LGBT Couples Need New Financial Advice!

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James Lange, CPA/Attorney, highlights potential financial benefits available to LGBT couples who marry

Pittsburgh – April 28, 2015 –The United States Supreme Court is hearing arguments today on the issue of marriage equality. This historic case should be decided by June.

The two likely possibilities of the decision are:

  1. Supreme Court says all states have to offer same-sex couples the right to marry.
  2. Supreme Court says all states have to recognize marriages performed outside their state.

In either case, all states will likely have to recognize same-sex marriage, even if the couple has to travel to get married in a state that does recognize same-sex couples and then return home.

WHAT ARE THE FINANCIAL BENEFITS OF MARRIAGE?

Retire Secure! For Same-Sex Couples Cover 7x10-2According to James Lange, a best-selling author, Certified Public Accountant, attorney and president of Pittsburgh-based Lange Financial Group, there are potential benefits that many people know about including the “marriage bonus” when preparing tax returns and health benefits being extended to new spouses. But what many people do not consider are 2 enormous financial benefits of marriage for couples who are 60 and over:

1. Marriage can increase your Social Security benefits: There are options to increase your total household Social Security benefits when you are married. Spousal benefit rules impact a couple while both are alive, and the survivor benefit available is impactful after one spouse passes. Over time, the difference can be hundreds of thousands of dollars or even millions of dollars. This could be even more important if one spouse has a strong earnings record and the other spouse does not.

The graph below shows the difference between a couple not getting married and taking their Social Security benefits at age 62, versus getting married and utilizing a technique called Apply & Suspend for their Social Security. The difference is going broke in your 90s versus having more than $2 million. Image1

 

2. For purpose of inheriting money, most states and the federal government impose less inheritance and income taxes on assets left to a spouse than on assets left to a non-spouse. After Windsor (a previous case), however, the IRS will recognize same-sex marriages for federal income and estate tax purposes as long as the couple was married in a state that recognizes same-sex marriages. This makes transfer of assets between a married LGBT couple much easier than between a non-married couple.

Lange warns, however, that there could be some drawbacks including the potential health care liability of getting married, and the so called “marriage penalty” that may affect some taxpayers. He encourages same-sex couples that are currently marriage or weighing the benefits of marriage to read his book, Retire Secure for Same-Sex Couples: Live Gay, Retire Rich, in which he details recommendations for the issues mentioned herein and so many more.

Lange’s book lays recommendations in a convincingly detailed yet surprisingly easy-to-follow fashion and is available to purchase through www.outestateplanning.com.

About James Lange

James LangeJames Lange, CPA/Attorney started the first exclusive LGBT estate planning website in Pittsburgh, in 2002. Jim is a nationally-known Roth IRA and retirement plan distribution expert. He’s also the best-selling author of the first and second edition of Retire Secure! and Retire Secure! for Same-Sex Couples. With over 30 years of experience, Jim and his team have drafted over 1,995 wills and trusts with a focus on flexibility and meeting the unique needs of each client.

Jim’s recommendations have appeared 35 times in The Wall Street Journal, as well as the Pittsburgh Post-Gazette, The New York Times, Newsweek, Money magazine, Smart Money and Reader’s Digest. His articles have appeared in Trusts and Estates magazine, The Journal of Retirement Planning, Financial Planning, The Tax Adviser (AICPA), and other top publications.

To learn more, or sign up for their newsletter, visit www.outestateplanning.com

The Essence of Retire Secure For Same-Sex Couples – Part 5

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This 9 part blog post series discusses along with graphs the essence of my book Retire Secure! For Same-Sex Couples: Live Gay, Retire Rich.

Retire Secure! for Same Sex Couples: Live Gay, Retire Rich quantitatively compares various courses of action. For those who don’t want to read through the explanation and detail, just looking at the 9 graphs could provide critical information with a minimum of reading effort. Please be aware that the recommendations beneath each figure will be advantageous in most situations, but not for everyone.

Starting Social Security Benefits At 62 Years Old vs. 70 Years Old

 

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Independent of getting married, it’s better to wait until 70 to take Social Security than electing to take Social Security at 62.

