FINC320 Final Study Guide

The Retirement Cash Flow Plan    

  • The variables which influence the plan include:

    • client current age

    • client age at retirement

    • projected living expenses

    • social security benefit

    • current assets and liability

    • inflation assumptions (2~5%)

    • investment assumptions: returns and volatility

    • life expectancy assumptions

Cash Flow Planning

  • a financial planner should always remember the sensitivity of variables when evaluating a client’s retirement needs analysis

    • for example, if a client assumed an 8% rate of return over a 40-year period, the client will actually experience years with returns lower than 8% and years with returns higher than 8%

  • we will consider cash flow projections using:

    • a straight line approach

      • (assume constant rates for growth)

    • a monte carlo approach (run 1000’s of scenarios)

      • randomly sample returns each year based on an average return and volatility

Life Expectancy

  • the amount of money your client needs to accumulate in order to live comfortably depends on how many years she will be withdrawing funds from her retirement accounts (i.e., her life expectancy)

  • the life expectancy for a 30 year old women in 2018 is approximately 86,

    • that is 19 years for retirement (86-67)

    • however, that’s the average. we need to plan around our clients living longer than the average. otherwise, 50% of our clients will run out of money

    • many planners use ages 90 or 95 as life expectancy

Cash Flow Planning — Monte Carlo Approach (Simulation)

  • using software, we can take the scenario we just created and run it 1000 more times. Each time we let the variables change: investment returns and inflation

Alternatives if the probability of success is low

  • if the probability of success is less than 100%, we gain insight into how often the client would need change their plan

  • example: probability of success = 85%

    • 15% of the 1000 scenarios the client was unable to maintain their spending level through age 9-

  • options for clients with a low probability of success:

    • postpone retirement or work part-time in retirement

    • downsize their home

    • reduce discretionary spending

    • consider a lifetime annuity

*The point of the next three topic headers is to make you aware that social security may pay others based on your benefit

Eligibility for Disability Benefits

  • 6 credits in 3 previous years if disabled before age 24

  • 2 credits per year between age 21 and year of disability if disabled between ages 24 and 30

  • 20 to 40 credits, depending on age, if disabled after age 30

Benefits for Spouse

  • Spouse may receive 50% of employee’s PIA benefit at normal retirement age

  • Spouse may receive the higher of (1) the above amount. or (2) her own Social Security benefits, but not both

Benefits for Children

  • Unmarried children under the age of 18 (or under age 19 if still in high school) may also receive benefits

    • Retired or disabled parents

      • 50% of the parent’s PIA

    • Deceased parent

      • 75% of the parent’s PIA

Is a retiree taxed on their Social Security benefit?

  • Possibly! You will pay tax on your Social Security benefits if you are:

    • “Individual” and your combined income is

      • between $25,000 and $34,000, you pay tax on up to 50% of your benefits

      • more than $34,000, up to 85% of your benefits may be taxable

    • “Married filing joint” and you and your spouse have a combined income that is:

      • between $32,000 and $44,000, you pay tax on up to 50% of your benefits

      • more than $44,000, up to 85% of your benefits may be taxable

    • distributions from 401k and IRA accounts create income!

Retirement Accounts (Vehicles)

  • equivalent to the decision to buy an automobile

    • Car, OR

      • engine: built for speed

      • tires: designed for comfort

      • gas mileage: good

      • terrain: on road only

    • Truck

      • engine: built for power

      • tires: designed for durability

      • gas: poor

      • terrain: on or off road capabilities

  • both a car and truck will get you from point A to point B

  • however, the choice between using a car or truck has implications depending on the route you take

Company Retirement Plans

  • Qualified plans

    • qualify for all kinds of special benefits

    • lots of rules

    • ex: 401(k)

    • there are limits to the employee’s benefits

    • employee discrimination is prohibited

      • high salary vs low salary

    • subject to ERISA rules

    • coverage, participation, and vesting rules apply

      • coverage: cover every employee in the firm

      • participation: on the next slide

      • vesting: a period of time until matching money in retirement account becomes yours

