is very bad news indeed.

What exactly can we control in our financial lives in order to assure, as much as possible, peace of mind? These possibilities boil down to how much we make, how much we save and how much we pay in taxes.

Income (from all sources) – we have more control over this that we usually think. Many of us want to blame the boss, but I do not want to hear it. If the job is bad, we can choose to go somewhere else. If the pay is bad, then we MUST. We can work better, or harder, or smarter or elsewhere – see, we have control.
Savings – whether in retirement plans or for emergencies, we have utter control over how much we save. If income is flat, we can still save more by lowering expenses or by becoming a wiser consumer. The more we save, the less we have to worry about.
Taxes – one of the quickest ways to generate savings is by lowering taxes. Income taxes are lowered by working at it, not by complaining about them. There are plenty of ways to increase savings AND lower taxes at the very same time.

If you’re not taking advantage of the opportunities you have readily available to you, then you are achieving financial discomfort rather than peace of mind, and the economic news will depress you. Remember, that we can create our own financial comfort and peace of mind.

The Rebate Checks are Coming!

February 14, 2008
President Signs Stimulus Package

On February 13, President Bush signed the long awaited stimulus package designed to put money into the pockets of many American taxpayers. Along with the rebate checks, the bill contains some business incentives.

The IRS has indicated that they will begin mailing the rebate checks in late spring and continue through the summer. The rebates are based on the information reported on the taxpayer’s 2007 return. If a return is not filed, the taxpayer will not receive a check even if they may otherwise qualify. Many of the taxpayers who fall into this category are not required to file because of low income. If a return is filed for these taxpayers, the IRS will send them a rebate check provided their qualified income is at least $3,000.

Recipients of Social Security, Railroad Retirement, and certain veterans’ benefits should report their 2007 benefits on Line 14a of Form 1040A or Line 20a of Form 1040. Taxpayers who already have filed but failed to report these benefits can file an amended return by using Form 1040X to ensure they receive their rebate.

For taxpayers who elect direct deposit for their 2007 income tax refund, their rebate check will also be deposited directly into that same bank account.

Most taxpayers will receive two notices from the IRS. The first general notice from the IRS will explain the stimulus payment program. The second notice will confirm the recipients’ eligibility, the payment amount, and the approximate timetable for the payment. Taxpayers will need to save this notice to assist them when they prepare their 2008 tax return next year.

Credit Scores and Why They are Important

Your 5-minute guide to credit scoresA better score means a better deal from landlords, lenders, insurers and other creditors. Use these dozen-plus tips to boost yours. By MSN Money staff Your credit score is likely the most important three-digit number in your life. Your score affects how much you pay for credit, and it can affect other bills you pay, where you live and where you work. Banks and credit card companies review your score when deciding whether to extend you credit and how much interest to charge. (See "What bad credit really costs you.")

A high score can lead to lower car- and home-insurance premiums, a deposit waiver from utility companies and a better service package from the cell-phone company. (See "5 people who check your credit.") Many landlords check credit scores before allowing you to sign a lease. (See "Credit checks: A civil rights issue?") Many employers -- 35% in 2003 -- are doing credit checks on prospective employees, particularly those who would deal with money. Employers need your written permission to make the check and must give you a chance to respond.

With so much at stake, it's wise to find out where you stand and take steps to raise your score if it's below 700, particularly before you apply for a mortgage or other loan. Above 760 and you're in the upper echelon. A score below 620 tells people you're not a good risk and destines you for credit denial or subprime interest rates.

What is a credit score? The three major credit-reporting agencies -- Equifax, Experian and TransUnion -- use software developed by Fair Isaac Corp. to rate your risk for assuming debt based on your credit history. The result is commonly known as a FICO score. The score is based on five factors, including payment history, the amounts you owe and the types of credit you've obtained. Personal information like income, occupation, age and marital status are not considered. The FICO score can range from 300 to 850, although very few reach that pinnacle. Each credit bureau may assign you a different score, based on the information it receives from creditors. You generally have to pay to get your credit score. You are legally entitled to one free credit report each year from each of the three credit reporting agencies. (See "How to get a free credit report.")

To watch for errors and identity theft, stagger your requests and get a report from a different bureau every four months. Go to AnnualCreditreport.com to order a free report. Make sure you access the right Web site. Impostor Web sites abound.

Want to improve your score and keep it high? Think of credit as a privilege to be used sparingly. Don't apply for lots of credit cards. A credit inquiry can deduct five points from your credit score. However, multiple checks made when you're shopping for a mortgage will count as only one. Asking for your personal report won't hurt your score. Neither will requests made by credit card companies that offer preapproved cards, or requests by prospective employers. Avoid applying for credit cards from companies that don't set a spending limit or won't report your limit to the credit bureaus. Don't cancel multiple credit cards. That can suddenly lower your available credit and can hurt your credit score. Keep old accounts open to ensure a long credit history. Limit the percentage of available credit you use to no more than 30%, even if you pay off your balance each month. Your credit report will show the amount you owed, even if you subsequently paid in full, and excessive spending will ding your score. If you don't have a credit history, start one by obtaining a secured credit card and managing it responsibly.

It pays to pay on time The No. 1 way to raise your credit score? Pay all of your obligations on time. Your payment history constitutes 35% of your credit score. That includes library fines and parking tickets. Municipalities are more aggressive about turning over delinquent accounts to collection agencies, which will drag down your score. One late payment reported to a credit bureau can drop your score by 100 points, particularly if you had a high score. Late payments can remain on your credit report for seven years. Bankruptcies appear for 10 years. Consulting a credit counseling service to manage excessive debt will not damage your credit score.

