Accounting Society Photoshoot


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Took some pictures for the upcoming Beta Alpha Psi and Accounting Society social at the Soroptomist House at CSULB.

Please not that I did not do any of the Photoshop work. I just took the pictures. Hope you enjoy!

© 2009 Chris Hiramatsu Photography,
Some Rights Reserved. This work is licensed under a
Creative Commons Attribution-Noncommercial-No Derivative Works License.

What You Need to Know About Retirement Accounts

While looking at planning your retirement, you may have noticed there are a wide variety of retirement accounts available to choose form. This article will give a detailed breakdown and comparison of the different retirement accounts to help you decide which is the best choice based on your circumstances.

Individual Retirement Account (IRA)

The Individual Retirement Account (IRA) is a tax deductible defined contribution retirement account. This means that taxes are not paid that year for any money deposited in your IRA. Instead, withdrawals made from the account upon retirement are taxed as income.

Pros:

Tax deferred until withdrawal. Individual, customized control of investments. Tax deferral of investment growth

Cons:

Very low yearly contribution allowance of ,000. 10% withdrawal penalty. Lack of liquidity if the contributor needs the money for another purpose.

An individual Retirement Account allows the account holder to make investments using the funds in their retirement account. This means they can allocate the funds across a variety of stocks, bonds, and mutual funds. The importance of this is that any growth in these investments is tax deferred until withdrawal along with all funds in the account.

The negative side of this tax deferral is that the growth of investments will be taxed at your income tax rate rather than capital gains which is 15%. For the tax advantage to really come through, the funds in an Individual Retirement Account (IRA) must be allowed to have time for growth. In general, it is advantageous when the Individual Retirement Account (IRA) is allowed to grow for more than 20 years before withdrawal for the tax deferral to be advantageous.

A disadvantage of the Individual Retirement Account (IRA) is the low deposit limit of only ,000 a year with a catch-up addition of ,000 a year allowed for individuals 50 or older. Also, funds can be difficult to withdraw from an IRA before the designated age of 59 ½ is reached. To see a more detailed analysis of an Individual Retirement Account (IRA).

When is a Roth IRA for me?

The Roth Individual Retirement Account (IRA) is an account that is not tax deferred; therefore taxes are paid on any money before it is deposited in the Roth Individual Retirement Account (IRA). This can be advantageous for individuals who expect to have a higher income upon retirement so would rather pay the current lower tax rate than a future expected higher tax rate.

When is a SEP IRA for me?

The Simplified Employee Pension Individual Retirement Account (SEP IRA) is an Individual Retirement Account (IRA) specifically meant for self-employed individuals and their employees. The account is shared among all members involved and uses a profit-sharing model. The contribution limits for an SEP IRA are the lesser of 25% of income or ,000 in 2009. All members of the SEP IRA are required to make the same contribution.

A SEP IRA can be advantageous to a business owner due to its higher contribution allowance. It is not really an option for individual retirees who do not own a business of their own. All contribution made to the SEP IRA are made by the employer and not by employees themselves. Thus, the business owner must evaluate whether the tax benefits of expensing these costs and the increased benefits to their employees are worth the cost of increasing their own retirement contributions.

Comparison of Individual Retirement Accounts (IRA) to 401k

401k and Individual Retirement Accounts (IRA) are similar in that they both are tax-deferred retirement accounts which can increase in value over time before funds are withdrawn and they both have restrictions on fund withdrawal. One difference is that the contribution limit is only ,000 a year for an Individual Retirement Account (IRA) while it is ,500. A 401k also has the possibility of employer contributions in addition to your personal contributions.

In general, it is a good idea to prefer your 401k plan over your Individual Retirement Account (IRA) due to the higher limits and employer contributions. Before using this as a hard and fast rule, it is best to review what types of investments are made within your employer sponsored plan and your Individual Retirement Account (IRA) and what type of contributions are made by your employer.

Comparison of Individual Retirement Accounts (IRA) to Retirement Annuity

Both an Individual Retirement Account (IRA) and a Retirement Annuity are tax deferred retirement accounts. Unlike an Individual Retirement Account (IRA) which has a ,000 contribution limit, a retirement annuity has no contribution limits. Both accounts have a 10% penalty for early withdrawal.

The main feature a retirement annuity has that an Individual Retirement Account (IRA) does not is its variety of guarantees. These guarantees include a guarantee to receive a minimum income per year after retirement and guarantees that the accounts value will be at a minimum level in the future. But these features come at a cost of about 3% a year in fees.

It is generally a poor idea to invest in a retirement annuity rather than an Individual Retirement Account due to these high fees charged. If the benefits being offered are worth the 3% annual fee due to your circumstances, a retirement annuity would be something to consider looking into.