    • employer takes deduction in current year

    • earnings on assets are tax deferred

    • employees have no income until a distribution is made

    • benefits are protected from both the employee and employer’s creditors

    • can rollover assets to an IRA

  • Non-Qualified plans

    • not as many rules

    • there are no limits to the employee’s benefits

    • employee discrimination is allowed

    • not subject to ERISA rules

    • no coverage, participation, and vesting rules

    • employer takes deduction when employee receives income

    • earnings on assets taxable to the employer

    • employee has income unless there is a risk of forfeiture (if the company gets sued, some of the money gets lost in the lawsuit)

    • benefits are subject to the employer’s creditors

    • no rollover option

  • ERISA — The Employee Retirement Income Security Act is a federal law that sets minimum standards for most retirement plans to provide protection for employees

Qualified Plans: Defined Contribution vs Defined Benefits

  • Defined-Contribution Plans (DC)

    • employer contributes a dollar amount (the contribution)

    • employees bear all the investment risk

    • individual investment accounts for each employee

    • favors young employees who have a long time horizon to accumulate savings

    • employee and employer get a deduction for contributions

    • types of DC plans include

      • profit sharing plans (most popular)

        • 401(k) plan

        • employee stock ownership plan (ESOP)

          • allows employees to buy company stock at a discount without taxes

      • money purchase plans

      • target benefit plans)

  • Defined-Benefits Plan (DB)

    • employer promise to pay a dollar amount (the benefit)

    • employer bear all the investment risk

    • one account for the employer to manage

    • favors long-term and/or highly compensated employees due to payout formula (front-load the account)

    • usually only the employer contributes and gets the deduction

    • types of DB plans include

      • pension plans (less common today)

      • cash-balance plans

401(k), 403(b), 457 Plans

  • employer contributions are deductible up to 25% of participating payroll

  • solo 401(k) plan

    • for small business that have no employees (other than a spouse)

      • cheap and easy

    • ideal client: wants employees to contribute to their retirement, wants employees to bear investment risk, want deduction for current years

Pension Plans

  • Defined benefit is determined based on the company formula. For example:

    • Benefit = Years of Service x 2% of Average Salary x 2%

  • the benefit can be increased if the employee delays retirement or decreased if the employee retires early

  • the employer funds the pension account each year based on an amount determined by an actuary

    • have to hire the actuary

    • fairly expensive to administer

  • ideal client: employer wants to bear investment risk (family business), wants to reward older/longer-term employees

Cash-Balance Plans

  • hybrid DC and DB plan

    • it is a DB plan

  • employer bears only the investment risk up to a set rate of return

    • example: guarantees 7% return on plan assets

      • not defining payout, defining rate of return

  • individual accounts are not established

    • the accounts may appear as separate accounts

Permitted Vesting Schedule

  • Employee contributions

    • always 100% vested —> if you quit, that money goes with you

  • Employer contributions

    • DC plans

      • Cliff vesting — 100% vested after 3 years, 0% prior to 3 years

        • can offer less than 3 years, but cannot offer more than 3 years

        • if you leave at any point before 3 years, you don’t take the plan with you

      • Graded vesting — 20% vesting after 2 years and vesting increases an additional 20% per year (total vesting after 6 years)

        • the “after 2 years” can be changed but must be to the employee benefit

    • DB plans

      • Cliff vesting — 100% vested after 5 years, 0% prior to 5 years

      • Graded vesting — 20% vesting after 3 years and vesting increases an additional 20% per year (total vesting after 7 years)

    • SEP and SIMPLE plans

      • 100% vested immediately

HCE = Highly Compensated Employee

Coverage Requirements

  • the DC and DB plans must pass at least one of the following three tests:

    • Percentage test — At least 70% of non-HCEs (under $155,000) covered by plan —> typically the test they try to pass

    • Ratio test — percentage of non-HCEs covered equals at least 70% of HCEs covered

      • example: if the plan covers 90% of HCEs, it must cover 63% of non-HCEs

    • Average benefits test — Average benefit of non-HCEs equals at least 70% of the average benefit of HCEs

Other Tax Advantaged Retirement Accounts

  • Not tied to a company

    • Traditional IRA

    • Roth IRA

      • including conversion analysis

  • Tied to a company

    • Small business (less than 100 employees)

      • SEP

      • SIMPLE

    • Non-profit organizations

      • Section 403(b) plans

    • Government

      • Section 457 plans

    • Self-employed

      • Keogh (HR-10) plans

IRA, 401k, and 403b Timeline

  • Contributions are tax deductible

  • Withdrawals are allowed at 59 ½ (penalties if taken out early)

