Domain II - Wealth Mgmt. - Technical Design Flashcards

1
Q

Explain Marginal / Effective Tax Rates

A

Marginal - Tax rate applied to the next marginal (incremental) portion of income earned. Use this rate when considering new projects.

Effective - Tax rate actually paid on total income. Calculated by dividing total taxes paid by total income.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

(HSA) health savings account, half of SE tax paid, qualified plan and IRA contributions, SE health insurance premiums, qualified alimony paid (per pre 2019 agreements), student loan interest deduction and tuition and fees are examples of what?

A

Above the line deductions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Calculate Self-Employment Tax

A

OASDI (6.2% for employee and 6.2% for employer = 12.40% for self-employed on net earnings from SE up to maximum income level $160,200 for 2023)

Medicare’s Hospital Ins (HI) program is taxed at a flat rate (1.45% for employee and 1.45% for employer = 2.90% for self-employed on net earning from SE without limitation.

15.3% total on SE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Schedule A itemized deductions(6)?

A
  • Medical and Dental Expenses - 7.5% of AGI threshold / 10% in some cases
  • Tax You Paid - State and local tax deductions (limited to $10,000 MFJ $5,000 single)
  • Interest You Paid- Qualified mortgage interest and points (limitations apply), mortgage insurance premiums, investment interest (to the extent of net investment income)
  • Gifts to Charity - subject to limitations
  • Casualty Losses have been suspended unless the specific casualty has been declared a disaster by the President
  • Job Expenses and Certain Miscellaneous Deductions -Unreimbursed employee expenses, tax prep fees, other expenses. No longer allowed but come back in 2026
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Tax credits directly _____.

Tax deductions _____. This means the value of a tax deduction lies in the _____ rate which rises with addtional income.

A

reduce tax liability (dollar for dollar).

taxable income / marginal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Estimated Tax Payment Rules?

A

If prior year AGI was $150,000 or less, to avoid underpayment penalties, pay 100% of prior year tax or 90% of current year tax, whichever is less.

If prior year AGI was over $150,000, to avoid underpayment penalties, pay 110% of prior year tax or 90% of current year tax, whichever is less.

*Tax withheld from retirement distributions is considered paid evenly throughout the year and qualifies as estimated tax payments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Distributable Net Income (DNI)?

A

The amount transferred to unitholders (if an income related trust) or the amount distributed to beneficiaries (if an estate related trust).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

_____-tier beneficiaries must have income distributed to them in the year earned. They are taxed on income actually or constructively distributed to the extent of the trust ‘s or estate’s distributable net income (DNI). Currently distributable income must be distributed in the same tax year as earned. It includes any amount that may be paid out of income or corpus to the extent it is paid out of income for that tax year.

A

First

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

_____-tier beneficiaries receive all distributions that are properly paid, credited or required to be distributed other than tier one distributions and gifts or specific bequests of property or sums of
money. This includes discretionary distributions, distributions required upon a specified occurrence, an annuity paid out of corpus and a spousal support allowance required by court order.

A

Second

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

2017 Tax Cuts & Job Act

Personal Exemptions / Itemized Deductions
Suspended beginning ____
Comes back after _____

A

2018 / 2025

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Long-term capital gains and qual. dividend rates (2023)?

A

0% (up to $89,250 MFJ)
15% ($89,251 to $553,850 MFJ)
20% (over $553,850 MFJ)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the Alternative Min. Tax (AMT) rates?

A

26% and 28% (over $220,700)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Tax rate on collectibles and certain small business stock?

A

28%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

_____% Medicare Hospital Insurance Tax

Tax assessed on earned income above:
_____ MFJ
_____ Single

A

0.9 / $250,000 / $200,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

_____% surtax on Net Investment Income

Tax assessed on certain net investment income when modified AGI is above:
_____ MFJ
_____ Single

A

3.8 / $250,000 / $200,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Gifts to Minors

_____ - Limited to transfer of certain assets. Growth can be _____. Ownership typically transfers to child at age _____.

A

UGMA (Uniform Gift to Minors Act)
tax-free
18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Gifts to Minors

_____ - Growth can be _____. May be included in grantor’s taxable estate until child takes ownership which transfers from age _____ - _____.