401K

A 401k is a retirement account sponsored by your employer. It is a defined contribution plan where you contribute a certain portion of your income into the account.

Pros:

Tax deferred until withdrawal Possibility of additional contributions from employers Tax deferral of investment growth

Cons:

Withdrawal penalties of 10% with certain exceptions. Lack of liquidity if the contributor needs the money for another purpose.

401k and Individual Retirement Accounts (IRA) have a variety of similarities. They are both tax deferred plans to taxes are only paid on withdrawals from the account, allowing a tax-free buildup of funds and investment returns. This tax deferred features of both retirement accounts is advantageous to retirees who expect a lower income upon retirement than the income they receive during their careers.

A very large advantage of a 401k retirement account is that your employers may have a benefit where they will add funds to your account or match funds you add to the account. This is the primary advantage that a 401k has over an Individual Retirement Account (IRA) but is highly dependent on what your employer contributes.

As with the Individual Retirement Account (IRA), the 401k has a negative side if the account holder does not allow the account to be active for more than 20 years. This is due to the growth within the retirement account’s investments being taxed at your income rate upon withdrawal rather than the customary 15% capital gains tax on investments. The tax advantages on investment growth are only seen after a long period of time.

When is a Roth 401k for me?

A Roth 401k, unlike a standard 401k retirement account, is taxed before the funds are placed into the account and withdrawals are made tax free. As with a Roth Individual Retirement Account (IRA), the Roth 401k is advantageous to individuals who expect their income upon retirement to be higher than their career income, therefore the tax-deferral of a standard 401k can be a negative to them.

To find out more in-depth information about 401k retirement accounts, read our article about 401k.

Comparison of 401k to Individual Retirement Account (IRA)

401k and Individual Retirement Accounts (IRA) are similar in that they both are tax-deferred retirement accounts which can increase in value over time before funds are withdrawn and they both have restrictions on fund withdrawal. One difference is that the contribution limit is only ,000 a year for an Individual Retirement Account (IRA) while it is ,500. A 401k also has the possibility of employer contributions in addition to your personal contributions.

In general, it is a good idea to prefer your 401k plan over your Individual Retirement Account (IRA) due to the higher limits and employer contributions. Before using this as a hard and fast rule, it is best to review what types of investments are made within your employer sponsored plan and your Individual Retirement Account (IRA) and what type of contributions are made by your employer.

Comparison of 401k to Retirement Annuity

401k and Retirement Annuities are both tax-deferred accounts in which the funds are only taxed upon withdrawal. 401k retirement accounts have an annual limit of ,500 while a retirement annuity has no annual limit.

The main feature a retirement annuity has that a 401k does not is its variety of guarantees. These guarantees include a guarantee to receive a minimum income per year after retirement and guarantees that the accounts value will be at a minimum level in the future. But these features come at a cost of about 3% a year in fees.

It is generally a poor idea to invest in a retirement annuity rather than 401k due to these high fees charged. If the benefits being offered are worth the 3% annual fee due to your circumstances, a retirement annuity would be something to consider looking into.

Retirement Annuity

A retirement annuity is a defined contribution retirement account sold exclusively by life insurance companies. The earnings within a retirement annuity are tax deferred until withdrawal. Insurance companies can offer a variety of guarantees with their retirement annuity products, but these benefits come with extremely high fees.

Pros:

Tax deferred growth within account Guaranteed benefits No limits like a 401k or Individual Retirement Account (IRA)

Cons:

Extremely high fees Lack of liquidity, 10% early withdrawal penalty

The main benefits of retirement annuities are the guarantees that life insurance companies provide. These can include a guarantee that you will receive a minimum income per year after retirement and guarantees that the accounts value will be at a certain level in the future. The income earned within an annuity is tax deferred upon withdrawal providing a tax shelter for potential investment growth.

These benefits come at a cost. The fees charged on annuities can be extremely large and are highly criticized in the financial world. The total amount of fees charged on an annuity are around 3% a year, a far cry from the 1% a year charged by mutual funds directly. To read a more in-depth breakdown of retirement annuities and the fees charged, read our article on Retirement Annuities.

Retirement Annuities become advantageous when an individual is willing to deal with the 3% fees to acquire the potential guarantees.

Comparison of Retirement Annuity to Individual Retirement Account (IRA)

Both an Individual Retirement Account (IRA) and a Retirement Annuity are tax deferred retirement accounts. Unlike an Individual Retirement Account (IRA) which has a ,000 contribution limit, a retirement annuity has no contribution limits. Both accounts have a 10% penalty for early withdrawal.

