News
Sunday
Mar162025

What's Going on in the Markets March 16, 2025

All the major indexes, including the Dow Jones Industrial Average (30 stocks), S&P 500, Nasdaq, Russell 2000, and even the Wilshire 5000, closed at new 6-month lows on Thursday before a robust bounce on Friday.

Although at its worst moment on Thursday, the S&P 500 index was down almost 10.5% from its recent 52-week high, it managed a decent bounce on Friday but still closed down 8.3% from that peak. Year to date, the index is down 4.1%.

For the week, the S&P 500 lost 5.3%, the NASDAQ dropped 5.8%, and the small caps continued their persistent weakness, falling 5.5%.

Market leadership, especially among technology stocks, showed further deterioration this week, and bearish distribution (institutional selling) continued accelerating. By the end of the week, investor sentiment bordered on extreme fear, one element in the making of a robust market rally.

Though there’s not much to be happy about as an investor, keeping the current pullback in perspective is essential. The S&P 500 index is trading back where it was in mid-September 2024, a mere six months ago. The S&P 500 is still 60% higher than the low made at the start of the current bull market (uptrend) in mid-October 2022.

IT’S THE ECONOMY

Not helping things last Tuesday, the Small Business Optimism Index from the National Federation of Independent Business (NFIB) fell to 100.7 for February (from 102.8 in January and 105.1 in December). The Uncertainty Index rose to its second highest level in the series history—just below the reading reached in October last year.

Uncertainty on Main Street has led to fewer small business owners viewing this as a good time to expand or expecting better business conditions. Enthusiasm over the Trump administration's expected pro-business policies has faded quite a bit.

More favorably, the Bureau of Labor Statistics's Consumer Price Index (CPI) and Producer Price Index (PPI) came in slightly cooler than expected for February, reflecting inflation easing. However, underlying data in both inflation measures indicate that the Federal Reserve’s preferred inflation measure, the Core Personal Consumption Expenditures (or PCE, which comes out at the end of the month), will likely continue to be stubbornly elevated.

Consumer Sentiment drives consumer spending and buoys corporate earnings. Confident consumers are essential to a strong economy, or at least one that can avoid a recession.

Friday’s Overall Consumer Sentiment Index report from the University of Michigan fell dramatically (down 6.8 points to 57.9) for the third consecutive month on concerns ranging from personal finances and the stock market to inflation and labor markets. The Current Conditions Index slid to 63.5, and most concerningly, the Future Expectations Index tumbled 9.8 pts to 54.2, its lowest level since July 2022. Year-ahead inflation expectations spiked to 4.9%, the highest since November 2022.

All three sentiment indexes are now at historically low levels rarely seen outside of recessions. The rapid decline in Consumer Sentiment reflects increased uncertainty about individuals’ perceptions of their financial situation. Uncertainty regarding the future can quickly materialize into a slowdown if consumers cut back on spending or delay big purchases.

This sentiment report marks the most significant two-month increase in inflation expectations since 1980. Consumer attitudes have rapidly changed since the end of last year, and this report headlines the collapse of speculation and exuberance that drove the stock market last year.

IS EVERYTHING BAD OUT THERE?

By most measures, the current pullback has been somewhat orderly, with few signs of investor panic or institutional wholesale dumping of stocks. Some would prefer to see signs of investor panic and some kind of “whoosh” to the downside to signal that a bottom might be in. Instead, what’s happened is a slow “drip” lower akin to water torture that persists for an unknown duration.

As optimistic and pessimistic investors pray for a sustainable bounce, they tend to have opposite objectives. The optimist wants the market to go up to validate their “buy the dip” mentality and produce profits as rewards for their bravery. The pessimistic investors recall past severe market cycles and feel trapped in the market. They will use any bounce or rally to sell stocks and perhaps declare, “Never again!”

These opposing forces are at play on any market day. Still, when the markets decline persistently, as we’ve seen since February 20, the battle between optimists and pessimists can bring about strong emotions and perhaps opposite actions or reactions to the fear, uncertainty, and doubt surrounding a weak market.

So how has this resolved itself in similar scenarios in the past?

A COUPLE OF QUANT STUDIES

We can look to quantitative (quant) studies to help answer the foregoing question.

Analyzing past market historical statistics, often called quantitative analysis, can lead one to believe the market is predictable by studying past patterns. Nothing, and I mean nothing, has definitive predictive power, but humans tend to repeat behaviors repeatedly, making some of these quantitative measures somewhat valuable for review and consideration. They are mere data points in a collection that make up the bulk of market-generated information.

Here are summaries of a couple of quantitative studies from Carson Investment Research:

Quant Study 1: Since World War II, the S&P 500 index has experienced 48 market pullbacks of 10% or more (a 10% pullback is called a “correction” by many). If you subscribe to the notion that a 20% pullback constitutes a definitive bear (downtrending) market, then 12 of those 48 pullbacks (25%) went on to pull back 20% or more. That means that 75% of the time, a 10% pullback did not lead to a bear market.