A

UTMA (Uniform Transfer to Minors Act)
tax-free
21
25

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Kiddie Tax (Secure Act)

Unearned income amounts above $_____ for those dependents under _____ yrs. old and full-time student dependents from _____-_____ yrs. old to be tax at the _____ rate.

A

2,300
19
19 to 23
parent’s

*For 2018-2019 (per the TCJA) kiddie tax was based on trust tax rates but in certain situations the parents could elect this inocme to be taxed at their income tax rates.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

This term is used to describe a strategy by which a taxpayer seeks to allocate taxable income in different years or through different taxpayers to “fill up” lower tax rates in order to avoid taxation at higher rates given a progressive tax system.

A

Tax Bracket Stacking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

The basic steps for computing an individual’s AMT are:

(1) Taxable Income +/− AMT Adjustments + AMT Preference Items = ?

(2) AMTI − Exemption Amount (subject to phase out) = ?

(3) AMT Base × AMT Rate(s) = ?
26% on first $220,700
28% on amounts above $220,700

(4) Preliminary AMT - Tax Credits = ?

(5) Tentative AMT − Regular Tax = ?

A

(1) AMTI (“alternative minimum taxable income”)

(2) AMT Base

(3) Preliminary AMT

(4) Tentative AMT

(5) AMT Due

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

AMT Exemptions

Exemption Amount (2023) - _____ for MFJ

Exemption Phaseout Begins (2023) - _____ for MFJ

A

$126,500 / $1,156,300

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

AMT Planning Opportinities

Income and Expense Planning (5)?

A

– Defer deductions for state income or property taxes
– Defer or accelerate receipt of income
– Reduce exposure to private activity bonds to avoid AMT
– Consider taxable bonds if subject to AMT
– Time charitable contributions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

AMT Planning Opportunities

Stock and Option Planning (3)?

A

– Defer or accelerate receipt of capital gains
– Consider disqualifying disposition on ISOs
– Consider tandem exercise of ISOs and NSOs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

2023 Percentage Deduction Limitation Rules

Public Charity

Cash - ?
Long-term capital gain property - ?
Tangible personal property - ?
Short-term or ordinary income property - ?

A

60% of AGI (FMV)

30% of AGI (FMV)

30% AGI (FMV - same use) or 50% of AGI (basis - not same use)

50% AGI (Basis)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

2023 Percentage Deduction Limitation Rules

Private Charity

Cash - ?
Long-term capital gain property - ?
Tangible personal property - ?
Short-term or ordinary income property - ?

A

30% of AGI (FMV)

20% of AGI (Basis) - unless qual. appreciated stock (FMV)

20% of AGI (Basis) - same use or not same use

30% of AGI (Basis)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Gift Property with imbedded loss (i.e., depreciated property)

General Rule: The taxpayer deducts the _____ of FMV or cost basis for gifts of depreciated assets.

A

Lesser

Result: The taxpayer deducts FMV on property that has lost value since purchase.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Gift Property Encumbered by Debt

FMV of gift property is calculated _____.

A

Net of debt

*The transfer of encumbered property to charity is considered a bargain sale (i.e., the amount of debt is considered an amount realized by the donor).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Deducting Mortgage Interest

Limits on deductibility - $_____ (after 12/15/2017)

Applies to _____ or _____,

A

750,000

Primary residence / second home

  • $1,000,000 prior to 12/15/2017
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Qualified & Non-qualified Dividends

Dividends are generally taxed as _____.
Qual. dividends are taxed at _____ rates.

A

ordinary income / capital gains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Holding period - Common Stock

In order to qualify for the lower rates, investors are
required to hold common stock for more than _____ days in the _____ day period beginning _____ days before the ex-dividend date.