The main feature a retirement annuity has that an Individual Retirement Account (IRA) does not is its variety of guarantees. These guarantees include a guarantee to receive a minimum income per year after retirement and guarantees that the accounts value will be at a minimum level in the future. But these features come at a cost of about 3% a year in fees.

It is generally a poor idea to invest in a retirement annuity rather than an Individual Retirement Account due to these high fees charged. If the benefits being offered are worth the 3% annual fee due to your circumstances, a retirement annuity would be something to consider looking into.

Comparison of Retirement Annuity to 401k

401k and Retirement Annuities are both tax-deferred accounts in which the funds are only taxed upon withdrawal. 401k retirement accounts have an annual limit of ,500 while a retirement annuity has no annual limit.

The main feature a retirement annuity has that a 401k does not is its variety of guarantees. These guarantees include a guarantee to receive a minimum income per year after retirement and guarantees that the accounts value will be at a minimum level in the future. But these features come at a cost of about 3% a year in fees.

It is generally a poor idea to invest in a retirement annuity rather than 401k due to these high fees charged. If the benefits being offered are worth the 3% annual fee due to your circumstances, a retirement annuity would be something to consider looking into.

Retirement Accounts Conclusions

Overall 401k retirement accounts provide the best variety of features for retirement. Individual Retirement Accounts (IRAs) are very similar to 401ks but lack the benefits of employer contributions and have lower contribution limits. It is best to deposit all funds available into your 401k until the limit is reached and if your income allows it, contribute the remainder into your Individual Retirement Account (IRA).

Retirement annuities are widely criticized and rightfully so. They provide a few features that may entice individuals to contribute but those features come at a very hefty price that isn’t associated with any other type of account. Retirement annuities should only be used if your individual life circumstances make the features they provide a worthwhile sacrifice of 3% in fees every year.

In addition, each type of 401k and Individual Retirement Account (IRA) is different based on who is providing the account. This would be either your employer for a 401k or a financial institution for your Individual Retirement Account (IRA). They all provide different ways in which to manage the investments within the fund itself.

Only general recommendations can be given about which of these three main types of retirement accounts are best for individuals. Decisions must be made in an informed way while taking into account very specific circumstances of the individuals planning their retirement and deciding which retirement accounts are right for them.

You can read more about retirement planning and retirement investing and how these accounts fit into your overall retirement goals.

Teaching the importance of personal finance with sustainable living


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Personal Finances – K.i.s.s.ing your Checking and Credit Card Accounts

My Dad and father-in-law were at both ends of the spectrum when it came to managing their checking accounts. Dad would spend hours, sometimes days, tracking down a two cent error in his checkbook register. It drove him bonkers when his checkbook didn’t balance to the penny with the account statement.

My father-in-law, on the other hand, didn’t even keep a checkbook register. He couldn’t be bothered with balancing his account. His philosophy was, “If I run out of money the bank will let me know.” That is a hands off approach that few of us can get away with, but, it worked for a person that was born and lived in a town of less than 800 people. The bank did, indeed, let my father-in-law know when he was overdrawn. They never, to my knowledge, charged him overdraft fees.

That approach can work in a small town in Northern Idaho. Most of us, however, do not have that kind of a relationship with our bank. In order for our personal finances to run smoothly, it is our responsibility to make the lifestyle choices, and do the work associated with managing our day-to-day finances. How we handle our checking account and credit card transactions is fundamental to keeping things running well.

My Approach Is Somewhere In The Middle

My approach to managing our family checkbook register is somewhere between the two parental extremes cited above. My wife, Lois, and I record all transactions in our register and, like clockwork, I balance our account every month. What I don’t do is spend an unnecessary amount of time trying to find errors when our account doesn’t balance with the statement. If the error is within comfortable limits, I adjust the account balance and then get on with my life. What’s a “comfortable limit?” That depends on the account balance. My error tolerance is directly proportional to how much money we have on hand when the error occurs. Balancing errors don’t happen very often. More often than not our checkbook balances to the penny. The accuracy can be attributed in some measure to the fact that I use personal finance management software.

The point is that personal finances do require some work, but, perfection may not be desirable. There are a lot of people involved in the processing of the various transactions each of us generates as part of our monetary lives. Those millions upon millions of transactions, large and small, are all subject to our own human error as well as the human errors that can be committed by all of those people behind the scenes who we rarely think about. It behooves us, therefore, to keep tabs on the pulse of our personal finances as recorded in our checkbook and credit card accounts. This ongoing monitoring can be psychotic or a normal, healthy part of our lives. It’s up to each one of us to decide where we stand on this issue. Will we adopt a fringe behavior like one of my parents? Or will we keep it sane and simple (K.I.S.S.)?