Quant Study 2: In addition, if we are heading for a 20% pullback, this would be the third 20% pullback in less than five years, something that has never happened since 1950 (which doesn’t mean it can’t happen). Going back to 1950, the last time we had three bear markets this close to each other was between 1966 and 1973, a period spanning 6.9 years. So, another bear market in 2025 would be pretty rare.

So, while most 10% corrections don't evolve into bear markets, the hot money traders' continued complacency and quick-bounce expectations can often precede more significant downturns. Buying the dip, which has worked for years, works until it doesn’t.

GREEN SHOOTS OR BROWNOUTS?

Friday’s bounce notwithstanding, the current price action favors more potential downside unless the market immediately follows through on Friday’s rally to the upside. The market is now significantly oversold, which is historically associated with strong bounces or significant trend changes (from downside to upside). In addition, March corrections frequently stage oversold bounces into recoveries into the end of the calendar quarter.

On another positive note, the next few weeks are seasonably favorable for a continued bounce or rally. This means that historically, this time of the year has been favorable for the markets. If Friday was the spark for a bounce, it could entice more participants to join so they don’t miss the bounce. After all, a rout we’ve seen over the past four weeks deserves more than a one-day wonder rally like we saw on Friday. Indeed, we’ve seen strong reactions to past selloffs comparable to this one. But as they say, “past results don’t guarantee future performance.”

WHAT NOW?

If you’ve been anxious or nervous about market action over the past few weeks, you likely have too much exposure to the stock market. Therefore, it’s prudent to talk to your financial advisor about reducing your overall risk to the “sleeping point.”

If you are the chief investment advisor of your portfolio, take advantage of any rally or bounce to reduce your exposure to better suit your overall risk tolerance. (1)

I won’t repeat everything I said in last week’s What’s Going on in the Markets March 9, 2025. But it bears repeating that we anticipate having a correction of 10% or more at least 1.1 times per year, so this lousy action is normal and shall eventually pass.

A 10% correction turns into a 15% correction about every 40 months (0.3 times yearly). So sure, it could get worse before it gets better, but I’m still not seeing wholesale evidence of a full-on recession or bear market headed our way. We don’t yet have enough proof of that.

If this turns out to be a garden variety correction, and I think it is, taking advantage of the opportunity will pay off for those who have a long-term investing time horizon and are brave enough to step up and buy (it’s never easy to do so, but we did some light buying for our clients last week.) (1)

One of my favorite financial advisors, Keith Fitz-Gerald, often says, “History shows very clearly that missing opportunity is more expensive than trying to avoid risks you can’t control.”

I agree wholeheartedly. Focus on what you can control, and don’t miss the opportunities.

(1) Disclaimer: Nothing in this article recommends that you buy or sell any security. Please consult with your financial advisor before taking any action.

Sam H. Fawaz is the President of YDream Financial Services, Inc., a fee-only investment advisory and financial planning firm serving the entire United States. If you would like to review your current investment portfolio or discuss any other tax or financial planning matters, please don’t hesitate to contact us or visit our website at http://www.ydfs.com. We are a fiduciary financial planning firm that always puts your interests first, with no products to sell. If you are not a client, an initial consultation is complimentary, and there is never any pressure or hidden sales pitch. We start with a specific assessment of your personal situation. There is no rush and no cookie-cutter approach. Each client and their financial plan and investment objectives are different.

Sources: InvesTech Research and The Kirk Report

Sunday
Mar092025

What's Going on in the Markets March 9, 2025

The stock market experienced significant volatility this week, with the S&P 500 dropping 3.1%, its largest weekly decline since September, driven by concerns over tariffs and uneven economic data.

The S&P 500 index had its worst weekly loss since last September, as tariff headlines and uneven economic data are causing investors anxiety. The index lost 3.10% on the week, the tech-heavy NASDAQ lost 3.45%, and the small caps lost 4.3%. The S&P 500 index is 6.1% away from the last all-time intraday high made on February 19.

It’s helpful to remember that, on average, markets have two or three pullbacks from a peak measuring 5% or more each year, and you can expect a 10% pullback once every 11 months. This pullback feels worse than it is, perhaps due to the relatively smooth upward ride we enjoyed for most of 2024.

Despite universally bullish and euphoric forecasts by all the major brokerage firms entering 2025, the S&P 500 index is now down 1.9% year-to-date. On a more positive front, the domestic Dow Jones Industrial Average Index (30 stocks) is up 0.6%, international stock indexes are up—some double-digit percentages, and dividend-paying stocks and bonds of all kinds are also still up year-to-date. Got diversification?

