Q&A: Facing retirement with parent student loans? Transfer them to the kids

Dear Liz: I’m 60. Should I take a $50,000 distribution from my 401(k) to pay down my $146,000 parent Plus college loan and then try to refinance the balance with a private lender at a lower interest rate? I have $364,000 in my 401(k). I’m paying 8% interest on the parent Plus loan and planning to retire at age 66 years and 10 months, my full retirement age for Social Security.

Answer: Are you sure you can afford to retire?

You would still have a massive amount of education debt even after paying it down, plus a smaller nest egg. Unless you have a substantial amount of savings outside your 401(k) or another source of income besides Social Security, you could run a substantial risk of running short of money even if you can persuade a private lender to refinance your debt.

That may not be the best option, in any case. Federal loans have more consumer protections, including deferral and forbearance options and income-contingent repayment plans that could lower your payments.

Refinancing with a private lender might make the most sense if you can transfer this debt to the child or children who benefited from the education. Several private lenders offer this option if the kids have good credit and decent incomes.

In any case, you’d be smart to consult a fee-only financial planner who can review the specifics of your finances and offer advice.

Q&A: Student loan forgiveness fail

Dear Liz: You recently answered a question from someone who had defaulted on federal student loans. You mentioned ways to get out of default and qualify for income-driven repayment plans that could reduce her monthly payments. Couldn’t she also qualify for student loan forgiveness?

Answer: There are programs that are supposed to allow federal student loan balances to be forgiven after 10 years of payments for people in public service jobs and after 20 or 25 years for other borrowers. It’s questionable how much anyone should count on getting this relief, however.

Last year was the first time borrowers qualified for forgiveness under the 10-year public service program, which was enacted under President George W. Bush in 2007. The Department of Education has denied the vast majority of applicants their expected relief. Nearly 40,000 people had applied by Dec. 31 and fewer than 300 people have been approved, according to the Washington Post.

Critics say the U.S. Department of Education has set much more rigid standards for approval than anything Congress envisioned when creating the program. Many applicants also relied on erroneous advice given by the private companies that service federal student loans.

It’s possible that lawsuits, or Congress, will force the Education Department to forgive more of the debt. But if this is what can happen to people who have given a decade of their lives to public service, one has to wonder how much relief other borrowers can expect to get.

Liz Weston, certified financial planner, is a personal finance columnist for NerdWallet. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizweston.com.Distributed by No More Red Inc.

Q&A: Don’t make this Social Security mistake when planning retirement

Dear Liz: I’m 64, single, and was diagnosed with Type 2 diabetes. I still work full time but due to my health, it’s getting harder to do. I have a 401(k) from this job. I’m just wondering how smart would it be, all things considered, to retire now and collect Social Security since the chances of my living another two to four years don’t seem high. What are your thoughts?

Answer: A large body of research shows most people are better off delaying Social Security. Your situation may be one of the exceptions, or it may not be.

A man age 65 in the U.S. can expect to live, on average, to 84, according to the Social Security Administration. A woman age 65 can expect to live, on average, to nearly 87. That’s beyond the typical “break even” point, where the benefits of larger Social Security checks for life outweigh the cost of missed checks from not claiming earlier.

But most people shouldn’t base their claiming strategy on break-even points alone. Dying too soon and not being able to get the maximum payout from Social Security is certainly a risk. But a much bigger risk is longevity. The longer you live, the higher the odds of running short of money and having to get by on Social Security alone.

Those risks are greater than many people think. A 65-year-old man has a 20% chance of living to age 90, while a 65-year-old woman has a 32% chance, according to the Society of Actuaries.

If the man and woman are married, there’s a 45% chance that one will live to age 90. That’s why it’s so important for the higher earner in a marriage to put off claiming as long as possible, since doing so will generate a bigger check for the survivor to live on. (Single people also are exhorted to delay claiming, since they will be living on just one check, rather than two.)

People with more education and higher incomes tend to live longer than average, while those in poor health obviously can have shorter life expectancies. A terminal diagnosis certainly changes the math. But you didn’t say why you expect to live only two to four more years. Various studies have estimated that Type 2 diabetes could shave five to 10 years off the typical life expectancy, which would still have you living well into your 70s. If you went through your savings as if you were going to live four years but wound up living 14, that last decade could be pretty uncomfortable.

None of this means you can’t retire now, but like everyone else, you should balance the desire to make the most of the time you have left with the risk that you may live longer than you think. A fee-only financial planner could help you think through the options and run various financial scenarios so you can see how your decisions could play out over time.

Q&A: Figuring home-sale taxes

Dear Liz: My husband and I bought a home in Los Angeles in 1976 for $200,000. He died in 1992. The value of the house was at that time about $850,000. (I had it appraised.)