Using Tools Imposes Lifestyle Choices

Using a cash flow management tool forces you to make choices by imposing lifestyle traits that are required if the tool is going to work as intended. That may sound intimidating, but, for a well written, user friendly program, the required lifestyle traits are not an undue burden. For those of us who are sincerely interested in having “more money than month” instead of “more month than money,” developing a few, possibly new habits need not be a harsh adjustment. The payback in financial peace of mind is very well worth it.

Choices We Make Regardless

First, let’s take a look at those habits that will make your financial life easier regardless of whether or not you use personal finance software.

* Keep your checkbook register accurate. Your checking account is probably your primary money management tool. It just makes common sense, in my opinion, to keep your checkbook register up-to-date and accurate. If you are not used to writing every transaction (e.g. checks, ATM transactions, deposits) in your checkbook register, or balancing your checkbook every month, these are habits you may want to look at developing immediately. Should you decide to use a money management program, an accurate checkbook is imperative.

* Keep an accurate record of charge transactions. If you use charge cards, keeping an accurate record of your charges and returns is also vital to the success of your cash flow management efforts. In my opinion, not keeping track of charges is a main contributor to why many people get into trouble with charge card debt. I think it is vitally important that, starting today, you keep the receipts from all of your charge transactions for no other reason than for reconciling your monthly credit card statement. If you are using appropriate personal finance software, charge transactions are entered into the program as soon as convenient. The program will, with accurate charging information, keep you informed of where you stand on your charge card debt.

Choices Imposed By Software

The following issues are specific to the successful use of many personal finance programs.

* One checking account. How people manage their personal funds is very, well, personal. For a single person, the choices are simplified. Once a person takes on a partner, however, personal finances can become complicated depending on how much financial autonomy each partner requires. Regardless of how many savings and checking accounts each single or partnered person may have, at least one checking account is normally required for use with the software. This one checking account, coupled with the program, is used to plan for and pay bills; plan and pay for planned purchases; and to smooth out weekly living expenses. The intent is for the program and it’s associated checking account to encapsulate a person’s entire month-to-month financial records.

* Pay bills on a schedule. Instead of paying bills when you receive them or when you get paid, pay your bills on the same days each month. An appropriate schedule for most people would be on the 1st and 15th of each month. The mechanics of bill payment (e.g. check, cash, online, automatic withdrawal) are entirely up to you, but, sitting down twice a month and arranging for your bills to be paid on or before the date they are due will simplify and smooth the paying of your bills.

* Pay yourself on a schedule. “Paying” yourself a fixed amount of spending money the same day each week regardless of when you receive your income will smooth out your day-to-day expenses. How much weekly spending money you give yourself is entirely up to you as is the weekday on which you “pay” yourself. The trick is to find that amount of weekly spending money that is enough for day-to-day expenses, but not so much that you don’t leave yourself enough to pay bills. An appropriately written personal finance program will automatically include your personal “payday” in your month-to-month financial projection so you can easily see whether you have correctly set your weekly spending money amount.

* Keep accurate records. An appropriately written personal finance program gives you a “forward looking” projection of your month-to-month cash flow. When using such a tool, keeping your cash flow projection current is the key to giving you a continual picture of where you are and where you’re headed. You will, therefore, have to be consistent with keeping your month-to-month financial records current. With the right personal finance software, this does not have to be a big chore like keeping track of every penny you spend, or entering and categorizing every check you write. In an appropriately written personal finance program, most of your record keeping will consist of entering bills when you receive them, entering charges as you incur them, paying yourself once a week, reconciling bank and charge account statements, and paying bills. Typically, all of this financial activity will take two to four hours per month.

Paperwork Flow

There are a couple of habits that Lois and I have developed that simplify tasks like the keeping of accurate records. When any piece of paper is received on which is recorded a financial transaction, that piece of paper is placed in our “In” basket. While most of our financial transactions are handled electronically, there are still items like charge slips, magazine subscriptions and account statements that are printed. By placing all such printed items in one place, they get recorded in our computer records accurately and in a timely manner. It is unusual for one of our paper transactions to be forgotten.

Those pieces of paper that are needed for account reconciliation, like credit card receipts, are put into a “Hold” folder after having been recorded in our personal finance software. Those pieces of paper that are not needed after being recorded are shredded or burned. After reconciling credit card statements, all of the pieces of paper for transactions that have cleared are removed from the “Hold” folder and also destroyed.

It’s a simple system, but, it works for us. As long as everyone in a household knows the “paperwork flow,” and habitually uses that flow, the chances that transactions will be lost, resulting in potential financial errors, are greatly reduced.