Downside leadership in the form of institutional selling of stocks (distribution) intensified last week and could be worrisome for the intermediate-term uptrend (bull market) if it doesn’t subside soon. Towards that end, signs that the markets are oversold emerged last week, raising the possibility of a robust bounce back in the coming weeks.

A COMING RALLY?

Indeed, the market indexes closed up with a bounce on Friday, which is uncharacteristic of the markets lately. Recent Fridays reveal five down Fridays out of the last seven, with fears of potential weekend headlines bringing a down opening for the markets the following Monday.

While Friday’s rally is a good start, we need a strong follow-through rally day to mark the return of investors’ appetite for domestic stocks and lay the path for a sustainable bounce or rally.

So far this year, the markets have followed the script for higher volatility during the first year of a new presidential administration. A consolidation (i.e., “digestion” of significant gains by stocks) is expected following more than two years of double-digit gains since the uptrend started in October 2022. Momentum-driven artificial intelligence stocks have been hit the hardest in this pullback.

You can attribute some of this volatility to the tariff wars’ tit-for-tat action, the ongoing peace negotiations for Ukraine and the Middle East, or deteriorating economic data, but regardless of the news headlines, we knew 2025 would not be the smooth ride we experienced in 2024.

RECESSION AHEAD?

While a recession and a bear (downtrending) market usually go hand in hand, there’s not enough evidence to say we’re definitively heading for a recession. While some Gross Domestic Product (GDP) estimates indicate an unexpected contraction in the first quarter of 2025, the quarter isn’t over yet. And, to declare an “official” recession, there must be two quarters of negative GDP, so we won’t know until mid-year.

Bloomberg’s Recession Probability Forecast just edged up to 25% after residing at a very low 20% for much of January and February. Of course, the current projection is right at the average for the measure dating all the way back to 2009. The odds of a contraction stood at more than 50% for much of 2022 and 2023, yet two quarters of negative GDP growth never materialized.

CORPORATE EARNINGS STRONG

The latest quarterly corporate earnings have held up great, and while there may be some deceleration in profits in the second quarter of 2025, the back half of 2025 looks to have earnings re-accelerate.

The main concerns cited by CEOs in their earnings conference calls are the uncertainty about tariffs and the new administration's ever-fluid policies, which affect their planning for the future. Hence, their profit outlook was less ebullient than usual.

Certainly, earnings expectations will be tempered should the latest tariff skirmish be long-lived, but Corporate America is generally in good financial shape, and management teams have experience navigating prior levies.

There’s a saying in this business that “corporate profits are the mother’s milk of stocks.” If corporate earnings remain strong, that will lead to the return of strength in stocks.

ECONOMIC DATA MIXED

Jobs and housing data have lost some steam over the past several months, and they bear monitoring in the short term. While this slowdown could be an ominous sign, the economy may be experiencing what some call a “mid-cycle growth scare.”

The February ISM Manufacturing Purchasing Managers Index (PMI) ticked down to 50.3. However, the Prices Index increased significantly, and the Employment index dropped by 7.5 percentage points. This combination of stubbornly rising prices and falling employment indicates that the Federal Reserve’s battle with inflation is far from over.

The ISM Services PMI for February increased fractionally from 52.8 to 53.5. Like the Manufacturing PMI report, the Prices Index increased to 62.6, marking its third consecutive monthly reading above 60.

Respondents from both surveys expressed major concerns surrounding tariffs, government spending cuts, and heightened uncertainty ahead.

Friday’s February jobs report from the Bureau of Labor Statistics came in below expectations, while the unemployment rate ticked back up to 4.1% from 4.0% in January. Though the addition of 151,000 new jobs was better than many had feared, the recent government layoffs will likely not appear in the data until the coming months.

INFLATION AND INTEREST RATES

Inflation pressures are weighing on the market, as is their effect on short-term interest rates. Coming into 2025, we were expecting one or two short-term interest rate cuts by the Federal Reserve (the Fed). Lately, speculation about whether it would be zero or only one rate cut (or even a rate hike) has also weighed on the markets.

But given policy uncertainty, Fed Chairman Jerome Powell soothed the markets a bit on Friday with a speech in which he implied that the Fed would be ready to act should administrative policies cause an unexpected economic slowdown. In other words, two or more rate cuts might be on the table for 2025 should conditions deteriorate faster or worse than expected.

CHOPPY WITH POCKETS OF MARKET STRENGTH

Overall, while March stock markets have felt awful, seeing pockets of strength in overseas markets, bonds, value, and dividend stocks says that institutions aren’t really that bearish and selling anything that isn’t nailed down. Indeed, if you look at the equal-weighted S&P 500 index, it’s still up 0.45% year-to-date and has held up better than the cap-weighted S&P 500. Even the equal-weighted NASDAQ Index is flat year-to-date.

