This posting is courtesy of attorney Marc Soss of Florida:

The aging demographics of the United States coupled with the Pension and Recovery Act of 2006 (the “PPA”) and Deficit Reduction Act of 2007 (“DRA”) have provided an excellent planning opportunity to create tax efficient vehicles to solve a clients’ long-term care planning needs. Beginning on January 1, 2010, a tax-free planning option will become available for individuals who desire to provide for long-term medical care by utilizing an existing annuity or life insurance contract purchased after 1996. While not a new concept (it dates back to 1997), the 2010 tax-free planning opportunity may be beneficial to an individual with a larger than needed life insurance policy death benefit, unaffordable monthly or annual premiums, an under-performing or matured deferred annuity contract, or the desire to incorporate long-term medical care into his or her estate plan. 

Under the PPA provisions, annuity funds may be withdrawn completely tax-free on a FIFO (First-in, First-out) basis for long-term care benefits (amending Section 72(e) of the Internal Revenue Code). The PPA also includes a “1035 exchange” option which allows for the tax-free and penalty free basis withdrawal of the entire annuity value for qualified long term care expenses. However, no income

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We regularly receive emails from entrepreneurs and business owners who have questions related to business plans, raising capital, and starting a business. We were recently contacted by a gentleman in the United Kingdom who was preparing a plan for his start-up and was unsure how to outline an effective exit strategy for his prospective investors.

I wanted to share a part of the response prepared by my business partner, Jimmy Lewin, in hopes it may assist you in your business plan.

“Hi James. Thank you for visiting our site and for your kind words. I am responding to your query about exit strategies. I

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California Second Mortgages – Which One The Good Choice?

A mortgage is a long-term loan for a big quantity, commonly taken for a property or a house. It is a form of home loan except that it is termed for longer. Mortgages are available through a bank, private lenders, or property sellers.

One advantage of considering a mortgage loan over other sorts of loans is that there can be multiple mortgages for a particular property. Although many than one mortgage can exist, it is crucial to pay off the mortgages in the order of priority, i.e., the first mortgage requires to be cleared of first, and then the second and so on. H

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The 14-day ultimatum the Governments of Kenya and Uganda gave shareholders of the troubled Rift Valley Railways (RVR) still stands.

Addressing the press in his Transcom House office in Nairobi, Kenya’s Transport minister Chirau Ali Mwakwere, said as far as the two governments were concerned, it was up to the shareholders “to put their house in order by sorting out their boardroom wars.”

“If they (shareholders) cannot use the period to put their house in order as the Joint Railway Commission asked them last week (on January 11, this year), the issue will be reported to us as ministers and we will take the necessary action,” he said FrIday.

This means the shareholders — Sheltam (35 per cent), Transcentury Ltd (20 per cent), Prime Fuels Kenya (15 per cent), Babcock Brown (10 per cent), Centum Investments (10 per cent) and Mirambo Holdings (10 per cent) — have to sign an agreement that they were supposed to sign on November 25, 2009

However, Mr Mwakwere declined to state whether the action includes cancellation of the concession agreement when questioned, holding that he is bound by the commission to only issue joint statements on the matter.

“I am burning to tell you what I think but I cannot do it unless we do it jointly,” he said.

After a meeting of the Commission in Nairobi, the shareholders were given 14 days to sort out their differences and join a new entity, the Kenya Uganda Railway Holdings Ltd, which is owned by the two governments.

An increasing number of young people are opting to become an entrepreneur as their career of choice. With entrepreneurs such as Richard Branson, Steven Jobs, Duncan Balentine, Peter Jones and numerous others are receiving an increasing amount of air time in the press and young people becoming ever more independent, becoming an entrepreneur through starting their own business is an attractive option. So if you are a young entrepreneur and you have your business plan drawn up, what are your options for business finance?

The entrepreneurial drive for twenty-somethings is increasing every year, and there are plenty of successful entrepreneurs who began their enterprises well before their twenty-fifth birthday.

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The Dow Jones Newswire quotes Rep. Charles Rangel, Chair of the House Ways and Means Committee, as saying that he does not favor retroactive estate tax legislation (to January 1, 2010). The same article quotes Rangel’s Senate counterpart, Sen. Max Baucus, Chairman of the Senate Finance Committee, as saying he wants retroactivity.  What’s an estate planner to do?  I’m advising my clients to plan for both sets of laws – estate tax and the modified carryover basis rules.