Being Big Brother To Your Checking Account

Another habit that I have adopted is the close, online supervision of our checking account. I’m a big fan of online banking which gives me almost up to the minute information about the status of our checking account. As part of my computer startup procedure, I take a look at the activity in our checking account. This may sound a bit paranoid, but, I’ve been able to spot unexpected activity on several occasions. There has been nothing traumatic like identity theft, but, by keeping a close eye on checking account activity I’ve caught unexpected withdrawals shortly after they happened instead of being surprised on the next account statement. The most recent example involved automatic credit card payments that I thought I had cancelled. It took two months working with the credit card company’s customer service staff to straighten that one out. Had I not spotted the first unexpected payment when it happened, our checking account could have been short by .00 each of those two months. That may not be a large amount, but, it could have been enough to cause a potential, inconvenient problem if left undetected.

Financial Peace Of Mind

All of the discussed lifestyle habits are so firmly embedded in Lois and my everyday lives that we no longer even think about them. Consequently, our month-to-month finances are smooth with few interruptions. When we do have to discuss financial issues, it’s a discussion over known choices instead of fights over who is doing, or not doing what. Money is not a source of discord in our lives like it can be for couples. Lois and I have been enjoying financial peace of mind for most of the 40+ years of our marriage. This financial bliss can be attributed directly to the unique cash flow techniques upon which our personal finance management software is based.

Children are considered adults and able to make their own banking decisions at the age of 18. Begin saving at the early age of 18 by opening a bank account using tips from an experienced businessman in this free video. Expert: Patrick Munro Contact: www.northstarnavigator.com Bio: Patrick Munro is a registered financial consultant (RFC) with outstanding sales volume of progressive financial products and solutions to the senior and boomer marketplace. Filmmaker: Reel Media LLC
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Sleeter Accounting Conference 2010 – Mardi Gras Photo 40


Image by Grant Wickes
Jeanne Tarazevits and Kathy Coffman celebrate at the Sleeter Accounting Conference award dinner

FBAR – U.S. TAXPAYER REPORT OF FOREIGN BANK & FINANCIAL ACCOUNTS – FORM TD F 90-22.1

On April 2, 2009, the IRS announced they will reduce the penalty for not filing a Report of Foreign Bank and Financial Account, known as a FBAR Form.

The current penalty is up to fifty percent (50%) of the highest annual balance of each account for each of the last 3 years.  The 50% penalty is imposed annually.  After 2 years of the 50% penalty, the account can be “wiped out” and the investor may still owe taxes (and interest).

The IRS announced they will not generally prosecute Taxpayers who come forward voluntarily, provided they are not drug dealers, arms merchants or others with “ill-gotten gains”.

The IRS will not asses a 35% penalty (due under Form 3520) on money secretly transferred to foreign trusts (i.e., tax evasion).

The IRS will reduce the penalty to 5 to 20%, depending in part on whether the wealth was inherited.  The IRS will levy the penalty just once, on the highest balance in the accounts over the last 6 years.

Under the IRS plan, Taxpayers will be required to pay any taxes and interest owed over the last 6 years.  The IRS will assess either the standard, accuracy-related penalty of 20%, or a 25% penalty for filing tax returns later.  Taxpayers in the program must also file amended tax returns for up to the last 6 years.

U.S. Taxpayers:

Have 6 months to accept the IRS plan (i.e., by 10/2/09) Under criminal investigation for tax evasion are not eligible Are not required to provide information about the bankers, lawyers and accounts who assisted them

The IRS plan was developed amid widening investigation into American clients of UBS but will apply to clients of other banks.  According to Douglas Shulman, the IRS Commissioner, the goal “is to get Taxpayers who have been hiding assets offshore back into the system.”

The following is a summary of tax returns due for Foreign Bank Accounts:

I.   Returns Relating to Foreign Bank Accounts

A.   In General

1.  Each U.S. person having a financial interest in, or signature or other authority over, any foreign financial accounts with an aggregate value exceeding ,000 at any time during the calendar year must report such relationship by filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (“FBAR”),

2.  In addition, they have to disclose the foreign account filing requirement on Schedule B of Form 1040 and including the income from these accounts on the United States person’s U.S. federal income tax return.

B.  Who Must File

Form TD F 90.22-1 is required to be filed by every U.S. person for each calendar year in which such person has a financial interest in, or signature or other authority over, any foreign financial accounts with an aggregate value exceeding ,000 at any time during the calendar year. The test is based in the alternative – financial interest in or signature authority over the account.

1.   Definitions

For purposes of FBAR, the term “United States person” means (1) a citizen or a resident of the United States, (2) a domestic partnership, (3) a domestic corporation, or (4) a domestic estate or trust.  

The term “financial account” generally includes any bank, securities, securities derivatives or other financial instrument accounts, (including any accounts in which the assets are held in a commingled fund, and the account owner holds an equity interest in the fund), savings, demand, checking, deposit, time deposit, or any other account maintained with a financial institution (or other person engaged in the business of a financial institution).