The graph shows the total of all Social Security benefits received, plus interest, by two different people with identical earnings records. One begins collecting Social Security at age 62 and the other begins collecting at age 70.

Your benefit will be 76% plus the cost of living adjustment larger if you wait until age 70 to start collecting Social Security, as compared to starting at 62. The longer you live, the more you may need that larger benefit.

 

The Essence of Retire Secure For Same-Sex Couples – Part 4

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This 9 part blog post series discusses along with graphs the essence of my book Retire Secure! For Same-Sex Couples: Live Gay, Retire Rich.

Retire Secure! for Same Sex Couples: Live Gay, Retire Rich quantitatively compares various courses of action. For those who don’t want to read through the explanation and detail, just looking at the 9 graphs could provide critical information with a minimum of reading effort. Please be aware that the recommendations beneath each figure will be advantageous in most situations, but not for everyone.

Inheriting a Second Generation IRA From a Married Parent vs. an Unmarried Parent

 

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Estate planning: Get married to provide maximum assets for your children or other heirs after both you and your partner die.

This graph shows the difference to the eventual heir depending on whether the person leaving him the IRA had married vs. had not gotten married. Tax laws favor the married couple when one of the spouses dies, allowing the surviving spouse to “pay taxes later.” In addition to this advantage, tax laws favor heirs of a married couple. When the surviving spouse dies, his heir is permitted to “stretch” the IRA and “pay taxes (much) later.”

Tax laws penalize the unmarried couple. The first time an IRA is inherited by a non-spouse, the unmarried partner is forced to “pay taxes sooner.” The rules are even less favorable for the surviving partner’s heir, forcing him to “pay taxes (much) sooner.” Don’t Pay Taxes Now, Pay Taxes Later—even after both you and your partner/spouse are gone.

The Essence of Retire Secure For Same-Sex Couples – Part 3

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This 9 part blog post series discusses along with graphs the essence of my book Retire Secure! For Same-Sex Couples: Live Gay, Retire Rich.

Retire Secure! for Same Sex Couples: Live Gay, Retire Rich quantitatively compares various courses of action. For those who don’t want to read through the explanation and detail, just looking at the 9 graphs could provide critical information with a minimum of reading effort. Please be aware that the recommendations beneath each figure will be advantageous in most situations, but not for everyone.

Inheriting an IRA From a Spouse vs. an Unmarried Partner

 

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Estate planning: Get married to provide maximum IRA and retirement plan assets for your partner after your death.

This graph shows the total assets for two individuals who each inherit a $1,000,000 IRA at the age of 72—one inherits from his spouse and the other from his unmarried partner. The tax laws will allow a surviving spouse to keep the money growing tax-deferred much longer than they allow for a surviving partner. Under the projected law changes for Inherited IRAs, the scenario is even worse for the unmarried survivor. Getting married allows your surviving spouse to pay taxes later than if you stayed unmarried. Don’t Pay Taxes Now, Pay Taxes Later—even after you die.

The Essence of Retire Secure For Same-Sex Couples – Part 2

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This 9 part blog post series discusses along with graphs the essence of my book Retire Secure! For Same-Sex Couples: Live Gay, Retire Rich.

Retire Secure! for Same Sex Couples: Live Gay, Retire Rich quantitatively compares various courses of action. For those who don’t want to read through the explanation and detail, just looking at the 9 graphs could provide critical information with a minimum of reading effort. Please be aware that the recommendations beneath each figure will be advantageous in most situations, but not for everyone.

Benefits of Spending After-Tax Savings before IRAs and Other Retirement Assets

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It’s generally best to spend assets in this order:

1) After-Tax Savings

2) Traditional IRA and Retirement Assets.

Of course at age 70 you will have to take money out of your IRA. Given a choice, however, you should spend your after tax savings first. You will have more money if you keep your money growing tax-deferred for as long as possible. Don’t Pay Taxes Now, Pay Taxes Later—when you are retired in the distribution stage.

Stay tuned next week where I’ll discuss Inheriting an IRA From a Spouse vs. an Unmarried Partner.  If you are interested in seeing if you qualify for a free consultation please fill out the form on this page https://outestateplanning.com/what-we-do/ or give us a call at 412-521-2732.