  • Withdrawal required

    • Age 70 if born before 1949

    • Age 72 if born between 1/1/1949-12/31/1950

    • Age 73 if born between 1/1/1951-12/31/1959

    • Age 75 if born after 1/1/1960

  • Withdrawals are taxed as income

    • the government wants their taxes

    • about 4% of the account needs to be withdrawn each year

Roth IRA, Roth 401k, and Roth 403b Timeline

  • Contributions are after-tax dollars

  • Withdrawals are allowed at 59 ½

  • No required distributions

    • due to after-tax contributions

  • Withdrawals are tax free

Roth IRA Conversions

  • Traditional IRA’s can be converted into ROTH IRA’s

  • The value of the Traditional IRA will be considered taxable income in the year of the conversion

  • The taxpayers are better off with this strategy if they have enough cash in their taxable savings accounts to afford the tax bill associated with a Roth Conversion

Roth IRA Conversion

  • Step 1: Forecast your future tax bill

  • Step 2: Identify years with low tax liability

  • Step 3: Test for optimum amount to convert with breaching higher tax brackets

  • Use a software such as eMoney is required

Backdoor Roth

  • (when your income doesn’t allow you to contribute to a Roth IRA)

  • have to be careful with these

  • 1 — Contribute to a traditional IRA. Assuming you are not allowed a tax deduction because your income is too high. For high income individuals, contributions are made on an after-tax basis

  • 2 — Immediately convert your after-tax IRA contribution into a Roth IRA (after-tax)

  • What are the tax implications?

    • There is no tax bill as long as there is no pre-tax money in the IRA

      • matters when you have a mix of pre and after-tax

  • There may be taxes if the traditional IRA consists of money contributed on a pre-tax basis. If there is pre-tax money already in the IRA, this will trigger the pro-rata rule. This rule says that if you have amounts in a traditional IRA that consist of money contributed on a pre-tax basis, the amount converted is taxed based on the ratio of after-tax contributions to pre-tax contributions and earnings in total across all traditional IRA accounts you may hold

  • Ex: you have an IRA that has $1000 of pre-tax dollars in it. If you contribute $500 of after-tax dollars and then convert the $5000 from the IRA into the Roth, it will be a taxable transaction under the pro-rata rule

    • Pro-rata 33.3% (500/1500) of the $500 will be tax free. 66.6% will be taxable

      • After-tax contributions / total contributions

SEP IRA and SIMPLE IRA Plans

  • Employer sponsored IRA

  • Used by small businesses (less than 100 employees)

  • Cheap and easy to administer (i.e. not customizable)

Keogh Plans

  • DC or DB plans for self-employed individuals

403(b) Plans

  • Similar to a 401(k) but only available to tax-exempt institutions

  • Non-profit institutions who are 501( c)(3): schools, churches, healthcare, etc.

Premature Distributions Penalties

  • In addition to the regular income tax on the distribution, there is a

    • 10% tax on distributions from qualified plans, 403(b) plans, IRAs or SEPs prior to age 59 ½

    • 25% tax on distributions from SIMPLE IRAs during the first two years

      • 10% penalty applies to SIMPLE 401(k) plans

Election of Distribution Options

  • Lump sum distributions

  • Annuity options

  • Most common

    • Rollover

    • Direct transfer

Rollover

  • a rollover occurs when an employee physically receives the distribution and then deposits the amount in a rollover IRA, another qualified plan or another SIMPLE

  • rollovers are tax-free if made within 60 days of distribution

    • subject to 20% federal withholding

    • must roll over entire amount

      • including 20% withheld to make total rollover

    • only one rollover per year allowed

Direct Transfer

  • try to do this if possible

  • the direct rollover or transfer is accomplished by the trustee making payment directly to another qualified plan or rollover IRA

    • the taxpayer does not receive the cash

    • not subject to a 20% federal withholding

Employee Stock Purchase Plan

  • Description

    • Employer allows employee to buy employer’s stock at 85% of FMV (buy company stock at a 15% discount)

      • can also grant the option to buy at 85% of FMV at exercise

  • Features

    • No taxes are owed until sale of the stock

Net Unrealized Appreciation (NUA)

  • If a lump-sum distribution includes employer securities. the net unrealized appreciation in the value of the securities i not taxed to the employee at the time of the distribution

    • this amount of appreciation will be taxed to the employee when the employer securities are sold

      • at long-term capital gain tax rates

    • any additional appreciation will be taxed as short-term or long-term capital gains, depending on the holding period

  • employee can elect to have the net unrealized appreciation included in income at the time the distribution is made

NUA Example

  • How much income taxes does Beth owe on a lump-sum distribution of employer securities?