For our clients’ portfolios, we have been trimming profitable stock positions, adding to other new ones, and increasing our market hedges in case this market pullback proves stubbornly persistent. While the current weight of evidence has not signaled the end of the long-term bull (uptrending) market, there are indications that the current weakness and choppiness may persist in the short term.

To be clear, that doesn’t mean we feel that bearish forces are dominant, given that the proverbial bullish baton has been passed to other market segments, which are now flourishing in an environment where some air has been let out of the technology stock bubble.

DON’T LET THEM SCARE YOU

Regardless, anything can happen as we go forward, and we know that trips to the downside are always part of investing. Still, barring any unforeseen shocks, I don’t expect this pullback to unravel badly enough to wreck the long-term uptrend and plunge us into a new bear (downtrending) market. The quality and magnitude of the next market bounce will tell us whether this pullback phase is over.

A reminder that volatility is the price we pay to enjoy the outsized returns in the stock market. Sure, you could sell everything and get back in “when the water’s safe,” but good luck with timing that (much easier said than done!)

In fact, this might be the time to take advantage of the pullback to buy or add to positions that were too expensive just a few weeks ago—if not now, when? Disclaimer: This is not a recommendation to buy or sell any securities.

Remember, as legendary Fidelity Magellan Fund portfolio manager Peter Lynch once said, “The secret to making money in stocks is not getting scared out of them.”

And whatever you do, turn off the news and the media, whose only job is to keep your attention glued to their every word for as long as possible. They’ll scare you witless if you let ‘em.

Don’t let ‘em.

Sam H. Fawaz is the President of YDream Financial Services, Inc., a fee-only investment advisory and financial planning firm serving the entire United States. If you would like to review your current investment portfolio or discuss any other tax or financial planning matters, please don’t hesitate to contact us or visit our website at http://www.ydfs.com. We are a fiduciary financial planning firm that always puts your interests first, with no products to sell. If you are not a client, an initial consultation is complimentary, and there is never any pressure or hidden sales pitch. We start with a specific assessment of your personal situation. There is no rush and no cookie-cutter approach. Each client and their financial plan and investment objectives are different.

Source: InvesTech Research

Tuesday
Dec102024

Corporate Transparency Act (CTA) Enjoined and Stay Issued

Beneficial Ownership Interest (BOI) Reporting is now on hold.

In an early November article, I wrote about the CTA and how BOI (Beneficial Ownership Interest) reporting was required by many entities by January 1, 2025.

A court ruling last week found the CTA unconstitutional, paving the way for an appeal by the Department of Justice and FinCEN.

In a statement issued by FinCEN over the weekend, FinCEN announced that it will comply with the order issued by the District Court in the Texas Top Cop Shop case “so long as it is in effect.” Therefore, reporting companies are not currently required to file their beneficial ownership information with FinCEN and will not be liable if they fail to do so “while the preliminary injunction remains in effect.”

FinCEN also disclosed that the Department of Justice filed a Notice of Appeal on December 5, 2024, and reminded the public that voluntary compliance with the CTA reporting requirements can continue.

We do not know what will happen on appeal, although we think it’s unlikely that the initial required filing date for January 1, 2025, will stand. Similarly, the filing deadlines applicable to newly formed reporting companies are also on hold while the injunction is applicable.

However, if you formed a new company and the reporting deadline was imminent when the stay was issued, it is probably prudent to ensure that you have all the information necessary to file a BOI immediately if the injunction is lifted with no change in requirements, in case additional time to file is not granted. FinCEN’s seeming emphasis on the fact that enforcement of the CTA is stayed “so long as the order is in effect” may indicate that the government does not intend to grant additional time to file.

Thus, for instance, it is possible that if a decision to lift or vacate the injunction is made on or after January 2, 2025, all reporting companies with a January 1 reporting deadline would need to file immediately. Although it does seem likely that additional time to file would be granted upon the possible lifting of the stay, it may well be that such additional time may not be lengthy, given that existing reporting companies have had almost an entire year to report before the preliminary injunction is granted.

As such, until and unless FinCEN indicates that an extension of time to file will be granted, it is prudent that all information necessary for reporting is gathered and ready to file if you do not wish to file voluntarily by your original deadline.

The decision about whether to file voluntarily may be a difficult one. On one hand, it ensures that if the injunction is vacated and there is a need to file quickly, you will already be in compliance. On the other, many may not want their information submitted to the government if there is no requirement to do so (and some may not want to pay for professional help to file their BOI report(s).)

If you are unsure what to do, please check with your entity’s attorney or CPA for the latest information about your situation if you have not yet filed a BOI report and are required to do so by the CTA.

Source: InterActive Legal

Sunday
Dec012024

Essential Year-End Tax Planning Tips for 2024

Tax planning becomes essential for individuals and businesses as the year ends. Proactively managing your finances before the calendar flips to 2025 can help minimize your tax burden and set you up for a financially secure new year.

