February 11, 2019 By

Q&A: Who is an independent contractor?

Dear Liz: You answered a question from a mother who was concerned that her son didn’t understand the financial implications of being an independent contractor rather than an employee. From what she wrote, the company employing him may not be following the law. The IRS has criteria to determine whether the worker qualifies as a contractor. I have been in that situation on at least two occasions. In one of those, the IRS went after the employer for all the taxes it should have paid even though I had paid all the Social Security and Medicare taxes. This could put the worker in a difficult position if the employer is found to be violating the law.

Answer: Thank you for bringing that up. There’s something called the “ABC test” that many states use to determine whether someone can be classified as an independent contractor. Many of the states use just the first and third test (A and C), but a few states, including California, require all three:

The worker is free from the control and direction of the hirer in relation to the performance of the work, both under the contract and in fact;

The worker performs work that is outside the usual course of the hirer’s business; and

The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hirer.

The second prong is what will trip up a lot of businesses hoping to reduce their costs by classifying workers as independent contractors rather than W-2 employees.

Filed Under: Independent Contractors, Q&A Tagged With: ,
February 11, 2019 By

Q&A: Delaying Social Security

Dear Liz: In a recent column you mentioned Social Security’s delayed retirement credit, writing that someone’s benefit could grow 32% by delaying benefits for four years between ages 66 and 70. Four years’ worth of accrued 8% increases in Social Security result in a cumulative increase of 36%, not 32%. I would think any financial planner would understand compound growth.

Answer: Social Security’s delayed retirement credits don’t compound.

Now, you may feel a little silly for pointing out an error that wasn’t actually an error, especially because you could have found the correct answer through a quick internet search (“Is Social Security’s delayed retirement credit compounded?”). But who hasn’t made a similar mistake? Sometimes what we don’t know about money isn’t the problem — it’s what we do know for sure that just isn’t true. (A similar quote is often attributed to Mark Twain, although there seems to be no evidence he ever said or wrote it.)

When I’ve made errors in this column, it’s often because I thought I understood something I didn’t or that my knowledge was up to date when it wasn’t. That’s why it’s so important to double-check our information with authoritative sources.

Filed Under: Q&A, Social Security Tagged With: , ,
February 11, 2019 By

Q&A: Nearing retirement and in debt? Now isn’t the time to tap retirement savings

Dear Liz: I’m 60 and owe about $12,000 on a home equity line of credit at a variable interest rate now at 7%. I won’t start paying that down until my other, lower-interest balances are paid off in about two years. I have about $130,000, or about 20%, of my qualified savings sitting in cash right now as a hedge against a falling stock market. Should I use some of that money to pay off the HELOC? I know I would pay tax on what I pull out of savings, but I’m not sure what the driving determinant is: the tax rate now while I’m working versus tax rate later after retirement? I don’t think there’s going to be a 7% difference in that calculus but please provide your recommendation.

Answer: There are enough moving parts to this situation, and you’re close enough to retirement, that you really should hire a fee-only financial planner.

Getting a second opinion is especially important when you’re five to 10 years from retirement because the decisions you make from this point on may be irreversible and have a lifelong effect on your ability to live comfortably.

In general, it’s best to pay off debt out of your current income rather than tapping retirement savings to do so. You’re old enough to avoid the 10% federal penalty on premature withdrawal, but the decision involves more than just tax rates. Many people who tap retirement savings haven’t addressed what caused them to incur debt in the first place and wind up with more debt, and less savings, a few years down the road.

That might not describe you, as you seem to be on track paying off other debt. But it’s usually best to tackle the highest-rate debts first, which you don’t seem to be doing. It’s also not clear if you’re saving enough for retirement. That will depend in large part on when you plan to retire, when you plan to claim Social Security, how much your benefit will be and how much you plan to spend.

A fee-only financial planner could review your circumstances and give you the personalized advice you need to feel confident you’re making the right choices. You can get referrals from a number of sources, including the National Assn. of Personal Financial Advisors, Garrett Planning Network and XY Planning Network.

Filed Under: Credit & Debt, Q&A, Retirement Tagged With: , , ,
February 4, 2019 By

Q&A: The Social Security waiting game

Dear Liz: I am 66 and had always planned to delay starting Social Security until I was 70. I do not need the income at this point of my life. I am no longer working as my husband has health issues and I do not expect to have any earned income.

But the latest statement I received from Social Security told me that the projected higher amount I would receive at age 70 is based on taxable earnings similar to what I was making before I retired. Now I have concerns that my lack of income will lower the amount of my benefit. Is it best for me to just start Social Security now?

Answer: No. You won’t increase your benefit. In fact, you’d be giving up the guaranteed 8% annual boost you would otherwise get.

