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Avoid “Dangerous” Planning Generalizations After New Tax Law

Now that the status quo of tax planning has been upended by the passage of the Tax Cuts and Jobs Act of 2017, wills, trusts, and portfolios are all due for a once-over and advisors are bracing to make sense of some of the most sweeping tax changes in decades. To read the full article in FinancialPlanning, click: Avoid “Dangerous” Planning Generalizations After New Tax Law. ...

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Tax Court and Leading New York and Delaware Cases

Case Law Update February 2018 In this case law update, we review one U.S. Tax Court case that provides guidance regarding when is a bad debt business loss deductible and whether contributions of money to a business is equity or debt. In addition, we present several Delaware Court cases; one of them, a post-dissolution case where one NACVA member (and another inactive member) testified and the court addresse ...

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How to Select a Case Appropriate Mediator

Factors to Consider Finding the Right Mediator Mediation is a dispute resolution process that is now more popular than arbitration. Many contracts require parties use mediation, if a dispute arises; and courts have adopted the use of mediation to help reduce the number of cases headed to trial. Yet with all this popularity, there remains a significant problem with using mediation: getting the "wrong" mediat ...

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Life Insurance Planning After Tax Reform

Tax Overhaul Directly, Indirectly Affects Life Insurance Planning The recent overhaul of U.S. tax law will affect life insurance planning directly through changes to reporting requirements and tax-basis calculations for contracts.  Indirect effects include the likelihood that many clients will no longer need life insurance to pay the federal estate tax, for which the exemption has doubled. To read the full ...

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How Advisors Can Outthink Robots

As the learning capability of machines continues to improve, advisors are increasingly finding themselves outmaneuvered by robots.  These digital advisors are particularly appealing to millennials, who now represent close to half of the U.S. online banking population.  To that end, there is a technological gap as well as a demographic vulnerability that advisors are facing, especially as they help consumers ...

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Is Your Client Ready for Retirement

Many Americans have not saved a sufficient amount to retire comfortably.  Financial advisors can help their clients determine not only when to retire, but also if they should consider working at least part time in their early years in retirement.  Here are a few questions to ask to jumpstart the retirement planning process with clients. To read the full article in FinancialPlanning, click: Is Your Client Re ...

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Why All Values Are Not Created Equal

Understanding Terms and Bridging a Potential Valuation Gap It is not uncommon for litigation to stem from disagreements over the value of privately held companies and ownership interests in those entities. In those situations, many different values are often discussed as the parties attempt to reach a resolution. It is important to make sure that the parties are speaking the same language as far as the type ...

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AARP Wants Prospective Clients to put Advisors on the Record

Financial advisors, more accustomed to fielding questions about fees or the stock market outlook from prospective clients, should get ready to also answer queries about best interest or suitability standards.  This is, if state regulators and AARP have anything to say about it. To read the full article in FinancialPlanning, click: AARP Wants Prospective Clients to put Advisors on the Record. ...

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The Retiree’s Cost of Care Barometer

The Retiree's Cost of Care Barometer is an Excel planning tool designed to help you measure retiree health care costs and deliver funding solutions and planning advice tailored to your clients' needs.  This tool, developed by James A. Shambo, CPA/PFS (retired), will help you unveil the mystery of health care costs. To read the full article in AICPA, click: The Retiree’s Cost of Care Barometer. ...

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Managing the Unique Needs of Ultra-High-Net-Worth Clients

Illiquid assets may constitute a sizeable chunk of the assets owned by ultra-high-net-worth clients, who often have different needs than other clients in areas such as data aggregation.  In many cases, these clients are especially focused on cash flow and philanthropic issues. To read the full article in FinancialPlanning, click: Managing the Unique Needs of Ultra-High-Net-Worth Clients. ...

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Lease Accounting 2018 Update

Overview—Putting it on the Balance Sheet In February 2016, the FASB issued Accounting Standards Update (ASU) 2016-02, Leases (Topic 842). The existing standard has been criticized because its bright line classification criteria enabled entities to structure leases in such a way as to avoid putting them on the balance sheet. The new standard aims to improve and simplify the financial reporting for leases and ...

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Lessons to Learn from SEC Accounting and Auditing Enforcements

Since enacting the Securities Exchange Act in 1934, Congress has repeatedly expanded the arsenal of the SEC to protect investors through enforcement actions.  As a result, the SEC has steadily increased the number of enforcement actions.  The author's analysis of 1,563 accounting and auditing enforcement cases from 2008 to 2014 shows the most frequent securities law violations adjudicated by the SEC, the pe ...

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SEC Should Define “Advisor,” Says CFA Institute

With the fiduciary rule in question, a prominent industry association is calling on the SEC to issue guidance on the use of the term "advisor" when offering advice to retail investors.  The CFA Institute has drafted a letter asking the SEC to take steps–ahead of the full regulatory initiative it is contemplating–to clarify the way financial pros describe themselves and their services. To read the full artic ...

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This Time-Saving Trick Gets Advisors Fired. Don’t do it.

I have a number of elderly clients.  It’s difficult for them to come in and sign documents, and if I overnight it to them, they often come back signed in the wrong place or otherwise incorrectly filled out.  To make life easier for my clients I’ve had them sign blank forms, and then I’ll fill them in as needed.  I’ve never used those forms improperly, but I’ve heard that if my firm finds out I can be in big ...

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Which is Best: EV/EBITDA, EV/EBITA, or EV/EBIT?

Adherence to Development and Reporting Standards in Family Law Litigation When applied correctly, the Market Approach can link value to market evidence and help support a thorough and well-reasoned valuation. However, valuation analysts often struggle with a variety of challenges when applying the Market Approach that include locating and selecting good comparable companies, selecting or calculating various ...

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Sixteen Compliance Trends to Watch in the New Year

Financial advisors face a slew of new regulatory issues in 2018, and when it comes to compliance, they are “better off changing the oil regularly than waiting for the engine to blow up.”  That vivid warning comes from Todd Cipperman, founder of Cipperman Compliance Services, a consulting firm specializing in regulatory compliance.  To find out what to expect next year according to Cipperman, as well as Bao ...

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Last-Minute Revenue Recognition Implementation Tips

The implementation effort surrounding FASB’s new revenue recognition standard is nearing an end for many companies; the deadline for compliance for public companies is the beginning of 2018.  Despite the years of preparation, certain aspects of compliance, particularly the complex disclosure requirements, are being left to the final hours.  Some companies are playing catch-up, scrambling to have their discl ...

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