If you find an error in your credit report, ask the creditor to correct it, then notify the credit bureau by sending a certified letter and copies of documents that support your claim. If the error isn't fixed, the bureau must identify the person who investigated your claim, and you can request a second report. If the error is corrected, the bureau must send you a copy of your new report and, at your request, a copy to everyone who obtained your credit report within the previous six months. If it's not corrected, you can include a statement in your credit report. Faced with a faulty credit report when you're about to obtain a mortgage? Mortgage companies can engage a rapid rescoring service to correct errors within days. Paying a service to monitor your credit is not worth the fee, unless you've been the victim of identity theft and have reason to believe you're still at risk.

The Mortgage Forgiveness Debt Relief Act of 2007

President Bush, on December 20, 2007, in signing The Mortgage Forgiveness Debt Relief Act of 2007, stated:

"The bill I sign today will help this effort by ensuring that refinancing a mortgage does not result in a higher tax bill. Under current law, if the value of your house declines and your bank or lender forgives a portion of your mortgage, the tax code treats the amount forgiven as money that can be taxed. And of course, this makes a difficult situation even worse. When you're worried about making your payments, higher taxes are the last thing you need to worry about. So this bill will create a three-year window for homeowners to refinance their mortgage and pay no taxes on any debt forgiveness that they receive. And it's a really good piece of legislation. The provision will increase the incentive for borrowers and lenders to work together to refinance loans — and it will allow American families to secure lower mortgage payments without facing higher taxes."

Quite simply, the way the new law functions is by amending Code Section 108. A little background: Code Section 61 indicates that gross income includes all income from whatever source derived. Code Section 108 addresses income from discharge of indebtedness. This amount is taxable unless it results from a title 11 case, insolvency, or is qualified farm indebtedness. The new addition to non-taxable cancellation of indebtedness (COD) reads as follows: the indebtedness discharged is qualified principal residence indebtedness which is discharged before January 1, 2010. That's it, in a nutshell.

The basis of the principal residence is reduced by the amount excluded. Qualified principal residence indebtedness means acquisition indebtedness (under IRC 163(h)(3)(B), but substitutes $2,000,000 for the $1,000,000 cap under acquisition debt). The effective date of the act is for discharges of indebtedness on or after January 1, 2007.

The IRS website has a web section on foreclosures. If you go to www.irs.gov, and type in foreclosure in the search box, you will find the following:

Special Web Section Unveiled for Homeowners Who Lose Homes; Foreclosure Tax Relief Available to Many
IR-2007-159, Sept. 17, 2007
WASHINGTON — The Internal Revenue Service unveiled a special new section today on IRS.gov for people who have lost their homes due to foreclosure. The IRS also reassured homeowners that, although mortgage workouts and foreclosures can have tax consequences, special relief provisions can often reduce or eliminate the tax bite for financially strapped borrowers who lose their homes.

Other changes: The Mortgage Insurance Premiums that can be deducted as interest has been extended for 2008 through 2010.

Sale of residence has been modified for sales or exchanges after December 31, 2007. In the case of a sale or exchange or property by an unmarried individual whose spouse is deceased on the date of such sale, the $500,000 exclusion applies if such sale occurs not later than 2 years after the date of death of such spouse and the regular requirements for the special rules for joint returns under IRC 121 apply.

Penalties: Here is the bad news. The failure to file partnership penalties increase from $50 per partner per month, for a maximum of 5 months, up to $85 per partner, per month, for a maximum of 12 months. In other words, the penalty goes from a maximum of $250 per partner to a maximum of $1020! This is effective December 20, 2007.

For S corporations, the penalty is also the $85 per month, maximum of 12 months, with an effective date of returns required to be filed after December 20, 2007.

There are also changes made that result in an exclusion from income for benefits provided to volunteer EMS and firefighters, modification of the prohibition against full-time students from qualifying for low-income housing credit, and changes to modify tests to qualify as cooperative housing corporation.

AMT Relief

* * Congress Approves AMT Patch * *

Yesterday, the House approved the previously passed Senate version of the Tax Increase Prevention Act of 2007 (H.R. 3996). The president is expected to sign the bill. The Act provides for a one-year patch of the AMT for 2007 but does not offset the revenue cost with revenue raising provisions.

The AMT exemption amounts before phase-out for 2007 for individuals are:

- $66,250 for married individuals filing jointly and surviving spouses;
- $44,350 for unmarried individuals; and
- $33,125 for married individuals filing separately.

This is a temporary fix only. Without future Congressional action, the AMT exemption amounts for individuals in 2008 will revert to 2000 levels.

In addition, personal nonrefundable credits may offset AMT and regular tax. For tax years beginning in 2007, the combined total of the following credits is limited to the sum of: (1) regular tax liability reduced by the foreign tax credit, and (2) the AMT:

- Dependent care credit;
- Credit for the elderly and permanently and totally disabled;
- Mortgage credit;
- Child tax credit;
- Hope and Lifetime Learning credits;
- Adoption credit;
- Saver's credit;
- Nonbusiness energy property credit for energy-efficient improvements to a principal residence;
- Residential energy efficient property credit for photovoltaic, solar hot water, and fuel cell property added to a residence; and
- First-time D.C. homebuyer credit.

Again, absent future Congressional action, personal nonrefundable credits, with the exception of the child tax credit, adoption credit, and the saver's credit, can't exceed the excess of regular tax liability over tentative minimum tax in 2008.

The IRS has not commented on when they intend to begin processing tax returns. NATP has been told that the IRS will need seven weeks to program their systems to accept returns once the AMT patch is signed into law. This pushes back the start of filing season, and the IRS's readiness to accept returns, to early to mid-February. The IRS has indicated that they will post revised copies of the twelve tax forms impacted by the AMT legislation to www.irs.gov within 72 hours after the AMT patch is signed into law.