A

60 / 121 / 60

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Holding period - Preferred Stock

In order to qualify for the lower rates, investors are
required to hold preferred stock for more than _____ days in the _____ day period beginning _____ days before the ex dividend date.

A

90 / 181 / 90

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

A wash sale occurs if the taxpayer sells or disposes of the stock or securities, and within _____ days before or after that date (the _____ day period) the taxpayer acquires, or enters into a contract or option to acquire, substantially identical stock or securities. When a loss is disallowed because of the wash sale rule, the disallowed loss is added to the cost basis of the new stock or securities.

A

30 / 61

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

_____ gains occur upon transaction. _____ gains occur when triggering a taxable event.

A

Realized / Recognized

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Taxation of Incentive Stock Options (ISOs)

Holding period requirements: hold _____ yrs. after grant

If holding period is met…
Grant -
Exercise -
Sale -

If holding period is not met…
Difference between FMV at time of exercise and the option price is considered _____ for tax purposes.

A
  • 2
  • not a taxable event
  • not a taxable event
  • taxation upon sale as appropriate (LTCG or STCG)

ordinary income

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

ISO Spread Impact on AMT

The holder of an ISO realizes gain/loss for AMT purposes equal to the difference between the _____ of the stock on the date of exercise and the _____ price.

A

FMV / exercise price

*called the “spread.” The spread is an AMT preference item that must be added back when computing AMTI.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Taxation of Non-qualified Stock Options

NQSO are taxed as _____ at time of _____.

*Second taxable event
LTCG/L if stock is sold more than one year after the exercise
STCG/L if stock is sold one year or less after the exercise

A

ordinary income / exercise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Partnerships, LLPs, and S-Corporations are categorized as _____ entities.

LLCs can elect to be taxed as a corporation, but LLC members usually elect to be taxed as a _____. With this election, an LLC is also a _____ entity.

A

pass-through

partnership / pass-through

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Basis in an S-Corporation (recalculated each year)

Beginning basis
+/- Capital contributions?
+/- Debt shareholder personally loaned to company?
+/- Income/gains?
+/- Distributions?

Adjusted basis before loss allocation
+/- Deductions/losses?

Ending Basis

A

Plus
Plus
Plus
Less

Less

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Basis in a Partnership/LLC (recalculated each year)

Beginning basis
+/- Capital contributions?
+/- Allocable share of recourse debt?
+/- Allocable share of qualified nonrecourse debt?
+/- Income/gains?
+/- Distributions?

Adjusted basis before loss allocation
+/- Deductions/losses?

Ending basis

A

Plus
Plus
Plus
Plus
Less

Less

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Qualified Business Income (QBI) Deduction

_____% deduction available to individuals and trusts.

Deduction is equal to _____% of net income from a business operated as an S-Corp, Partnership, or a Sole Proprietorship.

After income threshold $_____ (MFJ 2023) - certain businesses (investment mgmt., for ex.) will not qualify for the deduction.

A

20
20
$364,200

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

There are two types of debts: A _____ debt holds the borrower personally liable. All other debt is considered _____.

A

recourse / non-recourse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Pass-Through At-Risk Limitations

S-Corporations: Shareholders include only debt that they _____ loan to the corporation.

Partnerships/LLCs: General partners include all partnership debt on which they have _____ liability. Limited partners and LLC members include only _____ debt for which they are personally exposed and qual. non-recoure debt for business real estate.

A

personally
personal
recourse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Form _____ reports all passive income/loss activity

A

8582

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

1031 Exchanges: Gain recognition is deferred on like-kind exhcnages of real property only.

Does/Does Not apply to personal use property or residences?

Losses are/are not recognized?

A

Does not / are not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Re-characterization of cap. gains as ordinary income to recapture accelerated depreciation on certain real property. Section _____?