I want to sell the house now. The value is about $2 million. How much would be the stepped-up base for capital gain tax when I sell it?

Answer: In most states, only your husband’s half of the home would have gotten a new tax basis at his death. (A tax basis is used to determine potentially taxable profit.) In community property states such as California, however, both halves of a property get the step up in basis when one spouse dies.

You can add to your basis any commissions or fees paid to purchase the property and the cost of any additions or improvements. What you spent on maintenance and repairs doesn’t count. The improvement must add to the value of your home, prolong its useful life or adapt it to new uses to qualify, according to the IRS.

To figure your taxable profit, you’ll take the net amount you receive from the sale — the sale price minus any commissions or fees paid to sell the home — and subtract your basis from that. You can exempt up to $250,000 of the home sale profit, but you would pay long-term capital gains rates on the rest.

Let’s say you invested $150,000 in improvements over the years. That would be added to your $850,000 basis for a total adjusted basis of $1 million. Let’s also assume you pay $100,000 in commissions to sell your home, netting $1.9 million. Your $1 million basis would be subtracted from the $1.9 million, leaving you with a $900,000 home sale profit. Because $250,000 of that would be exempt, you would owe long-term capital gains tax on $650,000.

Q&A: When student loan payments overwhelm, here’s a pathway out

Dear Liz: I went to college in 2004. I did it the American way with student loans. Well, my son had a bad seizure that put him on life support for three weeks. I had to quit college to take care of him. So now I’m in hock with no degree. He is on disability but that doesn’t cover much.

The federal government is now taking my tax refund. I used to get money back that helped him and me. So now what? I still don’t make enough and never will to pay back the loans.

Answer: Because these are federal student loans, you have some options to get out of default and get a payment plan you can afford. Otherwise, the government will continue taking your refunds until the debt is paid back. (The feds can even take a chunk of people’s Social Security checks, which are protected from other creditors.)

Since you can’t pay the debt in full, the fastest way out of default would be to make three full, on-time monthly payments and then consolidate the loans into a new Direct Consolidation Loan. (It’s important to know these terms, because the private companies that service federal loans don’t always give complete or accurate information.)

Once you have a Direct Consolidation Loan, you can qualify for an income-driven repayment plan. Your payments would be 10% of your discretionary income, defined as the difference between your total income and 150% of the poverty guideline for your family size and state of residence. Your payments can be reduced to zero if your income is low enough.

Another option is to “rehabilitate” your loan, which would require you to make nine monthly loan payments within 10 consecutive months. You can’t be more than 20 days late on any payment. Your new monthly payment will be 15% of your discretionary income as defined above. You also may request a lower amount.

You can find more information about getting out of federal student loan default at the Education Department’s student aid website StudentAid.ed.gov.

Q&A: Avoiding capital gains

Dear Liz: In a few years, my husband and I will sell our large primary residence and move into a smaller home for our retirement. We are both over 55. We currently rent out the smaller home and pay a mortgage on it. We will realize a small capital gain on the large residence when it is sold. Rather than use our one-time exclusion for the sale of a primary residence, can we avoid capital gains by putting the small profit toward paying down the mortgage principal on the smaller home when it becomes our primary residence shortly after selling the large house?

Answer: The ability to defer capital gains taxes on home sales and the one-time exclusion for home sale profits were repealed in 1997. Before that, capital gains taxes were typically due on home sale profits unless the homeowners bought a house of equal or greater value within two years of the sale. The exception was for people 55 or older, who could exclude up to $125,000 of home sale profit from their incomes once in their lives.

Now, when you sell a home, regardless of your age, up to $250,000 in home sale profits can be excluded by an individual or $500,000 by a married couple. You can do this multiple times, as long as you live in each home at least two of the preceding five years.

There are some issues with converting a rental property into a primary residence, however, especially if you should want to sell it someday. You should discuss this with a tax professional.

Q&A: Here’s a big mistake to avoid when planning your wedding

Dear Liz: Would you advise taking money out of your 401(k) for your wedding if you’re getting a lump sum of money within the same year and can pay the full amount back?

Answer: How about postponing the wedding until you can pay for it in cash?

That would be so much better than starting your life together “betting on the come” — in gambling parlance, counting on cards that haven’t yet been dealt into your hand. There are so many ways that can go wrong and only a few where it can go right.

The most obvious risk in borrowing from your 401(k) is that you will lose your job and won’t be able to pay back the money before the balance is deemed a withdrawal, incurring taxes and penalties. Plus, you can’t put the money back, so you’ve lost all the future tax-deferred compounding those savings could have earned.

You’re also setting a seriously bad precedent for your marriage when you borrow money for a luxury, which is what a wedding is. (You also might want to read the Emory University study that found the duration of a marriage was inversely proportional to how much was spent on the engagement ring and wedding. The more spent, in other words, the shorter the marriage.)