Many clients submit their information yearly to have us optimize their 2024 and future years’ taxes. Proactively estimating and making side-by-side multi-year tax projections has permanently saved some clients thousands of dollars in taxes.

Here are some things to consider as you weigh potential tax moves between now and the end of the year.

1. Consider deferring income to next year

The old rule used to be “defer income.” The new rule is “time income.”

Consider opportunities to defer income to 2025, especially if you may be in a lower tax bracket next year.

For example, you may be able to defer a year-end bonus or delay the collection of business debts, rent, and payments for services. Doing so may enable you to postpone tax payments on the income until next year.

If you have the option to sell real property on a land contract rather than an outright sale, that can spread your tax liability over several years and be subject to a lower long-term capital gain rate (which could be as low as 0%.) On the other hand, if you’re concerned about future tax rate hikes, an outright sale or opting out of the installment method for a land contract sale can ease the uncertainty that you’ll pay higher rates on the deferred income.

If your top tax rate in 2024 is lower than what you expect in 2025 (say, because you are retiring or because of significant gains or a big raise or bonus expected in 2025), it might make sense to accelerate income instead of deferring it.

Be mindful of accelerating or bunching income, which can potentially 1) increase the taxability of social security income, 2) increase Medicare premiums, 3) raise your long-term capital gains rate from 0% to 20%, or 4) decrease your ACA health insurance premium credit.

2. Time your deductions

Once again, the old rule used to be “accelerate deductions.” The new rule is “time deductions.”

If appropriate, look for opportunities to accelerate deductions into the current tax year, especially if your tax rate will be higher this year than next.

If you own a business and are in a high tax bracket, consider accelerating business equipment purchases and electing up to a full expense deduction (via bonus depreciation or Section 179 expensing.)

If you itemize deductions, making payments for deductible expenses such as qualifying interest, state, and local taxes (to the extent they don’t already exceed $10,000), and medical expenses before the end of the year (instead of paying them in early 2025) could make a difference on your 2024 return.

For taxpayers who typically itemize their deductions, the strategy of “bunching” deductions can significantly impact them. Instead of spreading charitable contributions, medical expenses, and other deductible costs across multiple years, consider consolidating them into one year. By “bunching” these deductions, you may exceed the standard deduction threshold and maximize your itemized deductions for the year.

For example, if you typically donate $2,000 annually to charity but are not receiving a tax benefit because you are utilizing the standard deduction, consider making multiple years of contributions in 2024. This could help you exceed the standard deduction amount, allowing you to itemize your deductions and providing more tax benefits (see below.)

For those with significant medical expenses, it’s important to note that only the portion of medical expenses exceeding 7.5% of your adjusted gross income (AGI) can be deducted. If you’re close to reaching that threshold, consider scheduling medical procedures, doctor visits, or purchasing necessary medical equipment before the year ends. Remember that medical expenses are only deductible in the year they are paid, so timing matters.

3. Make deductible charitable contributions

Making charitable donations can reduce your taxable income while supporting causes that matter to you.

If you itemize deductions on your federal income tax return, you can generally deduct charitable contributions, but the deduction is limited to 60%, 50%, 30%, or 20% of your adjusted gross income, depending on the type of property you give and the type of organization to which you contribute. Excess amounts can be carried over for up to five years.

You can use checks or credit cards to make year-end contributions even if the check does not clear until shortly after year-end or the credit card bill does not have to be paid until next year.

As you consider year-end charitable giving, there are a few strategies to keep in mind:

  • Qualified Charitable Distributions (QCDs): If you’re 70½ or older, you can direct up to $105,000 (2024 limit) from your IRA to a charity as a QCD. This donation counts toward your required minimum distribution (RMD) and is excluded from your taxable income (and can reduce the taxation of social security income.) QCDs cannot be counted as deductible charitable donations.

  • Donor-Advised Funds (DAFs): DAFs allow you to make a significant charitable contribution in 2024 and receive the tax deduction now while deciding which charities to support over the next several years. This is a strategy to help with the bunching of itemized deductions described earlier.

  • Appreciated Stock Donations: Donating appreciated stocks that have been held for over one year instead of cash generally provides a double benefit. It allows you to avoid paying capital gains tax on the appreciation while receiving a charitable deduction equal to the investment’s fair market value.

4. Bump up withholding to cover a tax shortfall

If it looks as though you will owe federal income tax for the year, consider increasing your withholding on Form W-4 for the remainder of the year to cover the shortfall. Time may be limited for employees to request a Form W-4 change and for their employers to implement it in 2024.

The most significant advantage in doing so is that withholding is considered to have been paid evenly throughout the year instead of when the dollars are taken from your paycheck. This approach can help you avoid or reduce possible underpayment of estimated tax penalties.