A

Section 1250

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Depreciable and real property used in trade or business and held for more than one year are allowed cap gains treatment of gains and ordinary income treatment of losses. Section _____?

A

Section 1231

47
Q

Certain small company stock owners are allowed ordinary income (vs. capital gains) treatment for losses up $50k/individual and $100k/joint. Section _____?

A

Section 1244

48
Q

The following investments are best for this type of account
– Index and other passive funds
– Growth funds with low turnover
–Tax-managed funds
–REITs (could be better for either type of account)
– Municipal bonds

A

Taxable accounts

49
Q

The following investments are best for this type of account
– Dividend stocks
– Most taxable bonds
– Actively management, high turnover funds
– Partnerships “IF” they avoid UBTI

A

Tax-deferred accounts

50
Q

Components of tax efficiency (8)?

A
  • Tax rates
  • Tax rules
  • Turnover
  • Tax lot identification / management
  • Tax gain/loss harvesting
  • Wash sale-rules
  • Asset location
  • Measurements
51
Q

According to Doug Rogers (tax- aware pioneer)

The tax adjusted alpha hurdle for a traditional equity
manager is _____% needed to outperform a passive or
indexed alternative.

A

3.0

52
Q

Example: sell asset at a loss (to harvest tax losses) and
buy a comparable, but not identical, asset to maintain
risk exposure while avoiding wash sale rules.

A

Pair-wise trade

53
Q

A simple measure of potential taxation, but not usually the
best measure of tax efficiency. Measures how often assets or investments in a fund or portfolio are bought and/or sold within a specific time period (usually measured annually).

Calculated by dividing the net assets or investments bought
and sold by the portfolio value (e.g., NAV).

A

Portfolio turnover rate

54
Q

The percentage of the fund’s net unrealized capital gains that the manager chose to realize.

_____ = Cap. gains distribution / Gain of the stock

A

Capital Gains Realization Rate

55
Q

Tax-efficiency Ratios

The higher/lower the better; _____ indicates little tax impact.

_____ works in all kids of markets. Particularly helpful when analyzing separately managed accounts. Usually negative but can be positive if realized losses and/or applicable deferred losses are included.

A

Higher / Zero / Relative Wealth Measure

56
Q

Tax-efficiency Ratios

Captures the percentage of return that taxable investors retain. Works well in smooth, upward-trending markets.

_____ = after-tax return divided by before tax return.

A

Consultant Capture Ratio

57
Q

Tax-efficiency Rations

Equals the ratio of short-term capital gains realized to total capital gains realized.

A

Accountant’s Ratio

58
Q

Characteristics of this investment type:

  • Concentrated or diversified
  • Often illiquid
  • High fees and expenses
  • Lowly or uncorrelated to traditional investments
  • Low to high-risk spectrum
  • Not very transparent
  • Not highly regulated
  • Constraints for investments and withdrawals
  • Reporting inaccuracies and biases
A

Alternative Investment

59
Q

Potential benefits of Alternative Investments (5)?

A
  • Diversification
  • Hedging
  • Performance
  • Innovation
  • Leverage
60
Q

Potential risks/disadvantages of Alternative Investments (10)?

A
  • Lock-up periods
  • High fees
  • Taxes
  • Lack of transparency
  • Reporting standards
  • Less regulation
  • Risk of total loss
  • Leverage
  • Volatility
  • Illiquidity
61
Q

_____ is desirable for investors who are “net
long.” It occurs when futures prices are lower
than spot prices. It indicates short supply.

_____ occurs when futures prices are higher than spot prices. It indicates immediate supply.

A

Backwardation / Contango

62
Q

This concept relates to the expectation that for some investments, such as private equity, there are negative cash flows for several years before leading to positive cash flows in later years.

A

J-curve concept

63
Q

This concept refers to the first (initial) year of investment. Analysis of this is common for venture capital projects and other private equity investments as well as real estate investments.

A

Vintage Year concept

64
Q

Hedge Fund Styles & Strategies: Fund of funds?

