News outlets have been blowing up with news regarding Apple Inc & their sour tax practices. While it may seem as though an Apple a day keeps the profits hidden away; a big crunchy bite is not the cure for foreign tax collectors. France has a sour taste in its mouth (likely, from a granny smith), and has hit Apple with a $6.5 million tax bill.

While there is not enough caffeine this side of the Mississippi to fully discuss taxation and legal tax shelters, it is important to note that individuals who do not report their foreign assets may be subject to some hefty fines.

Any U.S. person that transfers assets to, and holds an interest in a foreign bank account or entity may be required to report under both the IRS code, as well as the Bank Secrecy Act.

If you have a financial account or any foreign assets, there are two major reporting requirements that you need to be aware of (keep in mind, this list is not exhaustive):

#1 Report of Foreign Bank & Financial Accounts – “FBAR” (Form TD F 90-22.1):

• A “U.S. person” that has a financial interest or other authority over foreign financial accounts that have an aggregate value exceeding $10,000, must report an FBAR (unless it falls within one of the exceptions). This includes anything from a bank account to a trust.

#2 Statement of Specified Foreign Financial Assets – Form 8938:

• Taxpayers that have an interest in an account or asset with specified foreign financial assets that exceed $50,000 (on the last day of the tax year) or $75,000 (at any time during the tax year) must report those assets to the IRS.

Florida residents, the filing of #1 does not preclude the filing of #2, & vise-versa. Furthermore, failure to report will result in penalties. Back to our “apple” analogy: if you fail to report, an apple a day does not keep the fines away. It is always better to report, than to face the alternative.

Because of the complex nature of taxes, you should consider seeking a Florida attorney to ensure that you are properly reporting your foreign assets, and avoiding fines.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

In thursday night’s 30th anniversary episode of “Wheel of Fortune,” Autumn Ernhard’s name went down in the books as the second wheeling-wonder fortunate enough to reach $1 million in winnings. She left the show with a fortune figure of $1,030,340.00, stating she was in “utter shock” & “shaking.” It is undetermined whether her “shakes” are a result of muscle fatigue from the new hefty burden in her pockets, or the nerves associated with planning her estate & further preserving her new fortune.

The million-dollar-side-effects can be cured with the help of a Florida estate planning attorney.

Ease your mind with the top 5 estate planning strategies to cure a case of the shakes:

1. Living Trust – a living trust has become increasingly desirable due to its ability to avoid probate (the legal process of determining whether a will is valid). There are three parties involved in a trust: (1) you, the creator; (2) the trustee(s) (who manage the assets in the trust); and (3) the beneficiaries. If you are married, you may want to designate yourself and your spouse as co-trustees, so that you have full control over the property while you are still alive. Side Note: such control does have tax consequences, so you will want to discuss this with your estate planning attorney.
2.  Assignment of Property – this is exactly that, assigning your property to your trust. This includes both real & personal property. A trust does not do anything for you if there is no property in it.
3.  Last Will & Testament – this is your traditional will that is used upon death to distribute property to beneficiaries, specify last wishes, and name guardians for minor children.
4.  Durable Power of Attorney – this allows you to designate and authorize someone to legally act on your behalf, in the event that you become incapacitated.
5.  Combination Living Will & Designation of Healthcare Surrogate – this outlines important healthcare decisions in advance, and appoints a healthcare surrogate to make healthcare decisions for you when you become unable to do so yourself.

For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

This is no “yo-mama” joke – Single Mother Breadwinners are bringing home the bacon!

A new report shows that 40 percent of all households with children (under age 18) include mothers that are the primary or sole breadwinner for the family. The Pew Research Center reported that in the past five decades, breadwinner moms have increased by almost 30 percent! Furthermore, the research shows that 63% of these lady-breadwinners are single mothers.

Although these single mothers are bustling about to bring home the bacon, fry it in a pan, and serve it to their children before they rush back to work; one important step should not be overlooked – estate planning.

