Ask Liz Weston

Get smart with your money

Taxes

Tuesday’s need-to-know money news

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Today’s top story: 5 simple ways to get out of credit card debt faster. Also in the news: Why you should take a first-time homebuyer class, taxes on micro-investing earnings, and 10 frugal back-to-school shopping tips.

5 Simple Ways to Get Out of Credit Card Debt Faster
Becoming debt-free faster.

First-Time Home Buyer Class: Why Take It?
You could have a lower monthly payment.

Don’t Forget About Taxes on Microinvesting Earnings
Those apps come with 1099s.

10 Frugal Back-to-School Shopping Tips
Back-to-school doesn’t have to break your budget.

Q&A: This 529 college savings plan has a problem: no kids

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Dear Liz: When I found out I could save for my future children by enrolling in a 529 college savings plan and not pay taxes on the growth, I started doing that three years ago. Since then I got married, and my wife decided to get an MBA. I have $41,000 saved away for my currently nonexistent children. Am I able to transfer that money to my wife and use it to pay for her MBA without getting penalties?

Answer: Yes.

The beneficiary of your 529 plan is not actually your unborn children, since you can’t open these plans for nonexistent kids. When you started the account and were asked for the beneficiary’s Social Security number, you probably provided your own.

That could have created a small problem down the road when you did have kids because changing the beneficiary to someone one generation removed — from parent to child, for example — is technically making a gift, and gifts in excess of $15,000 per recipient per year are supposed to be reported to the IRS using a gift tax return. Fortunately, you wouldn’t actually owe any gift tax until you’d given away several million dollars above that annual limit.

By contrast, changing the beneficiary to a family member in the same generation — from yourself to a spouse, for example — is not considered a gift and wouldn’t trigger the need to file a gift tax return.

Friday’s need-to-know money news

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Today’s top story: Tax planning for beginners – 6 concepts to know. Also in the news: Credit score up? How to build your credit smarts too, why it’s time to find a safety deposit box alternative, and here’s how much money Americans say you need to be ‘rich’.

Tax Planning for Beginners: 6 Concepts to Know
Basic steps to shrink your tax bill.

It’s Time to Find a Safe Deposit Box Alternative
Not as secure as we once thought.

Here’s how much money Americans say you need to be ‘rich’
Do you qualify?

Monday’s need-to-know money news

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Today’s top story: Logical credit moves that can lead to trouble. Also in the news: Investing is within Millennials’ reach, ditch the dealership with online used car sellers, and what you should know about the qualified small business stock tax exclusion.

5 ‘Logical’ Credit Moves That Can Lead to Trouble
Common sense doesn’t always work in your favor.

Take Heart, Millennials — Investing Is Within Your Reach
Just make sure your financial foundation is strong.

Ditch the Dealership With Online Used Car Sellers
Get in the driver’s seat from your couch.

If Your Compensation Package Includes Stock, You Should Know About This Tax Rule
The qualified small business stock exclusion.

Q&A: Escaping California’s tax auditors is tough even after leaving the state

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Dear Liz: My husband and I will be trying out several different areas after the sale of our Los Angeles area house, which will be some time this summer. What happens if we end up renting in three different states? I’m under the impression that we need to be able to prove that we resided in a particular state for six months and one day in order to say we are residents of that state. Even though my husband has been retired for many years, he still does a small amount of business through a company based in Southern California. Will we be forced to pay California tax even though we are residing elsewhere?

Answer: California, like other higher-tax states, has residency auditors whose specialty is asserting that affluent people who have left the state are still legal residents and thus are subject to its taxes. The audits can be stunningly thorough, looking at everything from the doctors you visit to where your artwork and other valuable possessions are stored.

If audited, you would need to prove that you have a fixed, permanent residence elsewhere and that it’s truly your home. And yes, it’s up to the taxpayer to prove this — there’s no presumption of innocence in tax audits, says tax attorney Mark Klein, chairman of Hodgson Russ LLP in New York City. (New York is another state with notoriously hard-nosed residency auditors.)

Just leaving the state for six months and registering to vote elsewhere typically won’t be enough. You likely would need to spend substantially more time in your new “home” state than in California. Klein, who recently taught a session on establishing residency at the AICPA’s annual ENGAGE conference, tells his clients to spend at least two months in the new place for every month they spend in the old one.

Also, you should “stick the landing,” in Klein’s words. Let’s say you try to establish residency in Nevada but then move to Florida by the time California’s auditors find you. They may well decide that your Nevada stay was temporary and that you were still subject to California taxes during the time you lived in the Silver State.

Escaping the long arm of California’s tax auditors could be tough while you’re still figuring out where to live next. You’d be smart to consult a CPA experienced with California residency audits for advice on how to cut ties to the state cleanly.

Q&A: Consult a pro when planning elder care

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Dear Liz: My parents and I are discussing the best ways to protect their assets if one of them must live in a nursing home. Their home is paid off, and we were wondering if adding my name on the deed will secure the home from a mandatory sale for caregiving expenses. Please note, I am the only child. Also, I may want to live there someday to care for the other parent. Looking for the best options for saving money and avoiding inheritance tax for this asset.

Answer: Please consult an elder law attorney before you take any steps to “protect” assets because the wrong moves could come back to haunt you (and your parents).

It sounds like you’re contemplating the possibility that one of your parents may wind up on Medicaid, the government health program for the poor that covers nursing home costs. Medicaid has a very low asset limit and uses a “look back” period to discourage people from transferring money or property just so they can qualify. In most states, transfers made within 60 months of the application are examined and, if found to be in violation of the rules, used to determine a penalty period to prevent someone from qualifying for Medicaid coverage. In California, the look-back period is 30 months.

The state can attempt to recoup Medicaid costs from people’s estates by putting liens against their homes. You might see that as an “inheritance tax,” but inheritance taxes are taxes imposed in a few states on people who inherit money or property. Although all states try to recoup Medicaid costs, only six — Iowa, Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania — have inheritance taxes, and these either exempt or give favorable rates to children who inherit.

Having your name added to the deed can cause problems, as well. Your creditors could go after the home if you’re sued, and you could lose a portion of the step up in tax basis you would get if you inherited the house instead. If you’re married and get divorced, your portion of your parents’ home could be considered a “marital asset” that has to be divided.

It’s great that you and your parents are trying to plan for long-term care, but you should seek out professional guidance.