    • The market value of the employer securities is $300,000

    • The cost basis is $100,000

    • Her marginal tax rate is 33%

  • If she distributes the stock “in-king” (don’t sell move the shares) out of the 401k and into a brokerage account

    • $100,000 (cost basis) taxed as income at 33%

      • $33,000 tax bill

    • $200,000 taxed as capital gains when sold

      • 15% x $200,000 = $30,000 tax bill

    • Total tax = $63,000

  • If she sell the stock inside the 401k and distributes the cash

    • $300,000 taxed as income at 33%

    • Total tax = $99,000

  • NUA tax savings:

    • $99,000 - $63,000 = $36,000

Employee Retirement Income Security Act ERISA

  • Sets forth guidelines for the operation of both qualified and non-qualified employee benefit plans involving retirement income

  • created pension benefit guaranty corporation

    • receive premiums for employers to assure that defined-benefit plans which cannot pay the promised benefit will have a government fund to pay some benefit to retirees who might otherwise be left without a benefit

Fiduciary Liability Issues

  • ERISA fiduciary requirements

    • act “solely in the interest of the participants and beneficiaries”

    • act under the “prudent man standard”

    • diversify plan assets to minimize risk

    • act in accordance with the plan documents

  • if you’re advising on retirement accounts ERISA deems you as a fiduciary

IRAs: Contribution Limit

  • Generally

    • $7,000 ($8,000 for age 50 and over for 2024)

    • Contributions must be made by the due date of the individual’s income tax return (without extensions). Usually, April 15th of the following tax year

      • have until April 15th to remove excess contributions

    • Excess contributions: Subject to a 6% excise tax for each year that the excess contribution remains in the account

      • Avoid the excise tax by withdrawing the excess contribution and the attributable earnings before April 15th of the following tax year

  • Are IRA and Roth IRA contributions allowed beyond age 70 ½ ?

    • Contributions can be made to traditional IRAs beyond age 70 ½ if working

    • must have earned income

Note that there is no minimum age limit, although there is a requirement for earned income

Nondeductible IRA Contributions

  • Tax-deferred growth

  • Creates after-tax basis in IRA

    • Distributions will be partially return of capital and partially earnings

  • File Form 8606 with Form 1040 to track the adjusted taxable basis of an IRA

    • Because it is likely to appear on the exam: being an active participant within or above the phaseout range only limits your ability to deduct it; it does not prevent you from contributing to IRA (as long as you have earned income)

Backdoor Roth IRA:

  • Taxpayers can convert any IRA fund to a Roth IRA. The concept of the Backdoor Roth is to contribute nondeductible amounts to a traditional IRA and then convert to a Roth IRA without increasing taxable income. However, the conversion is taxed pro rata based on all of your traditional IRA accounts, so if you have large balances from deductible contributions, you may still pay a significant amount of taxes. More to come!

Roth IRAs

  • Created by the Taxpayer Relief Act of 1997

    • Senator Roth was a Delaware Senator

  • Nondeductible contributions

  • Distributions are income tax-free

  • Not subject to require minimum distribution rules during the life of the account owner

  • Share contribution limits with traditional IRA

    • (you can’t do $7,000 IRA and $7,000 Roth)

  • Eligibility based on AGI

Backdoor Roth

  • No income on backdoor Roth, unless taxpayer has pre-tax funds in their IRAs. If so, then basis must be prorated over all IRA balances

  • Permits taxpayers who have income in excess of annual contribution limits to fund Roth IRAs

Qualified Distributions from Roth IRAs

  • Income tax-free and avoids the 10% early withdrawal penalty

  • must satisfy both tests

    • 1. the distribution is made after a five taxable year period, and

    • 2. the distribution is on account of the owner attaining age 59 ½ , the owner’s death, disability, or first-time home purchase (maximum $10,000)