It’s easy to get in the habit of borrowing rather than making hard choices or having hard discussions. But a good marriage, and sound finances, requires plenty of both. Give yourselves the gift of a wedding you can afford, when you can afford it.

Q&A: Social Security spousal benefits

Dear Liz: My husband is 78 and receives a large Social Security check every month. I will be 66 in two years. Should I take my benefit then — we may need it — and then switch to his benefit if he dies before I do? His benefit will be much higher than mine. I see that some of your older posted responses mention a spousal benefit. I think this is no longer offered as of a few years ago — is that correct?

Answer: Spousal benefits, which can be up to 50% of the primary earner’s benefit, are still very much available. What was eliminated for people born on or after Jan. 2, 1954, was the option of filing a restricted application for spousal benefits only, and then switching to one’s own retirement benefit later.

When you apply for Social Security, your spousal benefit is compared to your own benefit and you’ll get the larger of the two. When one of you dies, the survivor will get only one check, which will be the larger of the two you received as a couple.

Q&A: Rules for inherited property

Dear Liz: If someone owns an asset, such as a home or stocks, and passes away, the heirs can get a stepped-up cost basis. What if that same person also owned a second home, vacation property and rentals? Do those properties also get a stepped-up cost basis for the heirs?

Answer: Typically, yes. A step-up in cost basis means that the increase in value that happened during a person’s lifetime isn’t subject to capital gains taxes. Let’s say your mom bought a stock for $2 and it was worth $10 at her death. If she had sold it herself just before she died, or given it to you to sell, taxes would be owed on the $8 gain. If she bequeathed the stock to you in her will instead, you could sell it for $10 and owe no tax. If the price went up to $11 before you sold, you would owe tax on the $1 gain since her death.

The step up in basis also wipes out the need to recapture depreciation taken for rental and commercial properties, says tax expert Mark Luscombe, principal analyst at Wolters Kluwer Tax & Accounting. (Depreciation is the loss in value over time due to age and wear and tear. Depreciation write-offs allow owners to deduct over several years the costs of buying and improving a rental or commercial property.) If your mom owned an apartment building and wrote off the depreciation, she would need to pay depreciation recapture taxes if she sold it. If you inherit the building, by contrast, you not only don’t owe taxes on the depreciation she took, but you can start depreciating the building all over again.

There’s an important exception to these general rules, however. If your mom placed the asset in an irrevocable trust before her death, it would be treated the same as a gift when you inherit it after her death, Luscombe says. You would get her basis, which means you would owe taxes on all the gain that happened during her lifetime plus any depreciation recapture taxes when you sold the asset.

Irrevocable trusts aren’t the same as the revocable living trusts people use to avoid probate, but are sometimes used when people are trying to get assets out of their estates to reduce future estate taxes. For the vast majority, though, estate taxes are no longer an issue, so irrevocable trusts can cause potentially unnecessary tax issues.

Q&A: Ask yourself these questions before using savings to pay off student debt

Dear Liz: I’m wondering whether I should use part of my emergency fund to pay off student loans. I currently have $15,000 in an emergency fund to cover three to six months of my living expenses and owe $18,000 in federal student loans. I’ve been feeling the itch to pay off a chunk of my student loans to reduce the years (and interest) I have to keep paying. I’d like to use $5,000 to $6,000 of my emergency fund to put toward the loan. For context, I’m already contributing 15% to my 401(k) and have no other debt.

Answer: First of all, well done. The fact that you have any emergency fund puts you ahead of the game, plus it’s great that you’re also saving for your retirement and avoiding credit card debt.

There are a few things to consider before using savings to pay down your loan. “Prepaying” a student loan is different from paying down credit cards. Reducing credit card debt typically frees up additional credit that you could use in an emergency. Paying down credit card debt also can help your credit scores by reducing your “credit utilization,” or the amount of your available revolving credit that you’re using. Extra money sent to a student loan lender, by contrast, can’t be clawed back if you should need it and doesn’t help your scores as much.

Federal student loan debt has other advantages. Interest rates tend to be low, and up to $2,500 of interest can be subtracted from your income even if you don’t itemize. That is a valuable “above the line” adjustment that can help you qualify for other tax breaks.

You shouldn’t hang on to debt just because of the tax savings, of course, since the value of the tax break usually is much less than the interest you pay. But most people have better things to do with their money than pay down low-rate, tax-deductible debt, especially if they have other types of debt, haven’t maxed out their retirement savings and don’t have an adequate emergency fund.

Which brings us back to your situation. You’ve checked all those other boxes. If your job situation is reasonably stable, then using a chunk of your savings to pay down debt can make sense — particularly if you have access to credit or other funds, such as help from friends or family, as a backup while you rebuild those savings.