A

Fund allocates its cash to several other hedge funds to be managed.

65
Q

Hedge Fund Styles & Strategies: Event driven?

A

Attempts to profit from situatins such as mergers, acquisitions, restructuring, bankruptcy, or reorganization.

66
Q

This type of limited partnership that is traded on a public exchange.
Limited partners typically provide the investment and general partners typically manage operations.

Legal classification includes requirement that _____% of cash flow comes from real estate, commodities, or natural resources (there are exceptions).

Many of this type of LPs are not appropriate for _____ accounts because of UBTI and other tax related issues.

A

Master Limited Partnership (MLPs)

90%

tax-deferred

67
Q

This bias occurs when hedge funds report returns only if they choose to, and they may do so only when their prior performance is good.

A

Backfill Bias

68
Q

This bias occurs when failed funds drop out of the database.

A

Survivorship Bias

*Hedge fund attrition rates are more than double those for mutual funds.

69
Q

The fee structure can give incentives to shut down a poorly performing fund.
* If a fund experiences losses, it may not be able to charge an incentive unless it recovers to its previous higher value.
* With deep losses, this may be too difficult so the fund closes.

A

High water mark

70
Q

Can create current tax liability (and possible re-characterization) for tax deferred accounts due to gains realized from investment activities such as leveraged trading strategies and other gain producing activities not considered directly related to the main function of the entity. Subject to federal and state income tax.

A

Unrelated Business Taxable Income (UBTI)

71
Q

This measures how well the companies held in a portfolio are
managing their ESG risks and opportunities relative to portfolios within their same category.

A

Morningstar Sustainability Rating

72
Q

Process or method that measures the efficiency of various mixes of assets or investments that seeks the optimal combination of choices through diversification that minimizes risk per unit of return gained.

A

Mean-Variance Optimization (MVO)

73
Q

This allocation involves crafting a portfolio of various asset classes with specific target mixes. The objective of strategic allocation is to maintain these mixes.

A

Strategic Asset Allocation

74
Q

This allocation can take many forms. It is an active management strategy: it allows the advisor to make changes to a portfolio allocation based on their convictions about various asset classes looking forward. At its simplest level, an advisor using this allocation may overweight or underweight stocks or bonds in an investment portfolio.

A

Tactical Asset Allocation

75
Q

This allocation is a method of changing the allocation of the portfolio based on market conditions. Many advisors and investors find it difficult to adhere to a strategic asset allocation policy. A good understanding of strategic fixed asset allocation is important before an advisor tackles this type of approach. This type of rebalancing may be difficult for private investors or institutions. No one approach will dominate in all market conditions. Portfolio strategies are path dependent. This allocation is assumed to outperform a constant mix portfolio especially during extended bull or bear markets. Most investors are more worried about downside risk then their gains. Because of this, this type of allocation approach may be preferred.

A

Dynamic Asset Allocation

76
Q

Defined: This options-based hedge that involves selling (writing) an out of the money call and buying an out of the money put on an underlying asset that has imbedded gains; this strategy intends to lock in profits by buying downside protection while calls are sold to generate income to help pay for this downside protection; properly executed collars preserve capital and the holding period of low cost basis stock.

A

Collars

77
Q

Defined: This strategy in which an investor purchases both a put and call on the same security with the same strike price and expiration; used when an investor believes the stock price will move significantly but does not know which way the stock will go (up or down).

A

Straddles

78
Q

Defined: This option strategy where investor holds a put and a call on the same asset, with the same maturity, but with different strike prices; used when there is an expectation of large price swings in the underlying asset.

A

Strangles

79
Q

Defined: This type of option or strategy in which the option derives its value from the price difference between two or more underlying assets.

A

Spreads

80
Q

Defined: This strategy is where an investor buys and sells two options on the same underlying asset that have the same expiration date but different strike prices.