Nonqualified Distributions from Roth IRAs

  • If

    • The distribution is made before five years, or

    • The distribution is before attaining age 59 ½ , the owner’s death, disability, or first-time home purchase

Distributions/Conversions from Traditional IRAs

  • Taxed as ordinary income

    • Except: distributions/conversions of after-tax basis. Requires a ratio (pro-rata) for the after-tax basis (ATB)

      • After-tax Basis / Market Value of IRA

Comparing Roth IRAs To Traditional IRAs

  • Roth IRAs are not subject to required minimum distribution rules, unlike traditional IRAs

  • Inherited traditional and Roth IRAs have unique rules

    • If the deceased passed away prior to 2020, the beneficary must take a small required distribution every year for the rest of their life

      • Distribution amount is based on life expectancy

    • If the deceased passed away after 1/1/2020, the beneficiary must take a small required distribution every year and fully distribute the account by year 10

      • have 10 years to get all the money out of the account

IRA Investment Options

  • Permitted

    • Cash

    • Stock

    • Bonds

    • Options (often limited by custodians)

    • US gold, silver, and platinum coins

  • Not Permitted

    • Life insurance

    • Collectibles

    • Other coins

Rollovers From Qualified Plans to IRAs

  • Loans not permitted from IRA’s but permitted from qualified Plans (401K’s)

  • May be rolled back to a qualified plan (if permitted by plan)

  • Lose ERISA protection

    • However, will have protection under federal bankruptcy law

    • once it goes into IRA its protected by Federal Bankruptcy

Estate Planning

Goals and Objectives

  • fulfill client’s property transfer wishes

  • minimize transfer taxes

  • minimize transfer costs

  • maximize net assets left to heirs

  • provide for guardianship of children or other dependents

  • provide needed liquidity at death

  • fulfill client’s healthcare decisions

Gathering Client Information and Defining Transfer Objectives

  • Information about prospectives heirs and legatees needs to be collected to properly arrange for any transfer that the cloent wants to make

    • 1. Transfer property as desired and minimize estate and transfer taxes to minimize the assets received by heirs

    • 2. Avoid the probate process

    • 3. Use lifetime transfers — gifts

    • 4. Meet liquidity needs at death

    • 5. Plan for children

    • 6. Plan for the incapacity of the transferor

    • Provide for the needs of the transferor’s surviving spouse

    • Fulfill the transferor’s charitable intentions

Basic Documents Included in an Estate Plan

  • Basic documents are

    • WIlls

    • Powers of attorney for health care

    • Living wills or advance medical directives

    • Do not resuscitate orders

Wills

  • A legal document that gives the testator (will-maker) the opportunity to control the distribution of his/her property at death, and thus avoid his state’s intestacy laws

  • May be amended or revoked by the testator at any time prior to their death, provided that the testator is competent

Directives Regarding Health Care

  • Durable Power of Attorney for Health Care

  • Living Will/Advance Medical Directive

  • Do Not Resuscitate Order (DNR)

Sole Ownership

  • Complete ownership of property by one individual who possesses all ownership rights associated with the property

  • Number of owners: 1

  • Right to transfer: freely

  • Automatic survivorship feature: No, transfers at death via will or intestacy laws

  • Included in the Gross Estate: Yes, 100%

  • Included in the Probate Estate: Yes, 100%

Tenancy in Common (TIC)

  • An interest in property held by two or more related or unrelated persons

  • Number of owners: 2 or more

  • Right to transfer: Freely without consent of other co-tenants

  • Automatic Survivorship feature: No, transfers at death via will or intestacy laws

  • Included in the Gross Estate: Usually, the FMV of ownership percentage

  • Included in the Probate Estate: Yes, FMV of interest

Joint Tenancy with Rights of Survivorship

  • An interest in property held by two or more related or unrelated persons called joint tenants

  • Number of owners: 2 or more

  • Right to transfer: Freely without the consent of other co-tenants

  • Automatic Survivorship Feature: Yes, transfers at death to other owners

  • Included in the Gross Estate: Yes, FMV times the % contributed

  • Included in the Probate Estate: No

Probate Process

  • The legal process through which the decedent’s assets that are not automatically transferred to their heirs by contract or law are retitled in the name of the heirs