– James Lange

The Essence of Retire Secure For Same-Sex Couples – Part 1

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In this 9 part blog post series I will discuss along with graphs the essence of my book Retire Secure! For Same-Sex Couples: Live Gay, Retire Rich.

Retire Secure! for Same Sex Couples: Live Gay, Retire Rich quantitatively compares various courses of action. For those who don’t want to read through the explanation and detail, just looking at the 9 graphs could provide critical information with a minimum of reading effort. Please be aware that the recommendations beneath each figure will be advantageous in most situations, but not for everyone.

Taking Advantage of Retirement Plans Rather than Saving Outside Retirement Plans
It’s better to save in IRAs and retirement plans versus saving in after-tax accounts (regular investments outside IRAs or retirement plans).

This graph shows the total net assets* for two identically situated people, except one contributes to his retirement plan at work and the other saves outside the retirement plan. They each have the same earnings, invest the same out of pocket amount at the same rate, have the same tax bracket, spend the same, etc. The difference is dramatic. The lesson: Don’t pay taxes now, pay taxes later—during the accumulation stage while you are working.

Please see page 30 in my book Retire Secure! For Same-Sex Couples: Live Gay, Retire Rich for further details.

* We measure $100 in an IRA as $75 net assets because there is a $25 income tax associated with the $100 IRA. This applies to this and the following graph.


Stay tuned next week where I’ll touch on the Benefits of Spending After-Tax Savings before IRAs and other Retirement Assets.  If you are interested in seeing if you qualify for a free consultation please fill out the form on this page https://outestateplanning.com/what-we-do/ or give us a call at 412-521-2732.

– James Lange

John C. Bogle – A Financial Industry Giant Addresses Congress

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John Bogle, The Lange Money Hour, James Lange, Pittsburgh, PA Wednesday, October 1, 2014Join us this Wednesday, October 1 at 7:05 p.m. on KQV 1410 AM for The Lange Money Hour, Where Smart Money Talks.

Program also streams live at www.kqv.com

Encore presentations air on KQV EVERY SUNDAY at 9:00 a.m.

The three legs of America’s retirement system are shaky, neither structurally efficient nor fiscally stable. That’s what the U.S. Senate Finance Committee heard on September 16, during testimony by a man Fortune Magazine labeled one of four giants of American Finance: John C. Bogle, founder and now retired CEO of the Vanguard Group, the world’s largest mutual fund company, with more than 3 trillion dollars under management.

To hear why Mr. Bogle believes the situation is so precarious, tune in tomorrow evening at 7:05, as The Lange Money Hour welcomes him back to the show.

Over the course of his 63-year career, Mr. Bogle has changed the face of investing. A pioneer in the concept of index mutual funds, collective portfolios of stocks that mimic the movement of a defined market sector rather than a selection of individual companies, he is credited with creating the first index fund available to individual investors, the Vanguard 500.

Mr. Bogle has written a dozen books, including his 1994 bestseller Bogle on Mutual Funds to most recently The Clash of the Cultures: Investment vs. Speculation. At 85, he remains an active industry observer, appearing regularly on national financial media outlets. He recently described the personal mission he has set for himself in his retirement – “to speak out for truth and integrity and character in the world of finance, striving to build a better world for investors—honest-to-God, down-to-earth human beings who deserve a fair shake.”

 

You can watch his 6-minute Congressional testimony here:

http://johncbogle.com/wordpress/2014/09/17/testimony-before-the-senate-finance-committee-september-16-2014/

 

We’re honored to have Mr. Bogle back as a guest on The Lange Money Hour. Please plan to join us Wednesday, Oct. 1, 2014 at 7:05 on KQV 1410 for an interesting and informative hour. The program will also stream live at www.kqv.com.

If you can’t tune in October 1, 2104, KQV will rebroadcast the show at 9:00 a.m. this Sunday. You can also access the audio archive of past programs including written transcripts on the Lange Financial Group website, www.paytaxeslater.com. Click on RADIO.