Any of the financial accounts described above is considered to be a foreign financial account for purposes of FBAR, if it is located outside the United States, Guam, Puerto Rico, and the Virgin Islands.  The situs of a financial account is determined by the location where the branch is, not the location of the institution’s home office.

2.    Ownership of Accounts

Under the instructions to Form TD F 90-22.1, a U.S. person has a financial interest in a bank, securities, or other financial account in a foreign country under either of the following circumstances:

A U.S. person is the owner of record or has legal title, whether the account is maintained for his or her own benefit or for the benefit of others including non-U.S. persons. If an account is maintained in the name of two persons jointly, or if several persons own a partial interest in an account, each of those U.S. persons has a financial interest in that account. A U.S. person has a financial interest in each bank, securities, or other financial account in a foreign country for which the owner of record or holder of legal title is:

a) A person acting as an agent, nominee, attorney, or in some other capacity on behalf of the U.S. person;
b) A corporation in which the U.S. person owns directly or indirectly more than 50 percent of the total value of shares of stock;
c) A partnership in which the U.S. person owns an interest in more than 50 percent of the profits (distributive share of income); or
d) A trust in which the U.S. person either has a present beneficial interest in more than 50 percent of the assets or from which such person receives more than 50 percent of the current income.

3.  Signature Authority

For purposes of Form TD F 90.22-1, a U.S. person is considered to have signature authority over a foreign financial account if such person can control the disposition of money or other property in the account by delivering his or her signature (or his or her signature and that of one or more other persons) to the bank or other person maintaining the account.

In addition, a U.S. person has “other authority” subject to FBAR reporting if such person can exercise comparable power over an account by direct communication to the bank or other person maintaining the account, either orally or by some other means.

4.  Exceptions

Notwithstanding the general rules, Form TD F 90.22-1 is not required to be filed under the following circumstances:

An officer or employee of a bank which is subject to the supervision of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Office of Thrift Supervision, or the Federal Deposit Insurance Corporation need not report that he has signature or other authority over a foreign bank, securities or other financial account maintained by the bank, if the officer of employee has NO personal financial interest in the account. An officer or employee of a domestic corporation whose equity securities are listed upon national securities exchanges or which has assets exceeding million and 500 or more shareholders of record need not file such a report concerning the other signature authority over a foreign financial account of the corporation, if he has NO personal financial interest in the account and he has been advised in writing by the chief financial officer of the corporation that the corporation has filed a current report, which includes that account. As noted above, a U.S. person is not required to report any account maintained with a branch, agency, of other office of a foreign bank or other institution that is located in the United States, Guam, Puerto Rico, and the Virgin Islands.

C.   Mechanics of Filing

Reporting on Form TD F 90-22.1 is required for each calendar year that a U.S. person maintains such interest or authority over foreign financial accounts. Persons having a financial interest in 25 or more foreign financial accounts are required only to note that fact on the form (i.e., a general statement indicating that information on all such accounts will be available upon request). (31 CFR § 103.24. Such persons will be required to provide detailed information concerning each account when so requested by the Secretary or his delegate.)

The Form TD F 90-22.1 is filed with the U.S. Department of the Treasury, P.O. Box 32621, Detroit, MI 48232-0621, or it may be hand carried to any local office of the Internal Revenue Service for forwarding to the Department of the Treasury in Detroit, MI.  The Form TD F 90­-22.1 must be filed on or before June 30 each calendar year. An extension for filing one’s U.S. income tax return does not extend the deadline for making a TD F 90-22.1 filing.

D.   Additional Issues

Each U.S. person subject to this reporting requirement must also maintain records showing, (1) the name in which each such account is maintained, (2) the number or other designation of such account, (3) the name and address of the foreign bank or other person with whom such account is maintained, and (4) the type of such account, and the maximum value of each such account during the reporting period (31 CFR §103.32).  These records must be retained for a period of 5 years and must be kept at all times available for inspection as authorized by law.

E.   U.S. Trustee Foreign Non-Grantor Trust

Report of Foreign Bank and Financial Accounts – Form TD F 90-22.1

      A U.S. trustee of a foreign nongrantor trust must file Form TD F 90-22.1 if the Trustee has a financial interest in or signature authority or other authority over any financial accounts, including bank, securities, or other types of financial accounts in a foreign country if the value of such accounts exceeds ,000. A person has a financial interest in any such account if she has legal title to it.

Trustees generally have legal title to accounts in which trust funds are invested. In addition, if legal title to an account is held by a corporation or partnership and the trustee owns more than 50% of the corporation or partnership, the trustee will be treated as having a financial interest in such account.