A

Vertical Spread Options

81
Q

Defined: This strategy is where an investor buys and sells two options on the same underlying asset that have the same strike price but different expiration dates.

A

Horizontal Spread Options

82
Q

Defined: This strategy is where an investor simultaneously enters
into a long and a short position in the same type of option (call options or put options) and where the contracts have different strike prices and expiration dates.

A

Diagonal Spread Options

83
Q

This type of risk is a broad category or composite of risk that affects the entire market rather than unique to a particular security. In effect, all securities tend to move together in a systematic manner in response to these risks.

A

Systematic Risk

84
Q

This type of risk is unique to a single business or industry, such as operations and methods of financing. These risks include business risk and financial risk. It can be eliminated through diversification.

A

Unsystematic Risk

85
Q

This is a measure of volatility (i.e., risk). It measures the amount of variation or dispersion from an average. Considered a measure of “total risk.”

A

Standard Deviation

86
Q

To compare a series of very different values, this is preferred to
using only standard deviation. Where standard deviation is a measure of absolute dispersions, this is a measure of relative dispersions. This is defined as the ratio of the standard deviation divided by the mean. The larger value indicates greater dispersion relative to the arithmetic mean of the return.

A

Coefficient of Variation

Standard deviation divided by average rate of return = CoV ratio

The lower the relative dispersion the better

87
Q

This measures how much two random variables move or change together. Negative means that variables move inversely. Assets possessing a high number of this with each other do not offer much diversification.

A

Covariance

88
Q

This is used in Capital Asset Pricing Model (CAPM). It measures systematic (market) risk. A _____ of 1.00 indicates that an asset will move directly in proportion to the market as a whole. A lower number indicates that an asset has been less volitile than the market, whil a higher number indicates more volatility than the market.

A

Beta

89
Q

A risk-adjusted performance metric measuring how much return is achieved per unit of risk taken. Measures total risk (using standard deviation). MPT serves as the foundation for this ratio. The higher this ratio the better. It’s best used when analyzing portfolios with low volatility.

A

Sharpe Ratio

90
Q

This ratio is a risk-adjusted performance metric that measures return in relation to downside risk using downside semi-standard deviation. Best used when analyzing portfolios with high volatility.

A

Sortino Ratio

91
Q

Measurement of investment manager’s risk adjusted performance based on security selection and market timing. The creator used this formula to measure alpha. It measures the value-added by manager. This metric is designed to show if the manager outperformed what should have been the result per the CAPM.

A

Jensen’s Alpha

92
Q

The creator developed this metric to measure performance relative to risk taken as measured by beta. Same formula as Sharpe Ratio except that it uses beta which measures systematic risk instead of standard deviation which measures total risk. The higher this ratio, the better. Best for comparing two funds/investments within the same category.

A

Treynor Ratio

93
Q

Risk, for purposes of insurance analysis, can be described as a variation from an expected outcome. Quantifying risk, for purposes of insurance analysis, compares loss exposures relative to:
a.)
b.)

A

a.) the loss frequency versus loss severity
b.) the cost of insurance

94
Q

Insurance on Collectibles

Coverage usually comes in two forms:
a.) ?
Coverage up to $_____
Per- item limits of up to $_____
No inventory required
Best for collections with many, smaller items
Rates are higher because of uncertainty

b.) ?
Coverage into the millions per item
Documentation and verification are required
Considered efficient protection per unit of coverage
Special policies are often written for unique situations

A

a.) Blanket coverage
$1 million
$50k

b.) Specialty coverage

95
Q

Umbrella Liability Insurance

Coverage amounts from $_____ to $_____
Covers these three categories -
Only pays claims in amount _____ required property and casualty coverages.
Possible exclusions (3) -

A
  • $1 - 10 million
  • Bodily injury, property damage, and personal injury liability
  • Above
  • Use of aircraft/watercraft / director/officer activities / business activities.
96
Q

Common Life Insurance/Ins. Strategies for HNW/UHNW clients(8)?