Finally, mark your calendar for Wednesday, October 15th at 7:05 p.m., when Pittsburgh City Controller Michael Lamb will join us for the next new edition of The Lange Money Hour.

The Impact of Same-Sex Marriage on the Accumulation Years

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While you are still working, you shouldn’t pass up the opportunity to contribute the maximum allowable to your retirement plans. Same-sex marriage may afford you additional possibilities to contribute that may not be available to you as an unmarried individual; on the other hand, marriage might also eliminate possibilities to contribute.

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One advantage of marriage comes into play if one member of the couple is not working. This is relevant because you must have earned income to contribute to any IRA, including a Roth IRA. If a couple is not married, and one partner is not working, that non-working partner will not be allowed to contribute to an IRA or a Roth IRA. However, if the couple marries, the nonworking spouse would be able to contribute to an IRA or Roth IRA based upon their working spouse’s income. Marriage makes it possible for the couple to put more money in the tax-deferred or tax-free environment. For example, consider the couple Anne and Susan. In 2014, Anne earns $150,000 per year and is not covered by a retirement plan at work. Susan is not working outside the home. If they are unmarried, Anne can contribute to an IRA, but Susan has no earned income and cannot. If they marry, then both Anne and Susan can each contribute $5,500 ($6,500 if they are age 50 or older) to their respective IRAs.

 

When it comes to Roth IRAs, there is a potential benefit if your income is too high for you to be eligible to make a full Roth IRA contribution. These income limits are different for married and unmarried individuals (refer to table below). You may find that your income is too high for you to make a Roth IRA contribution as an unmarried taxpayer, but you are able to make a contribution as a married taxpayer. For example, consider Anne and Susan again. In 2014, if they are unmarried, neither Anne nor Susan can contribute to their Roth IRAs. Anne earns above the maximum of $129,000 for a single taxpayer and Susan has no earned income. If Anne and Susan marry, then their combined income of $150,000 is under the $181,000 limit for married couples, so they are both permitted to make the maximum allowable contributions to their Roth IRAs.

 

In other cases, marriage may suddenly make you ineligible to contribute to a Roth IRA. You may find that both you and your partner, as an unmarried couple, are both near the upper income limit for single taxpayers and are able to contribute to Roth IRAs; however, if you were to marry and combine your salaries, you may find yourselves above the Roth IRA limits. Consider a different situation for Anne and Susan. In this case, Anne and Susan each earn $100,000 in 2014. As an unmarried couple, they are each eligible to contribute fully to a Roth IRA, because they are each below the $114,000 limit. If they marry, their combined income would be $200,000, putting them above the $191,000 phase-out limit and preventing both of them from making any Roth IRA contributions at all.

 

Gay Marriage, James Lange, Retire Secure For Same-Sex CouplesGay Marriage, James Lange, Retire Secure For Same-Sex Couples, Pittsburgh, PAGay Marriage, James Lange, Retire Secure For Same-Sex Couples, Western Pennsylvania

Finally, if your income exceeds the limitations for a Roth IRA, consider contributing to a nondeductible IRA. You can convert the nondeductible IRA to a Roth IRA the minute after you make the nondeductible IRA contribution. That is exactly what I do personally, in addition to my 401(k) contribution. So, in January, 2014 I made my 2013 and 2014 nondeductible IRA contributions for me and my wife Cindy (even though she doesn’t work outside the home). We immediately made Roth IRA conversions of the nondeductible IRAs. So, we put away a quick $26,000 tax-free into Roth IRAs ($6,500 each for 2013 and 2014), not including what I contributed to my 401(k). Please note this conversion of nondeductible IRA to a Roth without incurring taxable income only works if you don’t have any traditional IRAs. In effect, after the monkey business, it is just like making a Roth IRA contribution, but you have to do the monkey business first to get around the limitation.

 

Because retirement plans allow your money to grow tax-deferred or tax-free, and we have already seen the enormous power of retirement plans, you may want to consider the impact that marriage will have on your ability to contribute to an IRA or a Roth IRA.

 
Retire Secure! For Same-Sex Couples – James Lange, (pages 61-65) www.outestateplanning.com/contact-us 412-521-2732