It may seem like there is no time for the breadwinner to collect the crumbs for future planning, but the benefits of safeguarding your “bacon” outweigh the hassle. Single Mother Breadwinners (“SMB”) of South Florida should pay close attention to potential issues when creating an estate plan.  Such issues include (but are not limited to):

• Guardianship – if there is no other parent involved, it is important to appoint a primary guardian – the individual who will have custody of your minor children. Creating a will that appoints a guardian will ensure that your child’s interests are protected according to your wishes.
• Trusts – a trust is valuable for many, many reasons.  They protect your assets while providing for your minor children. Regardless of whether the SMB has a truck full of Wonder Bread or a jar full of crumbs, she may not want her minor children to receive her assets outright. Rather, she can use a trust, appoint a trustee, and be certain that her assets are being managed and distributed appropriately.
• College Planning, The 529 Plan – a 529 plan allows you (or really, anyone) to contribute to an account that is not subject to federal taxation to save for your child’s college education. There is no age limit for when the plan can be used, and it can roll over to another family member. The SMB can have control and appoint a guardian/trustee to manage it upon her death.

It’s a Wild world, Single Mother Breadwinners. Are you protected?SM

For more information on successful Florida estate planning and business succession planning, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

A band of burglars recently pulled off a jewelry heist involving $1 million worth of red carpet loot from the Cannes Film Festival 2013. Although the uninsured jewelry was believed to be protected through the use of a safe – the bandits one-upped ‘em by simply unscrewing the entire safe from the wall.

The shock; the horror! How can we have faith in humanity when even the stars have been ravished of their bare necessities? The good news is, you Cannes protect yourself! Here in Florida, there are a variety of estate planning methods that can be used to protect your assets.

The truth is you don’t need $1 million in jewels in order to implement safety measures, as EVERYONE needs estate planning. Regardless of how much or how little you own, the goal remains the same:

• asset protection
• control over your assets
• protecting your loved ones
• preclusion of unnecessary taxes
• creditor protection
• limited/no transfer taxes for following generations
• insuring your assets

For example, in South Florida, if you die without a will all of your assets will be automatically distributed “per stirpes.” The danger in this is that you lose all control over who will receive your estate, and your intentions become irrelevant. The statutory scheme may leave out groups of loved ones, such as stepchildren; and does not protect beneficiaries that are not mature enough to deal with a large inheritance. Such issues are unlimited, but can be avoided through proper estate planning.

By utilizing estate planning techniques, you can protect yourself and your family from unnecessary hassles while safeguarding your assets. Through a variety of estate planning tools, including Trusts, Wills, Powers of Attorney, Health Care Surrogates, Funding Techniques, and more; you can make your “safe” burglar proof!

For more information on successful Florida estate planning and business succession planning, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?SM

Last week the Miami Dolphins were dealt a crippling blow when they were denied public money for a stadium upgrade.  Without a major rehab of the beloved stadium, South Florida’s chances of hosting the 50th Super Bowl in 2016 are greatly reduced.

Stephen Ross, the current 95% owner of the Miami Dolphins, sought both state and local help to pay for an estimated $400 million worth of renovations to Sun Life Stadium.  The team worries that the stadium, built in 1987, may become inoperable without the proper renovations within the next 5 to 10 years.   Florida’s Legislature didn’t see it that way, and adjourned after refused to allow a vote on this bill.  Rep. Carlos Trujillo, a Republican from Miami, simply stated, “It was a bad deal for taxpayers.”

If only the former owner of the Miami Dolphins, Joe Robbie, would have completed his estate plan before he died…

Joe Robbie is Florida’s greatest example of dealing with the consequences of not having a proper estate plan or business succession plan in place.   Joseph Robbie was the owner of the Miami Dolphins and founder of the Joe Robbie Stadium.  Upon his untimely death in 1990, his estate was valued at $100 million.  9 months after his death, he owed approximately $47 million in estate taxes.  The family was forced to sell the Dolphins and the stadium at a bargain-basement price, at just a fraction of the team’s real value.  In 1994, Financial Planning magazine reported, “the year’s biggest loser in the National Football League is the Robbie family, the former owner of the Miami Dolphins.”