  • Probate can be avoided through

    • Trusts

    • Beneficiary designations

    • Jointly owned asset JTWROS only

    • POD/TOD Designations

      • POD: payable on death

      • TOD: transfer on death

Probate

  • advantages

    • implements disposition objectives of testator

    • provides for an orderly administration of assets

    • provides clean title to heirs or legatees

    • increases the chance that parties of interest have notice of proceedings and, therefore, a right to be heard

    • protects creditors by ensuring that debts of the decedent are paid

  • disadvantages

    • can be complex and excruciatingly slow (delays)

    • can result in substantial monetary costs (costs)

    • the process is open to public scrutiny (public)

Basis — Step-up When Inherited vs Follows Gifts

  • cost basis steps up to fair value at death

  • cost basis follows gifts

  • inheritance example: mom paid $5,000 for stock in 1980. Child inherits the stock in 2022 when it is worth $30,000. The child’s basis becomes $30,000.

    • step-up in basis (no capital gains tax)

  • gift example: if instead, mom gifted the stock to the child, the child’s basis would be $5,000

    • basis goes to the kid, if they sell it, they pay capital gains

Estate Tax

  • applicable credit = $13.61 million per person

  • there is a gift tax that is unified with the estate tax credit

    • one or the other or a combination of the two

  • sunset provision 2025

    • expires (just got recodified this year to 15 million and sunsets in 2028)

    • $15 million is not based on inflation based on political party in office

Estate Tax Calculation

  • Gross Estate

  • Less: Funeral Expenses, Estate Administrative Expenses, Debts, Taxes

  • Equals: Adjusted Gross Estate

  • Adjusted Gross Estate

  • Less: State Death Taxes, Marital and Charitable Deductions (unlimited, will never be taxed)

  • Equals: Taxable Estate

Gifts

  • annual exclusion gifts: De minimus $18,000 per person annually

  • can “gift split” if married (double the gift to each beneficiary)

  • annual exclusion qualifications

    • 1. present interest

    • 2. outright gift

  • not eligible if future interest: beneficiary has a delayed right to use gift

  • general rule: gift by decedent during their life is not included in their gross estate at death

  • exception: if made within 3 years of death gift is included if it is (a) life insurance, (b) retained interest, or ( c) gift taxes paid

Why Use a Trust

  • professional management by trustees

  • minimize and defer taxation (irrevocable only)

  • creditor protection

  • prevent asset waste (spendthrift)

  • split equitable interest between multiple generations

  • charitable purposes

  • own tax entity with its own social security number

  • rules control the money even after death

Trust Property

  • trusts provide for the management of assets and flexibility in the operation of the estate plan

  • grantor/trustor/creator/settlor transfers property into the trust and retitles the ownership to the trust

    • the property is no longer in their name

  • the trustee is the manager of the trust account and makes investment decisions

  • the income beneficiaries are for life or for a term

  • remainder beneficiaries are who receive the residual

Simple Trust

  • must distribute all income annually

    • if a trust does not do this it is complex by default

  • no principal distributions

  • no charitable deductions

  • trust income is taxed to the beneficiary (K1)

    • beneficiary is responsible for taxes

  • no accumulated income

Complex Trusts

  • all trusts that are not simple

  • trust income can be accumulated

  • if distributed, trust income is taxed to beneficiary

Revocable Trusts

  • all revocable trusts are grantor trusts

  • grantor pay income tax on the trust

  • grantor can amend or revoke at any time

  • will substitute

  • not a tax planning trust

  • irrevocable upon death of grantor

    • no one can change terms after death

  • advantages: control retained, grantor can continue to manage assets, can continue pos-mortem, avoids probate

  • disadvantages: attorneys fees, cost of transferring assets, risk of probate if assets are not transferred

Irrevocable Trusts

  • grantor relinquishes control over trust property and management and retains little to no rights to change trust

  • used for high level sophisticated tax planning (gift, income, and estate tax planning)

  • not included in estate

Gift Tax Exposure for Trusts

  • when assets are transferred by grantor it is typically via gift transfer

  • revocable trusts and grantor trusts: no gift tax because the gift is not completed

    • the grantor can take it back

  • irrevocable trust: if gift is in excess of unified exemptions gift tax may be due because gift is completed

