How to Increase Your Income, Lower Your Taxes and Help Your Favorite C

Given the fact that most seniors are interested in a secure income, reducing risk and lowering taxes, here is a planning technique to consider if you are trying to increase your income.

Maybe you have a CD that is coming up for renewal and you discover the rate is going to be lower. You could have some stocks or mutual funds that were invested for growth and are thinking about selling some off and re-investing in something that would pay you an income. The only reason you haven't sold them is that you don't want to pay the capital gain.

I would suggest including a charitable gift annuity in your list of options.

A charitable gift annuity is a combination of a gift to charity and an annuity. For older people, annuity rates may be 8%, 9% or even higher. Since part of the annuity payment is a tax free return of principal, the gift annuity may provide you with a substantial income. The combination of partially tax free income and the initial charitable deduction makes this planning device attractive.

While this arrangement has its own unique benefits, the rate of return is less than if you had bought a commercial immediate annuity. Therefore, your decision to use a gift annuity should include a desire to eventually leave money to a qualified charitable organization that you have an interest in, such as a church, school, hospital, etc.

Gift annuities are easy to set up. You simply transfer property to the charity and the charity promises to pay a given amount monthly, quarterly, semi-annually or annually to you for as long as you live. Alternatively, you could elect to have the payments paid to you and another person for as long as you both live. Or you could elect to have the payments made to you for the rest of your life and then to the second person for the rest of their life. But the maximum number of people per gift annuity is two.

Gift annuity rates are set by the American Council on Gift Annuities. Charities don't have to use these rates, but most do. So you don't have to out shopping for the best rate. Make your choice based on the charity that you would like to support.

There are two tax issues that you should take into consideration when comparing a gift annuity to your other alternatives.

The first is that if you fund the gift annuity with cash, part of the payment you receive is taxed (as ordinary income) and part of it is not taxed as it is treated as a return of principal. If you fund it with appreciated property, and are the recipient of the income, part will be taxed as capital gain, part as ordinary income and part could be treated as a return of principal and not taxed. However, if you live past your life expectancy, all later annuity payments will be ordinary income.

The second tax issue is that when you give the charity your asset in exchange for a life income, you get a large income tax deduction. For most people, this income tax deduction is so big it cannot be taken in one year. So there are provisions to spread the deduction out over the year of your donation and five more. Your accountant can tell you if this will eliminate income taxes for the next 6 years or not. Chances are good that it will.

Please note that I am only giving general guidelines about taxation. Before you set up a gift annuity, you should sit down with your tax advisor to determine the exact tax ramifications for your situation.

There are a number of charitable gift annuity options and applications. This brief overview has given you some of the basics. If this seems like it may fit, contact the charitable organization of your choice and get a proposal. Then sit down with your accountant and financial planner and have them help you compare a gift annuity with your other options.

Author Bio
Robert D. Cavanaugh, CLU is a 36 year financial and estate planning veteran and author of the free newsletter, "The Estate Preservation Advisor". To subscribe and get a free video of one little known planning concept, go to
theestatepreservationadvisor.com/freevideo.htm

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It's a Taxing Time of Year

Yes, that's right, it's that time of year nobody loves - tax time! No, this is not too early to think about it, especially if you have money coming to you.

All right, so it's not fun to think about doing your taxes. But there is a distinct advantage to getting an early start - it's a reminder to be more organized in this regard in the year to come. Make this as pleasant as possible next year.

Now, if you and your spouse each have jobs rather than businesses, your employer has handled the bulk of the paperwork as far as paying taxes goes. You just have to know what your deductions are. If you're only taking the standard deduction, you may be paying too much, sometimes quite significantly. If you aren't sure what all you can take a deduction on, consult your accountant, or, if you do your own taxes, go to http://www.turbotax.com/ and see what they suggest. You may get a pleasant surprise. They links to tax tips right on their front page.

Of course, if you have a home business, you have more paperwork and more deductions to consider. This is why many home businesses prefer to use an accountant. It saves a lot of worry and can be worth the expense. You can deduct in many cases for your home office, business supplies and more. Consult with a tax professional, and be sure you have receipts for everything in case you are unlucky enough to be audited. I am not a tax professional, so I really cannot give you better advice than that.

Now, if you've done your taxes and find out you're getting a big refund, it's time to celebrate, right? Not really. If you're getting a big refund, that means you gave the government an interest-free loan. You need the money more than they do, right? If you are overpaying to avoid underpaying (and who likes paying more at tax time?), put the excess you were thinking about paying into some kind of savings account. Even a plain savings account in a bank pays more than nothing, and you're still getting the advantage of money saved up. This is far harder to do, of course, since the money is nicely within reach, but it's a good practice in general to have some money you rarely touch anyhow.

Getting your taxes under control now can save you a great deal of trouble next year and in future years. Build good filing habits so that if you are ever audited you can easily justify your deductions. And finally, consult with a tax professional to get the most out of your tax return.

Author Bio
Stephanie Foster is the owner of Home with the Kids and offers free resources for parents who want to find real work at home opportunities. For more work at home advice, visit www.homewiththekids.com/wah.htm

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The Housing Update for Week of 2/13

The Housing Market Update

Housing Market Picture Brightens with Job Gains:

The Basics of Foreclosure Part 2

Foreclosure is the legal process of the mortgage holder taking the collateral for a promissory note in default. The process is slightly different from state to state, but there are basically two types of foreclosure, judicial and non-judicial. In mortgage states, judicial foreclosure is used, whereas in deed of trust states, non-judicial foreclosure is used. Most states permit both types of proceedings, but it is common practice in most states to use exclusively one method or the other.