Knowing how Social Security calculates your benefit can help you understand why this is true. Social Security bases your check on your 35 highest earning years. If you worked this year, then your 2019 wages could conceivably become one of those highest earning years, displacing a year when you earned less. That typically results in a slight increase to your benefit.

If you don’t work, however — or do work and don’t earn more than you did in one of those 35 highest earning years — your benefit remains the same.

Social Security projections assume you work until you claim benefits, so its estimates may slightly overstate the check you’ll actually get. But you will still receive the delayed retirement credit that boosts your check by 8% for each year you delay starting Social Security after your full retirement age of 66. That’s a 32% increase if you wait until age 70, when your benefits max out, to start. And that is definitely worth waiting for.

Filed Under: Q&A, Social Security Tagged With: ,
February 4, 2019 By

Q&A: Cash is king when it comes to home improvements

Dear Liz: My husband and I are squabbling over how to pay for the pool we may get. We have a line of credit on the house, and rates are still low. I say we use that, make it part of the mortgage and pass the cost on to the next owner (assuming that, someday, we sell this house). He wants to pay cash, which seems insane to me. I don’t pay cash to buy a car — why wouldn’t I finance a pool?

Answer: You probably should pay cash for your cars. Borrowing money is usually advisable only when you’re buying something that can increase your wealth, such as an education that helps you make more money or a home that can appreciate in value. Paying interest to buy something that declines in value generally isn’t a great idea.

Whether a pool can add value to your home depends a lot on where you live. If pools aren’t common in your neighborhood, adding one may not add much if any value. A pool could even place you at a disadvantage by turning off potential buyers who might not want to deal with the hassle and expense of pool maintenance. Parents with young children also may shy away from pools because of the drowning risk.

Adding a pool could increase your home’s value if you live in a warm climate and most of your neighbors have pools. But even then, it’s unlikely that your pool will add as much value as it would cost to install. (Home improvements rarely result in a profit — even the best-considered upgrades typically cost more than the value they add.)

A reasonable compromise might be to finance half the cost and pay cash for the rest. You’ll still want to pay off the line of credit relatively quickly, though. Lines of credit typically have variable interest rates that can make this debt more expensive over time.

You won’t be passing on the cost to the next owner in any case. Any money you borrow against your home has to be paid off when you sell, reducing your net proceeds. That’s yet another reason not to borrow indiscriminately.

Filed Under: Q&A, Real Estate Tagged With: , ,
January 28, 2019 By

Q&A: There can be legal pitfalls in DIY estate planning

Dear Liz: You answered a letter from a reader who was asked to be the executor of a friend’s estate. The reader was worried about being pulled into a lawsuit because the friend planned to disinherit a brother. You mentioned that the friend’s estate will pay the legal fees and other expenses if the brother contests the will and that executors can be compensated for their time. You also should have mentioned the importance of hiring an experienced attorney when disinheriting someone because there are a lot of ways this can go wrong.

Answer: Even Nolo, the self-help legal publisher, warns people that they need to hire an attorney if their estate plans are likely to be contested. A do-it-yourself estate plan can wind up costing far more than it saves if the parties wind up in court.

Filed Under: Estate planning, Q&A Tagged With: ,
January 28, 2019 By

Q&A: Social Security survivor benefits complications

Dear Liz: My husband started collecting Social Security benefits at age 62. I was still working at the time. When I reached my full retirement age of 66, I started collecting spousal benefits, or 50% of the benefit he received. After I reached age 70 and retired, I switched over to my own benefit as it was a larger amount.

If my husband should die first, can I switch back to a survivor benefit based on his earnings record or do I have to continue collecting my own? As I understand it, the survivor benefit would be 100% of his benefit, which is more than I currently receive.

Answer: When one of you dies, the survivor will get one check instead of two, and the amount will be the larger of the two benefits you’re receiving now. So if he dies first, you’ll essentially stop getting your check and start collecting a survivor’s benefit equal to his.

You were lucky that you were able to file what’s known as a “restricted application” to get spousal benefits first, so that your own benefit could continue to grow. That option is not available to people born on or after Jan. 2, 1954.

But it’s unfortunate that your husband started benefits early because that permanently reduces the amount the survivor will receive in the future. Typically it’s best for the higher earner in a couple to delay receiving Social Security benefits as long as possible to maximize what’s left for the survivor.

Filed Under: Q&A, Social Security Tagged With: , ,
January 28, 2019 By

Q&A: Independent contractors face a wealth of tax consequences

Dear Liz: My son was recently hired in his dream job, but his employer has classified him as an independent contractor rather than as an employee. This would be his first time drawing pay without all the taxes, benefits, insurance and so on taken out. I’m afraid he’s only seeing the good wage and not the flip side.

He’s a newlywed and doesn’t need his mama telling him what’s what. I thought if I sent him this “anonymous” letter that appeared in your column, that advice would be coming from you and he might just listen!

