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Note News and Information Archive |
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DATE: June, 2002 The following is intended as general information and does not represent legal or tax advice. Individual circumstances vary - please consult your legal and tax advisors about your specific situation. "It
takes a noble man to plant a seed for a tree that will some
day give shade to people he may never meet." To return to the general planned giving pages, please close this browser window THE CHALLENGE OF DISPOSING OF AN ESTATE | GOVERNMENT DEBT CEILING LIMIT | WILL NON-ITEMIZERS BE ABLE TO DEDUCT CHARITABLE GIFTS | POSSIBLE VOTE ON PERMANENT ESTATE TAX REPEAL | SOCIAL SECURITY AND CONGRESSIONAL RACES | SLIGHT DROP IN GIFT ANNUITY RATES The Challenge of Disposing of an Estate (regardless of size)A parent's death can be devastating, taking a heavy toll even on adult children. Then, to add to the grief, there's the difficult task of disposing of the estate - not just houses, securities and bank accounts, but a lifetime of possessions. Financial planners say disposing of an estate can be made much easier if parents have done some careful planning, not just leaving a will but letting children know where bank and brokerage accounts and any real property are located. It
can also be helpful if parents write what are known as testamentary
letters, expressing their wishes about who gets the good china
or the clock that's been in the family for generations. And they
should explain to the children their reasoning behind their decisions.
Government Debt Ceiling LimitIn mid-May, Treasury Secretary Paul O'Neill made a formal request to Senate Majority Leader Tom Daschle that the legal debt limit for the United State Government be increased from the current, and just reached, level of $5.95 trillion to $750 trillion. Secretary O'Neill stated that to avoid a default on federal bonds, some $44 billion would have to be borrowed from the Federal Employees Retirement System. This
issue will come to a head in the next two to three weeks as the
House and Senate jostle for position on the borrowing authority
increase the Treasury says it cannot do without. If the increase
is not enacted, the government could be faced with angering Wall
Street (by postponing scheduled auctions of federal securities),
federal workers and unions (by delaying government paychecks),
millions of Medicare and Social Security beneficiaries (by not
making payments to them), and/or government contractors and their
trade associations (by withholding payments for work already performed
and expenses incurred). Tax Law Proposal Would Allow Non-Itemizers to Deduct Charitable Gifts The Wall Street Journal reports that Congressional staffers and tax lobbyists say chances are improving for tax-law changes that would benefit millions of people who give money to charity but aren't allowed to write off their donations because they take the standard deduction on their tax returns. Roughly two out of every three tax filers take the standard deduction -- a flat amount based on filing status -- instead of itemizing their deductions. The proposed changes would allow filers who take the standard deduction to deduct charitable gifts up to a certain amount -- $100 in 2002 and increasing from there -- without having to itemize. The president and Republican leaders have lined up solidly in favor of the changes, as have organizations such as Independent Sector ( http://www.independent.org/ ), a coalition of more than 700 nonprofits, foundations, and corporate philanthropy programs. Critics
of the proposal argue that the plan is too expensive and cite
Treasury Department estimates that put the revenue lost if the
changes become law at more than $32.6 billion through 2012. In
addition, a number of former IRS commissioners have come out against
the changes on the grounds that the standard deduction already
includes an unspecified amount for charitable gifts as well as
a concern that an additional deduction for charitable gifts could
lead to an increase in tax fraud. Senate Agrees To Vote on Permanent Estate Tax RepealIn a compromise with Senator Phil Gramm (R-TX), Senate Majority Leader Tom Daschle (D-SD) agreed this week on the Senate floor to allow a Senate vote on H.R. 8. The bill would be offered with two potential amendments, either of which would require a 60-vote majority under the Senate Budget Act. The first amendment by Senator Gramm would make the repeal of the estate tax in 2010 permanent. The anticipated alternative Democratic amendment would increase the estate exemption to $4M and allow the estate tax to remain in place. Senator
Daschle noted, "What we have done in this case is simply agreed
to a debate on the estate tax legislation sometime prior to June
28. Senators will have an opportunity to debate the estate tax
bill. I know there is a great deal of interest on both sides of
the aisle." Social Security Issue Rattling Races for CongressNo other issue is generating more scrambling in this year's Congressional elections than Social Security and what Democrats assert is the looming threat of privatization. It is a debate largely touched off by the Bush administration's proposal to allow people to divert part of their Social Security taxes into private investment accounts. Younger people, pollsters say, tend to like the idea of private accounts. For voters under 40, "having money in their own account, that they get to keep, and pass on to their heirs, sounds a lot less risky than trusting that the government will be able to fund the program in 30 years," said Bill McInturff, a Republican pollster. But
older Americans tend to be more cautious, fearing the risks and
costs of even a partly privatized system. And it is a law of politics
that what older Americans think matters more - certainly in a
midterm election, where they cast a disproportionate share of
the vote. Americans 60 and older accounted for 28 percent of the
vote nationally in the 1998 midterm election; they accounted for
41 percent in Pennsylvania. Gift Annuity Rates See Slight DropThe American Council on Gift Annuities (ACGA) announced a slight drop in some of the ACGA suggested annuity rates. The American Council on Gift Annuities (ACGA) is a qualified nonprofit organization formed in 1927 as the Committee on Gift Annuities for the purpose of providing educational and other services to American charities regarding gift annuities and other forms of planned gifts. The Council provides suggested rates for charitable gift annuities that have been recognized, not only by charities and donors, but also by state insurance departments and the IRS as being actuarially sound and in the best interests of all parties involved. ACGA rates
for single life annuities for ages 38 and under and two life annuities
with a younger life of age 56 and under will be decreasing as
of July 1, 2002. The rationale for these decreases is to assure
that deductions for gift annuities at these young ages are at
least 10% of the gift value when the IRS discount rate dips as
low as 5%. The rate change is quite small, a decrease of no more
than two-tenths of one percent (.2%) at any age.
The
preceding is meant as general information and does not represent legal
or tax advice. Individual circumstances vary - please consult your legal
and tax advisors about your specific situation. |
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