The real tragedy is that it all could have been avoided had Robbie implemented a simple life insurance policy to pay the estate taxes.  Instead, the family was torn apart by the stress of the forced sale.  Just imagine the worth of Robbie’s 2 prized assets in today’s market place had he done some proper estate and business succession planning?

As great a businessman as Joe Robbie was, he missed a major league opportunity to provide for his family.  A proper game plan for succession of your business and the estate taxes that may be due upon your death, will allow you to leave a lasting legacy to preserve everything you worked so hard to achieve.

For more information on successful Florida estate planning and business succession planning,  please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected?

Athletic officials from the New Jersey University, Rutgers, announced the early termination of their infamous Men’s Basketball Coach, Mike Rice.  The decision was based on a videotape depicting Rice hurling balls and gay slurs at his players.  As ESPN broadcast the incriminating footage, Rice’s behavior can be summarized in one word…foul.

Everyone from LeBron James to Governor Chris Christie weighed in on the coach’s shameful behavior. The inevitable decision to fire Rice 3 years into his 5 year contract sealed the fate on his career.  Rice will be forced into an unexpected early retirement.  Given the state of our economy, many South Florida residents have also had to face the prospect of an early unexpected retirement.

So what happens when you find yourself without the steady income of a job and bills to pay?  Though it is best to avoid taking money out of your retirement plan, emergency situations such as job termination, divorce, sickness, and economic crashes can get the best of us.  You may be pleasantly surprised to find out that there are some instances when you can take money out of your retirement plans without paying the 10% federal penalty imposed by the IRS.

Here is a list of Uncle Sam’s most common exceptions:

• Borrow from your own 401(k). You can legally borrow up to $50,000, or half your vested balance, whichever is less, from your 401(k).  Most big firms allow these loans and give you up to 5 years to repay it without any taxes or penalties.  However, if your job terminates for any reason, your ex-employer will likely demand repayment, otherwise the outstanding balance will be treated as an early distribution, subject to penalties.
• Paying Large Medical Bills.    You can request a distribution from an IRA or 401(k) without any penalties for CERTAIN medical expenses.  Note that only expenses that are more than 10% of your adjusted gross income will qualify.
• Paying for Health Insurance.  If you become unemployed, you can take money out of an IRA account (not a 401K) to obtain health insurance for yourself, spouse, and dependents, without paying a penalty.  To qualify, you must be collecting unemployment for at least 12 weeks and this exemption ceases 60 days after starting a new job.
• Disability. If you become disabled before age 59½, you may be able to take penalty-free distributions from an IRA. However, you must carefully understand what qualifies as a permanent physical disability that prevents you from being gainfully employed, as per Uncle Sam’s legal and medical guidelines.
• Inheriting an IRA.  If you are the beneficiary of a deceased owner of an IRA, you can take money from an “inherited IRA” without penalty at any age. Note that if you roll the inherited IRA into your own name, you lose the ability to take out money without paying the penalty. Note that unlike an IRA, a 401k will automatically transfer to a surviving spouse no matter who the designated beneficiary is.
• Paying for Education. You can take money out of a pre-tax IRA account to pay for undergraduate or graduate tuition, books, supplies, and fees for yourself, your children, or grandchildren.  Be careful however, because IRA withdrawals will count as income and MAY limit eligibility for financial aid for the following year.
• First Home Purchase.  You can take up to $10,000 penalty-free from an IRA (not a 401K) to pay for the purchase or building of your first home.  If both you and your spouse will be first time homeowners, the amount doubles to $20,000.

But with all of these tips, the devil is in the details.  It is always best to seek the advice of a well-seasoned Florida attorney before making any major financial decisions.  With the help of our experienced South Florida estate planning attorneys, we can make the complex United States tax-code work for you, no against you!

For more information on successful Florida early retirement tips and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at (954) 944-2855 to schedule your free consultation.

It’s a Wild world. Are you protected? SM