Part 2 Unit 17 Flashcards
What is direct participation program (DPP)?
Alt investment category in which economics of a business is flow-through to the investor. Passive income.
General partner: business managers
Limited partner: Investor
considered illiquid
GP
-Unlimited Liability
-Fiduciary duty
-Profit after dist. to limited partners
-Must maintain at least 1% interest in the business
LPs
Units of investment is called interest rather than shares.
Exchange Traded Notes (ETNs)
Registered under securities act of 1933 as debt instruments
returns linked to a market index or other benchmarks
What are risks inherited in ETNs
Credit risk (unsecured loans)
market risks
liquidity risk
early redemption and acceleration risk
conflicts of interest
Viatical/Life settlements
Viatical: applies to those with terminal illness with life less than 24 months
Life settlements: generally less than 65, are in good health with life expetency of at least 2 years.
Products buying other people’s death benefits for more than cash value but less than the benefits.
TIC
one owner’s fractional interest can be passed to estate and not to the survivors. Also, can be unequally. Also, among many individuals
JYWROS
Each has equal ownership and is passed to the survivor.
Trust accounts:
Legal entity offers flexibility for individuals who wish to transfer property.
3 parties must be specified:
1. Settlor: Supplies the property for the trust. (AKA maker, grantor, trustor, donor)
2. Trustee: Holding legal title to property held for the benefit of another person.
is responsible for investing, administering, and distribution of trust assest.
3. Beneficiary: Ind. for whose benefit property is held in trust.
Simple trusts
ll assets must be distributed during the year it is received.
Complex trust
May accumulate income.Trusteed can distribute the principle too. The key diff between this and simple trust is that simple trust must distribute all of its annual income, whereas in complex trust you do not have to.
Living trust
Established during maker’s lifetime. Revocable living trust, that indi. has complete control over it. Can edit as much as they want to and contains instructions for managing trust after death.
Testamentary trust
Settlor retains control over assets until death, and then will stipulate that upon death, the property is to be placed in trust for the benefit of one or more beneficiaries. Can not avoid probate.
Living will:
Nothin like living tust. It is just in terms of medical care directives
Types of estate accounts:
Tranfer-on-death (TOD): does not avoid estate taxes if applicable. Owners specifies a beneficiary. No legal documentation necessary. Accounts opened can be individual, JTWROS, and tenants by the entirety accounts.
Totten Trust: Old ways where bank accounts were transferred to beneficiaries upon death.
Revocable trust: Terms can be changed during lifetime. income is taxable to the grantor under grantor trust rules. Grantor is subject to income taxes even though he does not receive any income. Kinda like living trust.
Vs. irrevocable trust; Settlor gives up all ownership in property transferred into the trust. Not included in trustors income or federal tax purposes.
Grantor retained annuity trusts (GRATS): Benefits in children in a way that minimizes gift/estate taxes.
Taxed to the grantor. Paid in a specific number of years.