Ask Liz Weston

Get smart with your money

Stocks

Q&A: Can a brokerage sell your stocks without warning?

By Leave a Comment

Dear Liz: How can I get help after my brokerage’s margin team illegally sold my Tesla and Palantir stock, citing market volatility and not notifying me?

Answer: Just because you don’t like the result doesn’t mean the brokerage acted illegally.

If you took out a margin loan using your portfolio as collateral, the agreement you signed allows the brokerage to sell investments if your account equity falls below a minimum level known as the maintenance requirement.

The firm generally doesn’t have to notify you in advance or let you choose what gets sold. Even if you’re given a deadline to make up the deficiency, the firm can liquidate your investments sooner if it decides waiting creates too much risk.

That’s not all. Brokerages can typically change their maintenance requirements at any time, without notice.

You may have heard the term “margin call” to describe the situation when an account’s equity falls below the maintenance requirement. Some people misunderstand that to mean that the brokerage actually calls you or otherwise gives you warning. That’s not the case.

Carefully read the margin agreement you signed. You can also ask the brokerage to explain in writing what triggered the liquidation.

If you believe there are discrepancies between what the agreement allows and what happened, you can complain to the firm’s compliance department, file a complaint with FINRA or the Securities and Exchange Commission and consult a securities attorney.

This week’s money news

By

This week’s top story: Smart Money podcast on financial fears, and if you need life insurance or not. In other news: What makes a good store credit card, and how to avoid bad ones, tackling financial insecurity, and why stocks and bonds are both falling.

Smart Money Podcast: Financial Fears, and Do You Need Life Insurance?
This week’s episode starts with a discussion about overcoming our financial fears.

What Makes a Good Store Credit Card, and How to Avoid Bad Ones
It’s not that store cards can’t deliver value — in some cases, they can be ideal picks. But before you’re pressured into opening one, know which red flags to watch for.

When Pinching Pennies Isn’t Enough: Tackling Financial Insecurity
Financial counselors, nonprofits and other organizations can help you find your financial footing.

Stocks and Bonds Are Both Falling. Here’s Why.
A look at why the markets declined in 2022, and how to cope with falling stocks and bonds as you near an important financial goal.

Thursday’s need-to-know money news

By

Today’s top story: How to afford your meds and support your health. Also in the news: A new episode of the Smart Money podcast on reducing child care costs, what the S&P bear market means for you, and why you might want to hold off traveling until September.

How to Afford Your Meds and Support Your Health
The cost of prescription drugs in the U.S. can be enough to make you sick.

Smart Money Podcast: Nerdy Deep Dive: How to Reduce Child Care Costs
This week’s episode is a Nerdy deep dive into the cost of child care.

What Does the S&P 500 Bear Market Mean for You?
As of market close Monday, June 13, the S&P 500 has officially entered a bear market.

Don’t Forget: Travel Prices Usually Fall in September
We know it’s tempting to get out traveling again, but waiting until fall could be a big money-saver.

Q&A: What is the capital gains tax, and how big a bite does it take?

By

Dear Liz: We own stocks with enormous capital gains — as in, six figures or more. The tax would be a lot. Any advice on how to limit the tax bite? Our income consists of Social Security and a teacher’s pension.

Answer: Capital gains taxes may be less of a problem than you fear. If your taxable income as a married couple is less than $83,350 in 2022, your federal tax rate on long-term capital gains is zero. (Long-term capital gains apply to profits on stocks held one year or more.) If your taxable income is between $83,350 and $517,200, your federal capital gains tax rate is 15%.

In addition, you may owe state taxes. California, for example, doesn’t have a capital gains tax rate and instead taxes capital gains at the same rate as ordinary income.

Capital gains aren’t included when determining your taxable income, by the way, but they are included in your adjusted gross income, which can affect other aspects of your finances. A big capital gain could determine whether you can qualify for certain tax breaks, for example, and could inflate your Medicare premiums. That’s why it’s important to get good tax advice before selling stocks with big gains.

A tax pro can discuss strategies that might reduce a tax bill, such as offsetting gains with capital losses by selling any stocks that have lost value since you purchased them. You also could consider donating appreciated shares to qualifying charities. If you itemize your deductions, you can deduct the fair market value of these shares. The write-off is typically limited to 30% of your adjusted gross income for the year, although if you donate more you can carry forward the excess deduction for up to five years.

All this assumes that these shares aren’t held in retirement accounts. Withdrawals from retirement accounts are typically taxed as ordinary income and don’t benefit from the more favorable capital gains rates. If the stocks are in an IRA and you’re at least 70½, however, you could make qualified charitable distributions directly to nonprofits and the distributions wouldn’t be included in your income. Again, this is something to discuss with a tax pro before taking action.

Thursday’s need-to-know money news

By

Today’s top story: What to do if you save too much for retirement. Also in the news: The ins and outs of starting a car, financial pros are hanging on to stocks, and why you need multiple savings accounts.

What to Do If You Save Too Much for Retirement
Saving too much for retirement can cause problems as well as saving too little. Beware of IRS rules and penalties.

So You Think You Know How to Start a Car
It’s become much more complicated

Selling Stocks on Inflation Fears? Financial Pros Wouldn’t
The inflation sirens are wailing, but financial pros say there’s no reason to panic.

Why You Need Multiple Savings Accounts
Multiple accounts make it easier to reach your savings goals.

Q&A: It’s not too late for Mom’s stocks

By

Dear Liz: My mother is 68. She has had a sizable amount of money in an old work 401(k) for several years now. Unfortunately, it has been stuck in the most conservative low-growth fund for more than 10 years during a time of great stock market growth. If she changed it to a more aggressive fund now, are there tax implications to consider, and would this be an unwise change at her age?

Answer: Ouch. The stock market as measured by the Standard & Poor’s 500 benchmark rose more than 250% in the last decade. Instead of more than tripling her money, her low-growth fund may have barely kept up with inflation.

She can’t get back those lost returns, but she could allocate her money more aggressively without having to worry about triggering taxes. Money in 401(k)s and most other retirement accounts is taxed only when it’s withdrawn.