Reinstating the Loan

Many states permit a borrower to “cure” the loan before the date of sale. This simply requires paying the amount in arrears, plus interest and attorney’s fees. It is certainly more desirable for a defaulting borrower to reinstate a loan rather than pay off the entire principal balance.

Virtually all states have specific laws requiring a reasonable notice to the defaulting borrower before the lender can accelerate the debt. If you are a lender, make sure you review the default notice with your attorney to ensure compliance with state law. If your attorney or other party sends the notice, be sure he complies with the Federal Fair Debt Collection Practices Act.

Redemption Rights

Some states give a borrower the right to “redeem” the amount owed and get title to the property back after the sale. The length of the redemption period changes from state to state. The highest right of redemption is from the owner, borrower or guarantor on note. Behind him come the junior lien holders who are in danger of being wiped out by the foreclosing senior lien holder.

In states where there is a long redemption period, investors often buy the junior liens on the property to have the right to redeem the property from foreclosure. The holder of the most junior lien has the last right to redeem the property by paying off all underlying liens. The owner, of course, has the highest right. Obtaining a quitclaim deed from the owner gives you the right to redeem the property yourself.

Courtesy of:  Attorney William Bronchick
 

The Basics of Foreclosure Part 1

Foreclosure is the legal process of the mortgage holder taking the collateral for a promissory note in default. The process is slightly different from state to state, but there are basically two types of foreclosure, judicial and non-judicial. In mortgage states, judicial foreclosure is used, whereas in deed of trust states, non-judicial foreclosure is used. Most states permit both types of proceedings, but it is common practice in most states to use exclusively one method or the other.

Judicial Foreclosure

Judicial foreclosure is a lawsuit that the lender (“mortgagee”) brings against the borrower (“mortgagor”) to get the property. About half of the states use judicial foreclosure. Like all lawsuits, it starts with a summons and complaint served upon the borrower and any other parties with inferior rights in the property (remember, all junior liens, including tenancies, are wiped out by the foreclosure).

 If the borrower does not file an answer to the lawsuit, the lender gets a judgment by default. A referee is then appointed by the court to compute the total amount (including interest and attorney’s fees) that is due. The lender then must advertise a notice of sale in the newspaper for four to six weeks. If the total amount due is not paid, a public sale is conducted by the referee on the courthouse steps. The entire process can take as little as three months and as much as twelve months depending on the volume of court cases in your county.

 The sale is conducted like an auction, the property going to the highest bidder. Unless there is significant equity in the property, the only bidder at the sale will be a representative of the lender. The lender can bid up to the amount it is owed, without having to actually come out of pocket to purchase the property.

If the proceeds from the sale are insufficient to satisfy the amount owed to the lender, the lender may be entitled to a deficiency judgment against the borrower and anyone else who guaranteed the loan. Some states prohibit a lender from obtaining a deficiency judgment against a borrower .

Non-Judicial Foreclosure

Most states permit a lender to foreclose without a lawsuit, using what is commonly called a “power of sale.” Rather than a mortgage, the borrower (“grantor”) gives a “deed of trust” to a trustee to hold for the lender (“beneficiary”). Upon default, the lender simply files a notice of default and a notice of sale, which is published in the newspaper. The entire process usually takes about 90 days. The borrower usually has a right of redemption after the sale..

Courtesy of:  Attorney William Bronchick

The Basics of Foreclosure “Short Sale" Part 2

The lender will also ask for financial information about the borrower. Sort of a backwards loan application, the borrower must prove that he is broke and unable to afford the payments. The borrower must show that he has no other source of income or assets to repay the loan. This process may involve as much, if not more paperwork than an original mortgage application! The borrower should submit a “hardship letter”, which is basically a sob story about how much financial trouble the borrower is in. This may require a little literary creativity, and some help on your part. Don’t lie, just paint a picture that doesn’t look good.

Finally, the lender generally wants to see a written contract between you and the seller. The lender wants to make sure the seller isn’t walking away with any cash from the deal. Generally, the contract must be written so that the buyer pays all costs associated with the transaction, so that the “net cash” to the seller is the exact amount of the short pay to the lender. A preliminary HUD-1 settlement statement is often requested, which can be difficult, since many title and escrow companies simple won’t prepare one in advance of closing. You can prepare your own HUD-1, and simply write “preliminary” on the top.

The Basics of Foreclosure “Short Sale" Part 1

Negotiating a short sale with the lender is a difficult process, generally because it is a daunting task finding a bank officer who has the authority to accept a discount. You will have to call around to locate the lender’s “Loss Mitigation Department”. More than likely, each lender you deal with will have a separate name for this department, so be patient when calling. Much like getting your phone bill corrected, you can expect the process to involve a lot of waiting on hold and being bounced around an intricate maze of automated voice mail systems. Once you get in touch with the right person, then the negotiating begins.

From the lender’s perspective, a short sale saves many of the costs associated with the foreclosure process – attorney fee’s, the eviction process, delays from borrower bankruptcy, damage to the property, costs associated with resale, etc. In a short sale scenario, the lender gets the property back faster, so it is able to cut its losses. Your job as the investor is to convince the lender that it will fare better by accepting less money now

The lender will want some information about the property, the borrower and the deal he has made with you. Specifically, the lender wants to know what the property is worth. The lender will generally hire a local real estate broker or appraiser to evaluate the property (called a broker’s price opinion or “BPO”). You can also submit your own appraisal or comparable sales information. In addition you will want to offer as much specific negative information about the property as possible. Also, include some relevant information about the neighborhood and the local economy if things are bad. A contract’s bid for repair estimates should also be submitted, which, of course, should be the highest bid you can obtain!