A
  • 2nd to Die Policies
  • Irrevocable Life Insurance Trust (ILIT)
  • Annuities
  • Cash Value Policies
  • Private Placement Life Insurance (PPLI)
  • Insurance Funded Buy-Sell Agreements
  • Kidnapping and Ransom Insurance
  • Identity Theft Insurance
97
Q

Most states exempt _____ and _____ from the reach of creditors.

Many states do however impose restrictions on those exemptions.

Many states extend protection to cash surrender value (interpolated reserve).

_____ Insurance is typically protected.

A

Life ins. / annuities

Private Placement Life

98
Q

Real Estate

Almost all states offer _____ protection.

Most states have placed restrictions on this protection,
including limiting the value of the exemption.

The _____ may protect a debtor in cases of bankruptcy but not against IRS liens.

A

Homestead / Homestead Exemption

99
Q

Retirment Funds

_____ Plans are generally protected from the claims of creditors under ERISA.

Trad/Roth IRAs have protection generally limited to $_____ (adjusted for inflation).

IRA rollovers consisting entirely of _____ assets that were rolled into an IRA are / are not subject to the protection cap noted above.

A
  • Qualified Retirment
  • $1.5 million
  • Qual. Retirement Plan / are not
100
Q

Assets at Greater Risk (7)?

A
  • Assets registered to individuals
  • TIC and JTWROS account assets
  • Second homes, vacation homes
  • Non-qualified retirement accounts and assets
  • IRA rollover and Roth IRA assets above $1m (adjusted to approximately $1.5m today)
  • Real estate and other large assets (aircraft, autos, etc.) not owned by entities or partnerships
  • Assets transferred to protected structures within statute of limitations for fraudulent conveyance
101
Q

Trust assets may be protected from creditors due to a _____.

_____ are the most common form or creditor reach into an entity.

A

Spendthrift provision / Charging orders

102
Q

Type of entity is typically designed to help families manage a family business, farm, assets.

This entity helps families manage assets and plan for estate transfer. They also offer a form of creditor protection.

Most _____ include mom and dad as general partners with children and grandchildren named limited partners. Mom and dad transfer assets to the limited partners over time and often use valuation discounts to reduce the amount of exposure to gift tax.

Discounts may include, among others, lack of marketability, lack of control (minority interest), etc.

Mom and dad may still retain some form of control albeit this is limited when gifts are made irrevocably.

A

Family Limited Partnerships / FLPs

103
Q

Grantors retain certain powers and control over _____ trusts.
- Not considered a separate entity
- Income passes through to the grantor
- Offers little, if any, creditor protection

Grantors give up most powers and control over a _____ trust.
- Treaded as a taxable entity (not a pass-through)
- Assets are owned by the trust
- Certain trusts of this type offer significant creditor protection.

A

Grantor / Non-grantor

104
Q

This type of trust is created to shift wealth over generations. These are irrevocable and include spendthrift provisions. It’s common (in states with traditional trusts laws) for this trust to last 21 years past the life of the last living beneficiary who was alive when the trust was established.

A

Dynasty Trusts

105
Q

U.S. Legal System

Contingency fees are allowed in _____ (while not allowed in _____).

Pleadings are protected speech.

Punitive damages are/are not allowed in civil cases against individuals (rather than only in cases involving corporate products liability).

There is no loser-pay system in _____.

A

U.S. / most countries

are allowed

U.S.

106
Q

Creditor must retain offshore counsel.

Contingent fee cases typically not allowed.

Losing party may have to pay winning party’s attorney fees.

Judgments of other situs courts generally not recognized.

Offshore creditor normally must file suit in offshore jurisdiction.

Statute of limitations expiration may be very short.

Creditor may have burden of proving fraudulent transfer.

Protector is often named to oversee trustees of the trust.