Those taking distributions from their IRAs can also request that up to 100% of the distribution be paid toward federal and state income tax withholding to help avoid underpayment of estimated tax penalties.

These increased withholding strategies can compensate for low or missing quarterly estimated tax payments.

5. Save more for retirement

Deductible contributions to a traditional IRA and pretax contributions to an employer-sponsored retirement plan such as a 401(k) can reduce your 2024 taxable income. Consider doing so if you still need to contribute up to the maximum amount allowed.

For 2024, you can contribute up to $23,000 to a 401(k) plan ($30,500 if you’re age 50 or older) and up to $7,000 to traditional and Roth IRAs combined ($8,000 if you’re age 50 or older). The window to make 2024 employee contributions to an employer plan generally closes at the end of the year, while you have until April 15, 2025, to make 2024 IRA contributions.

Various income limitations exist for eligibility to make traditional and Roth IRA contributions. Regardless of your income, however, you can make a non-deductible IRA contribution. Such a contribution can be subsequently converted to a Roth IRA at little or no tax cost for many (this is known by many as the “back-door” Roth.) If a Roth IRA conversion doesn’t make sense, the non-deductible contribution adds cost basis to your traditional IRA, reducing future taxation of IRA distributions or Roth conversions. Note that Roth contributions are not deductible and Roth-qualified distributions are not taxable.

Speaking of Roth Conversions, if you expect your tax rate to be higher in future years, or you’re in a low tax bracket in 2024, converting some or all your traditional (pre-tax) IRA or 401(k) funds into a Roth IRA in 2024 may be beneficial. While this conversion triggers taxes now, it can reduce future tax liabilities, as qualified withdrawals from a Roth IRA are tax-free.

Owners of small businesses with retirement plans may have until the due date of their tax returns (plus extensions) to make some retirement plan contributions. Check with your tax advisor for your particular small-business retirement plan.

Some small business retirement plans must be set up by 12/31/2024 to allow for a deduction for the 2024 tax year.

If you have a small business, check with your tax advisor to ensure your retirement plan deductions are correctly balanced with the qualified business income deduction, assuming your small business is eligible.

6. Take required minimum distributions

If you are 73 or older, you generally must take required minimum distributions (RMDs) from traditional IRAs and employer-sponsored retirement plans (special rules may apply if you’re still working and participating in your employer’s retirement plan.)

If you reach 73 in 2024, you must begin taking minimum distributions from your retirement accounts (traditional IRAs, 401(k)s, etc.) by April 1, 2025. However, delaying the 2024 RMD until 2025 will require you to include both the 2024 and 2025 RMDs into 2025 income.

You must make the withdrawals by the required date—the end of the year for most individuals. The penalty for failing to do so is substantial: 25% of any amount you failed to distribute as required (10% if corrected promptly).

In 2024, the IRS finalized somewhat complicated regulations relating to RMDs from inherited IRAs after December 31, 2019.

In general, under the SECURE Act, unless an exception applies, the entire balance of a traditional or Roth IRA must be fully distributed by the end of the 10th year after the year of death.

In addition, depending on the age of the original IRA owner, heirs must take an RMD every year until the 10th year, when the remaining account balance must be distributed. These rules require careful and sometimes complex, multi-year planning for large inherited IRAs, so it’s essential to consult your tax advisor.

Review your accounts to ensure you’ve met your RMD requirement for the year, and if applicable, consider making charitable contributions through a QCD.

7. Weigh year-end investment moves

I often tell folks, “You should not let the tax tail wag the investment dog.” That means that you shouldn’t let tax considerations drive your investment decisions.

With that in mind, lower-income taxpayers may be subject to a 0% long-term capital gains rate for up to about $47K of taxable income for single filers and $94K for joint filers. For “kids” under 26, up to $2,600 of long-term capital gains are taxed at 0% if filed on their own tax returns (not filed with parents’ returns.)

Regardless, it’s worth considering the tax implications of any year-end investment moves that you make. For example, if you have realized net capital gains from selling securities at a profit, you might avoid being taxed on some or all those gains by selling losing positions (also known as tax loss harvesting.)

Any capital losses over and above your capital gains can offset up to $3,000 of ordinary income ($1,500 if your filing status is married filing separately) or be carried forward to reduce your taxes in future years.

Wash sale rules prevent investors from selling an investment at a loss and re-purchasing the same or substantially similar security within 30 days in any of their or spouse’s accounts (including retirement accounts). Doing so invalidates the loss for the current year, and the loss deduction is suspended until the new security is ultimately sold. If you wait 31 days to repurchase the same (or substantially similar security), the wash sale rules do not apply.

Digital assets like Bitcoin are not subject to wash sales rules, so there’s no harm in harvesting a loss and then immediately re-purchasing the same digital asset if desired.