Answer: If your son doesn’t listen, that dream job could turn into a tax nightmare.

Tax pros often suggest their self-employed clients put aside half of what they earn to cover taxes and other obligations. Independent contractors have to pay both the employer and employee portion of Social Security and Medicare taxes, or roughly 15.3% instead of the 7.65% regular workers pay. That’s in addition to whatever federal, state and local income taxes he’ll owe.

He’s now required to make quarterly estimated tax payments because ours is a “pay as you go” system. Employees typically have those taxes withheld, but independent contractors must make quarterly estimated tax payments by Jan. 15, April 15, June 15 and Sept. 15. (The deadlines are moved to the following Monday if those dates fall on a weekend.) If he waits until he files his annual tax return to pay, he’ll probably owe penalties.

He also may need to register his business with his city or county and get a tax registration certificate.

If he doesn’t get health insurance through his spouse, he’ll need to find a policy, probably through an Affordable Care Act exchange. He also should save at least something for retirement. Although the self-employed have several good options for retirement savings, including SEP IRAs and solo 401(k)s, he’ll have to do without the “free money” that company 401(k) matches represent.

Business insurance may be another concern. He may need coverage to protect against lawsuits, disabilities and other potential setbacks.

Your son would be smart to hire a tax pro, such as an enrolled agent or CPA, to help him navigate this brave new-to-him world of self-employment.

Filed Under: Q&A, Taxes Tagged With: , ,
January 21, 2019 By

Q&A: Claiming Social Security can get complicated

Dear Liz: I am 63 years old, born in November 1955. My husband and I divorced five years ago after 37 years of marriage. I work full time and plan to continue until age 70 at least. Am I eligible for the option of applying for restricted benefits under my ex-husband’s Social Security when I turn 66 and then switching to my maximum benefit at age 70? He was always a much higher wage earner than I was, and I’m confused about whether I qualify for any of his Social Security benefits.

Answer: You’re not eligible to file a restricted application for spousal benefits, which would allow you to claim a benefit based on a husband’s or ex-husband’s benefit while allowing your own benefit to grow. Congress eliminated the restricted application option for people born on or after Jan. 2, 1954. Instead, when you apply for benefits, you’ll be “deemed” to be applying for both your own retirement benefit and any spousal or divorced spousal benefit to which you might be entitled, and will essentially get the larger of the two. You can’t switch later.

Something you should keep in mind: Although your own benefit can grow 8% each year you delay, between ages 66 and 70, spousal benefits don’t earn such delayed-retirement credits. There’s no incentive, in other words, for you to wait beyond age 66 to claim Social Security if the spousal benefit is going to be the larger of the two benefits you could receive.

Social Security claiming rules can be complicated. If you don’t have a trusted financial advisor who is well versed in claiming strategies, consider spending $40 or so for a service such as MaximizeMySocialSecurity.com, which can analyze your particular situation and suggest the smartest option.

Filed Under: Q&A, Social Security Tagged With: , ,
January 21, 2019 By

Q&A: Is it smarter to save for retirement or pay off debt first?

Dear Liz: I graduated from college in May and began a full-time job in October making $36,000. I also do freelance work and receive anywhere from $500 to $1,000 a month from that. I live at home, so I don’t have to pay for rent or groceries, which really helps. Currently, I have just over $18,800 in student loans at an average interest rate of 4.45%. I have also opened a Roth IRA.

My plan currently is to contribute $500 a month to my IRA in order to max it out, and pay $700 a month to my student loans in order to get them out of the way quickly. Or is it better to skip the Roth and put that extra $500 toward my student loans? That way, I would be debt free when I move out of my parents’ house next year. The stock market has done nothing but fall since I opened my account, and I am reading that it could do the same this year as well. But I have also read that it’s good to just keep consistently contributing to an IRA when your debt isn’t high-interest to reap the rewards of compounded returns.

Answer: It’s generally a good idea to start the habit of saving for retirement early and not stop. What the market is doing now doesn’t really matter. It’s what the market does over the next four or five decades that you should care about, and history shows that stocks outperform every other investment class over time.

The $6,000 you contribute this year could grow to about $100,000 by the time you’re in your 60s, if you manage an average annual return of around 7%. (The stock market’s long-term average is closer to 8%.) And Roth IRAs are a pretty great way to invest, because withdrawals are tax-free in retirement.

That said, your other option isn’t a bad idea either. You are not proposing to put off retirement savings for years while you pay off relatively low-rate debt, which clearly would be a bad idea. Instead, what you’re losing is the opportunity to fund a Roth for one year. That’s an opportunity you can’t get back — but you could fully fund the Roth next year, and perhaps use some of your freelance money to fund a SEP IRA or solo 401(k) as well.

Either way, you should be fine.

Filed Under: Q&A, Retirement, Student Loans Tagged With: , , ,