A

Benefits of offshore jurisdiction re: Offshore Asset-Protection Trusts

107
Q

Offshore Trust Tax Ramifications

Income Tax: taxed as _____ Trust if Settlor and at least one beneficiary are U.S. persons (IRC §679).

All items of income, deduction, and credit flow through to Grantor.

Incomplete Gift Trust: no tax on transfer of appreciated assets when trust is a _____ Trust; no tax on appreciated assets at Grantor’s death.

Completed Gift Trust: no tax on transfer of appreciated assets when trust is a Grantor Trust; but tax is imposed on appreciated assets at _____ death.

Gift Tax: gifts can be either complete (gift tax due on transfers) or incomplete (no gift tax due on transfers); incomplete gift requires retention by grantor of _____.

Estate Tax: assets not includible in estate for federal estate tax purposes if there was a completed gift made at time of transfer, but are included if there was an incomplete gift made at time of transfer.

A

Grantor

Grantor

Grantor’s

Special Power of Appointment

108
Q

Most _____ trusts offer modest creditor protection.

Delaware, Alaska, Rhode Island, Nevada, and Colorado and Missouri have more protective Domestic Self Settled Trusts state specific statutes

A Traditional trust of this type _____
- Typically created as a discretionary spendthrift trust
- Contain additional provisions
- May offer substantial protection

Laws provide for protection from creditors but vary from state to state.

Restrictions and issues do apply, among these:
- Support or alimony for former spouse (except Alaska)
- Creditor claims arising prior to trust creation
- Fraudulent conveyances

A

Domestic Self-Settled

Domestic Asset Protection Trusts

109
Q

Bankruptcy Code exempts funds in _____plans but generally limits the exemption to the contribution limits contained in this account and specifically limits the exemption by completely disallowing contributions made ____ year before bankruptcy and only exempting contributions that do not exceed $_____ per beneficiary that were made between _____ years and _____ year before bankruptcy.

A

529 plans

1 yr.

$5,000

2 yrs. and 1 yr.

110
Q

General rule:
- A gratuitous transfer of property with the actual or constructive
INTENT to avoid creditors is fraudulent and may be set aside by
creditors.
- Any transfer of assets from nonexempt status to exempt status
should be tested to assure that it is not a fraudulent transfer.

Three classes of creditors
- Present creditor - solvency analysis
- Potential subsequent creditor - badges of fraud
- Unknown future creditor

Statute of limitations - _____ yrs. from the transfer, or, for existing creditors within ___ yr. of when the transfer could reasonably have been discovered, if later.

A

Fraudulent Transfer Law

4 yrs. / 1 yr.

111
Q

A _____ trust is one in which the beneficiary is precluded or restrained from voluntary or involuntary transfers of trust assets.

In some states, this includes a prohibition on the ability to pledge
as collateral any interest in a trust.

The consequences of these types of provisions in trust documents is that the beneficiary’s creditors are precluded from reaching trust assets.

In most states, settlors cannot utilize a this trust to protect
assets from the settlor’s creditors.

Trusts with _____clauses are often primarily established for
asset protection purposes.

A

Spendthrift

Spendthrift

112
Q
  • A _____ is an order issued by a court pursuant to statute which charges the debtor’s interest in the entity with the amount due to the judgment creditor.
  • Under a this, the creditor only gets distributions from the entity to the extent of the debt.
  • Once the debt is extinguished, this is fulfilled. The debtor’s interest in the underlying partnership or company assets is preserved.
A

Charging Order

113
Q
  • This is used to split assets between divorcing couples for qualified plans (e.g., 401k, 403b, etc.).
  • Effective during life and/or after death.
  • Could be based on a dollar amount or percentage of benefits.
  • Person designated to receive a benefit (i.e., not the plan participant) from this is called the “alternative payee”.
  • The alternative payee may not be someone other than a spouse, former spouse, child or other dependent of the participant.
  • Something called a “transfer incident to divorce” is used to split assets between divorcing couples for IRAs.
A

QRDO: Qualified Domestic Relations Order