8. Contribute to 529 Education Savings Plans

If you’re planning to save for education expenses, the end of the year is an excellent time to consider contributions to a 529 education savings plan. There is no federal tax deduction for 529 plan contributions, but the account grows tax-free if the funds are used for qualifying educational purposes.

Many states offer a limited tax deduction or credit for 529 plan contributions (some states even allow for a deduction for a 529 plan rollover from another state’s 529 plan.) In many states, contributing to a 529 plan you don’t own (say for a sibling, grandkid, nephew, niece, cousin, or friend) also allows for a state tax deduction.

There’s a five-year “super-funding” strategy for those needing to accelerate their college funding. This strategy allows you to contribute up to five years’ worth of gifts to a 529 plan in a year ($90,000 for individuals, $180,000 for married couples). A gift tax return must be filed, but it may not be taxable if this is the only gift made to that person in the current year. This can be a great way to accelerate your child’s education savings.

With the ability to 1) fund private K-12 education, 2) repay some student loans up to $10,000, and 3) rollover some leftover 529 plan funds to a Roth IRA after college graduation, worries about overfunding a 529 education savings plan are far less than they used to be.

In summary, year-end tax planning is a valuable opportunity to control your finances and reduce your taxable income for the year. Reviewing your financial situation, consulting with your tax advisor, and implementing these year-end strategies will ensure that you enter 2025 knowing you’ve made proactive decisions to optimize your tax savings.

Don't hesitate to contact us if you would like to discuss a tax plan that fully utilizes all available strategies.

If you would like to review your current investment portfolio or discuss any other financial planning matters, please don’t hesitate to contact us or visit our website at http://www.ydfs.com. We are a fee-only fiduciary financial planning firm that always puts your interests first. If you are not a client, an initial consultation is complimentary, and there is never any pressure or hidden sales pitch. We start with a specific assessment of your personal situation. There is no rush and no cookie-cutter approach. Each client and your financial plan and investment objectives are different.

Saturday
Nov022024

Understanding Beneficial Ownership Information (BOI) Reporting Requirements

Starting January 1, 2024, many businesses and non-business entities must comply with the Corporate Transparency Act (CTA). The CTA was enacted into law as part of the National Defense Act for Fiscal Year 2021. It requires disclosing certain entities' beneficial ownership information (BOI) for people who own or control a company.

It is anticipated that 32.6 million businesses will be required to comply with this reporting requirement. The BOI reporting requirement intends to help U.S. law enforcement combat money laundering and the financing of terrorism and other illicit activity.

The CTA is not part of the tax code. Instead, it is part of the Bank Secrecy Act, a set of federal laws that require record-keeping and report filing on certain types of financial transactions. Under the CTA, BOI reports will not be filed with the IRS but with the Financial Crimes Enforcement Network (FinCEN), another Department of the Treasury agency.

Most business entities with fewer than 20 full-time employees and less than $5 million in sales or gross receipts (as reported on federal tax returns) will likely be required to complete the BOI disclosure.

Below is some preliminary information for you to consider as you approach the implementation period for this new reporting requirement. This information is meant to be general in nature. It should not be applied to your specific facts and circumstances without consultation with competent legal counsel or another retained professional adviser.

What entities are required to comply with the CTA’s BOI reporting requirement?

Entities organized both in the U.S. and outside the U.S. may be subject to the CTA’s reporting requirements. Domestic companies required to report include corporations, limited liability companies (LLCs), limited partnerships, or any similar entity created by filing a document with a secretary of state or any similar office under the law of a state or Indian tribe. This may even include seemingly innocuous entities such as trusts and estates (including trustees and beneficiaries), homeowner’s associations (HOA), and HOA board members.

Domestic entities not created by filing a document with a secretary of state or similar office are not required to report under the CTA. These are entities formed by other means, like sole proprietorships, family planning trusts, employee retirement plan trusts, or general partnerships/joint ventures, and are likely not required to file a BOI report.

Foreign companies required to report under the CTA include corporations, LLCs, or any similar entity formed under the law of a foreign country and registered to do business in any state or tribal jurisdiction by filing a document with a secretary of state or similar office.

Are there any exemptions from the filing requirements?

There are 23 categories of exemptions. Among the exemptions are publicly traded companies, banks and credit unions, securities brokers/dealers, public accounting firms, tax-exempt entities, and certain inactive entities. Please note that these are not blanket exemptions, and many of these entities are already heavily regulated by the government and thus have already disclosed their BOI to a government authority.

In addition, certain “large operating entities” are exempt from filing. To qualify for this exemption, the company must:

  1. Employ more than 20 people in the United States and

  2. Have reported gross revenue (or sales) of over $5M on the prior year’s tax return; and

  3. Be physically present in the U.S.

Who is a beneficial owner?