A person has signature authority over an account if she can control the disposition of account property by the delivery of a document signed by her and one or more other persons. A person has other authority over an account if she can control such disposition by direct communication to the person with whom the account is maintained.

Form TD F 90-22.1 must be filed by June 30th of the year following the year in which the U.S. person had such financial interest or signature or other authority.

F.   Form TD F 90.22-1

A willful violation of the Form TD F 90.22-1 requirements (i.e., failure to file Form TD F 90.22-­1, failure to supply information on the report, or filing a false or fraudulent report) could result in the imposition of civil and/or criminal penalties.  (The instructions for Form TD F 90.22-1 specifically provide that criminal penalties for failing to comply with FBAR are provided in 31 U.S.C. § 5322(a) and (b), and 18 U.S.C. § 1001. In addition, civil penalties for failure to comply are generally provided in 31 U.S.C. § 5321.)

Civil Penalties

If any U.S. person willfully violates the Form TD F 90.22-1 filing requirement, such person may be liable to the U.S. government for a civil penalty of not more than ,000 (31 U.S.C. § 5321. Section 5321 generally provides that if a U.S. person willfully violates a regulation, such person may be liable for a civil penalty of not more than the greater of the amount (not to exceed $ 100,000) involved in the transaction (if any) or ,000.

With respect to reporting on Form TD F 90.22-1, a U.S. person is not reporting a transaction but, rather, reporting his interest or signature authority over a foreign financial account. Thus, the maximum amount of potential civil penalty is ,000.):

Criminal Penalties

If a U.S. person willfully violates the reporting requirement, such person may be subject to a fine of not more than 0,000, or imprisoned for not more than 5 years, or both (31 U.S.C. § 5322(a)); and If a U.S. person willfully violates the reporting requirement while violating another law of the United States, or as part of a pattern of any illegal activity involving more than 0,000 in a 12-month period, such U.S. person may be subject to a monetary fine of not more than 0,000, or imprisoned for not more than 10 years, or both (31 U.S.C. § 5322(b)).

If a U.S. person, with respect to Form TD F 90.22-1, (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact, (2) makes any materially false, fictitious, or fraudulent statement or representation, or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, such person may be fined, or imprisoned for not more than 5 years, or both (18 U.S.C. § 1001).

Forensic Accounting Professor Urges Students: “Take all your personal data off Facebook” College students are at great risk for identity theft and fraud by posting personal information to Facebook, says James Bierstaker, an expert in identity theft and forensic accounting at the Villanova School of Business. He urges his students to take “all your personal information off of Facebook.” I interviewed him yesterday on the snowy campus of Villanova, on the outskirts of Philadelphia. Although Facebook has taken steps to stop the controversial “Beacon” program of sharing data with marketers, there is a great deal of public information that can be shared and used for fraud, Professor Bierstaker told me in this interview. Here’s a relevant article about young people and identity theft from Britain’s The Independent — Andy Plesser Full disclosure: The Villanova School of Business is a client of Plesser Holland, public relations. Posted on Thursday, December 06, 2007
Video Rating: 4 / 5

Hong Kong Bank Accounts and Hong Kong Corporations

Hong Kong – Hong Kong offers Anonymous Corporations, Bank Secrecy, No Tax Information Exchange Agreements, No Tax on Offshore Derived Income, No Capital Gains Tax, Stock Brokerage Accounts at the Bank, A Bank with One Trillion dollars in Deposits, Online Banking, Credit Cards, Accounts in 10 Currencies including Chinese Renminbi, Unlimited Government Bank Insurance, and you do not have to go to Hong Kong to have bank account opened. The features and benefits of using Hong Kong are extensive. The material contained below is in depth and was written for a sophisticated investor client. We are eager to answer any questions you may have, just inquire

Hong Kong Banking – We have now made it possible to open up corporate bank accounts in Honk Kong without a need to visit Hong Kong (no personal accounts please). Hong Kong today is one of the best private offshore tax havens in the world. They have not signed any Tax Information Sharing Agreements and have world-class banks. Hong Kong does practice tight bank secrecy with serious criminal and civil penalties for any bank personnel who violates such bank secrecy laws. Hong Kong is actually a world-banking center like Switzerland used to be. It has at least 100 times more bank deposits that countries like Panama, 69 of the world’s largest 100 banks, and a total of more than 1300 bank branches in the territory.

The Hong Kong Bank We Use – The bank we open our clients’ accounts for in has well over one trillion US dollars in assets. It is a massive, quality bank by any standards. It has no legal ties with any bank located in other countries as to avoid coercion by an opposing party using the banks with the same name in other countries to affect this. Various countries have done such things in past. No worries with this bank. This bank is authorized to issue bank notes for Hong Kong.