    • the grantor cannot take it back

Estate Tax Rules for Transfers to Trusts

  • assets transferred to revocable trust are includable in grantor’s gross estate

  • assets transferred to irrevocable trust are not unless grantor has a retained interest or other sufficient level of control

  • life insurance transferred into a trust within 3 years of the grantor’s death is includable in the estate

Traditional Finance

  • AKA: Modern Portfolio Theory

    • Four assumptions

      • investors are rational

      • markets are efficient

      • the mean-variance optimal portfolio is superior

      • returns are determined by risk (beta)

Behavioral Finance

  • does not fully reject traditional finance

    • four assumptions

      • investors are normal

        • sometimes don’t make the most rational decision

      • markets are not efficient

      • the behavioral portfolio theory is superior

        • doesn’t mean its right for everyone

      • risk alone does not determine returns

        • beta does not explain everything

What makes investors normal instead of rational: cognitive biases, errors, and being human

Open and Closed Questions

  • open question

    • one that will result in a person answering with a lengthy respone

      • used to help the client discover and express what is truly important to them

      • example 1: What is most important to you for us to discuss today?

      • example 2: When you leave here today, how will we know that the meeting has been successful?

  • closed question

    • seeks a response that is very specific and commonly involves an answer that can be accomplished with a single word or two

      • example 1: do you want to discuss investments today?

      • example 2: is todays goal to develop a plan?

Developing a Relationship of Trust with the Client

  • joining

    • making a connection with the client and establishing a trusting relationship

  • communication skills

    • reflective listening

    • open-ended questions

    • mirroring: occurs when the planner synchronizes his or her verbal and nonverbal behavior, including body language, gestures, breathing (fast or slow, deep or shallow), and language and voice quality, with those of the client

      • match the person that you’re talking to

  • speed of trust

Patterns of Cognitive Biases

  • Anchoring

    • attaching, or anchoring, one’s thought to a reference point even though there may be no logical relevance or is not pertinent to the issue in question. Ex: a stock price drops and your client anchors onto the stock price high from 2 years ago, leading them to believe they should buy the stock

  • Confirmation bias

    • only get feedback accepting your research

    • we tend to find and focus on information that supports our narrative. Ex: you like Apple products and decide to research the stock as an investment. chances are that you will read the positive research articles in depth and only skim the negative research

  • Herding

    • people tend to follow the masses, or the “herd.” Jumping on the bandwagon

  • Gambler’s Fallacy

    • people mis-use probabilities and lead to faulty predictions

    • ex: most people believe that if you flip a coin 100 times and it lands on heads each time, there is high probability of tails on the next flip. While this seems logical, it is inaccurate. Every flip is independent of the prior flip so the probability remain 50/50

  • Hindsight bias

  • Overconfidence

    • setting higher win rates than reality

  • Prospect Theory

    • people value equal gains and losses differently

    • ex: the USA is preparing for the next outbreak which is expected to kill 600 people. Which of the following programs would you vote for?

      • Program A: 200 people are saved (gain)

      • Program B: 1/3 probability that 600 people are saved and 2/3 probability that no one is saved

    • 72% picked A. When one of the choices shows gains, investors avoid risk

    • Reframed:

      • Program A: 400 people will die (loss)

      • Program B: 1/3 probability that nobody will die and 2/3 probability that 600 people will die

    • 78% picked B. When one of the choices shows losses, investors seek risk

When it comes to investing, the future is more certain than the present. This is contrary to everything else in your life.

  • over short periods of time, there’s no way to tell

  • over long periods of time, it is almost a certain win

Fee Structures

  • commissions (brokers and insurance)

    • dying structure

  • fee-only (investment based

    • flat fee per year: ex $8,000 per year (billed quarterly with deposit)

      • not very popular

    • flat fee per hour: ex $400/hour

      • not very popular

    • fee-based on % of assets under management (AUM): ex 1% of AUM

      • most common

      • $1,000,000 account, Fee = 1% x 1,000,000 = $10,000

  • margins are higher on commission than on fee-only

Compensation for New Hires

  • fully entrepreneurial

    • commission/fees only

    • small salary + commission

      • ex: $20k salary that gradually reduces to $0 over 3 years

  • employee

    • salary + bonus (performance based on quality of work)

    • salary + bonus (performance based on new client acquisition)