Any individual who, directly or indirectly, either:

  • Exercises “substantial control” over a reporting company, or

  • Owns or controls at least 25 percent of the ownership interests of a reporting company

An individual has substantial control of a reporting company if they direct, determine, or exercise substantial influence over its important decisions. This includes any senior officers of the reporting company, regardless of formal title or if they have no ownership interest in the reporting company.

The detailed CTA regulations define “substantial control” and “ownership interest” further.

If, after reading the guidance about which entities are required to comply with the BOI requirements, you’re not sure if you should file, there is little harm in filing the BOI. You may, however, wish to consult with an attorney on this.

When must companies file?

Different filing timeframes apply depending on when an entity is registered/formed or if the beneficial owner’s information changes.

  • New entities (created/registered in 2024) — must file within 90 days of creation/registration

  • New entities (created/registered after 12/31/2024) — must file within 30 days

  • Existing entities (created/registered before 1/1/24) — must file by 1/1/25

  • Reporting companies that have changes to previously reported information or discover inaccuracies in previously filed reports — must file within 30 days

Entities dissolved or terminated during 2024 may still be obligated to file a BOI.

FinCEN has issued five notices extending the filing deadlines for certain reporting companies to submit BOI reports in response to Hurricanes Milton, Helene, Debby, Beryl, and Francine.

What sort of information is required to be reported?

Companies must report the following information:

  1. The full name of the reporting company

  2. Any trade name or doing business as (DBA) name

  3. Business address, state or Tribal jurisdiction of formation

  4. IRS taxpayer identification number (TIN).

Additionally, information on the entity’s beneficial owners and, for newly created entities, the company applicants is required. This information includes the name, birth date, address, and unique identifying number, as well as issuing jurisdiction from an acceptable identification document (e.g., a driver’s license or passport) and an image of such document.

TIP: To decrease the administrative burden, convince each beneficial owner to obtain a unique identifier number from the FinCen website. A unique identifier number is similar to a TSA Pre-Check Number—an applied-for identifier consolidating all the applicant's personal information in one place to expedite the filing and subsequent amendment processes.

What is the Cost of Filing and Risk of Non-compliance

There is no fee for filing the BOI report, which can only be filed online.

Penalties for willfully not complying with the BOI reporting requirement can result in criminal and civil penalties of $591 per day and up to $10,000 with up to two years of jail time. For more information about the CTA, visit Beneficial Ownership Information.

Beware of BOI Fraudulent Scams

FinCEN has learned of fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the CTA.

These fraudulent scams may include:

  • Correspondence referencing a “Form 4022” or “Form 5102” is fraudulent. FinCEN does not have a “Form 4022” or a “Form 5102.” Do not send BOI to anyone by completing these forms. Beware of other non-existent forms.

  • Correspondence or other documents referencing a “US Business Regulations Dept.” This correspondence is fraudulent; there is no government entity by this name.

Please be on the lookout for anything that may indicate that the correspondence you receive is fraudulent. For example, be cautious of any of the following:

  • Correspondence requesting payment. There is NO fee to file BOI directly with FinCEN. FinCEN does NOT send correspondence requesting payment to file BOI. Do not send money in response to any mailing regarding filing your beneficial ownership information report that claims to be from FinCEN or another government agency.

  • Correspondence that asks the recipient to click on a suspicious URL or to scan a suspicious QR code. Those e-mails or letters could be fraudulent. Do not click suspicious links or attachments or scan any suspicious QR codes.

  • Correspondence regarding penalties. FinCEN does NOT send initial correspondence regarding CTA penalties via e-mail or phone. Do not submit payments via phone, mail, or websites; these requests/directions are fraudulent.

As always, use caution when you receive correspondence from an unknown party. Verify the sender. Never give anyone personal information, including beneficial ownership, unless you know and trust the other party.

For more information, FinCEN has prepared Frequently Asked Questions (FAQs) in response to inquiries about the Beneficial Ownership Information Reporting Rule and Beneficial Ownership Information Access and Safeguards Rule.

Most people can probably file their own BOI without help from an attorney or CPA, both of whom may be available to help for a fee.

The more difficult questions may be whether BOI reporting is required or if you are considered a beneficial owner. That might require a legal review of the entity creation documents or the articles of incorporation filed with the secretary of state. Only a qualified attorney can express a legal opinion of whether a BOI filing is required after reviewing the entity's creation documents.

If you would like to review your current investment portfolio or discuss any other financial planning matters, please don’t hesitate to contact us or visit our website at http://www.ydfs.com. We are a fee-only fiduciary financial planning firm that always puts your interests first.  If you are not a client, an initial consultation is complimentary, and there is never any pressure or hidden sales pitch. We start with a specific assessment of your personal situation. There is no rush and no cookie-cutter approach. Each client and your financial plan and investment objectives are different.