The bank has full online banking including the ability to launch online wires, check balance and history, switch from one currency to another, move money from one account to another, etc. The bank offers accounts in 10 currencies: Australian Dollar, Canadian Dollar, Euro, Japanese Yen, New Zealand Dollar, Pound Sterling, Singapore Dollar, Thai Baht, US Dollar, and Renminbi (Chinese Ruan). One statement will show your holdings in any or all of these currency accounts.

You can get assigned a private banker with an account of 0,000 or more and then you can also use Swiss Francs for banking in addition to the other 10 currencies. You can buy CD’s in the bank. Rates will usually not be over 2% per annum on USD deposits, generally lower for most other currencies. We have banks in other countries with higher rates and we also offer anonymous bearer bonds paying 8.5% from other countries. Hong Kong is for privacy and security, not high bank interest rates. Another consideration is access to a Hong Kong stockbroker that can provide you with investment opportunities paying significantly higher yields.

Hong Kong Bank Security – Once you are the signatory on the bank account no other signatories can be added or and it is impossible to remove you as a signatory without your written consent. Having share certificates for the corporation is not enough to change the signatories at the bank. Nominees are unable to effect a change at the bank for the signatories. No additions or deletions of signatories without the written consent of the existing signatories. No changes at all without this. Any attempt would be accepted by bank with their ID in a pending state. Then bank would contact you for written permission. You say “No way, I knew nothing about this.” Then they go to jail. Hong Kong banks are very used to nominees and understand how to protect the owners/signatories of the bank account. No worries.

Hong Kong Bank Insurance – This is Hong Kong government-backed bank insurance. This measure is in place until the end of 2010, which can be extended at the option of the government. It was already extended once, after first being put into place to reassure depositors during the worldwide financial crisis. The government is backing all bank deposits to any amount. The insurance covers HK dollar accounts and all foreign currency accounts such as USD, Euro etc. There are certain types of specialized accounts not covered, which are listed as follows:

CDs or time deposits with a term in excess of five years, secured deposits, structured deposits like equity linked accounts, bearer instruments like a bearer certificate of deposit (does not affect corporation having bank accounts that are bearer share corporations). The insurance does not cover stocks, bonds, mutual funds, insurance policies, or unit trusts bought and held by the bank. The funds for immediately (immediately is the word Hong Kong uses) compensating depositors come from a standby credit facility provided by the Hong Kong SAR Government’s Exchange Fund. So the deposits are insured up to any amount until at least the end of 2010 and the deadline will most likely be extended again until the world financial crisis is over.

Hong Kong Bank Credit Cards – The bank will issue you a secured Visa or Master card. The card will have to have your name on it. You cannot not get a corporate name only card. They do not issue anonymous cards. The cards are secured by a deposit exceeding the credit line of the card. The bank is not going to extend to you a line of credit. If you want a card limit of ,000 the deposit will be ,500 typically. This depends on what currency the card is in, if you are a private banking client, etc. This bank has at least 10 different card programs.

Bank in Renminbi or Chinese Yuan – With this Hong Kong bank you are able to bank in Chinese Renminbi also called the Yuan. You can even get a checking account in this currency. You can hold this currency in your account. Much business in Hong Kong is now conducted in Renminbi. You can have time deposits in this currency. You can even get a credit card in this currency which is really only going to work in Mainland China but they do have 370,000 merchants and 60,000 ATM’s taking this card. This card is going to grow, this is the beginning.

You can move up to 80,000 Renminbi a day to an account in Mainland China, if you happen to have a bank account in Mainland China. This is the Chinese currency that is being used to clear international payments but it is not yet fully convertible at this time. It is just starting so you are getting in on the ground floor. To truly diversify your currency holding portfolio hold Renminbi. The Renminbi will soon become a fully convertible currency and then probably soar in terms of exchange rates. It is expected that the Renminbi will soon have its own wire transfer facilities clearing in China or Hong Kong and it is doubtful that the USA will have access to view or affect these wires.

Stock Brokerage Accounts – The bank has a stock brokerage division. Online platform and full service. Play the major markets around the world USA, UK, Canada, Japan, Hong Kong, China, Australia). Bonds, options, futures, forex, and equities – everything including margin accounts. You can also open up a European stock brokerage account through us using your Hong Kong Corporation as the vehicle if you wish access to other additional markets. If you are an American or Canadian citizen or resident you can have a bank account in Hong Kong BUT NOT A STOCK BROKERAGE ACCOUNT AT THIS BANK. This policy is to avoid some new tax withholding laws. We can however get you a stock brokerage account at another stockbroker in Hong Kong with an online platform that allows trading major markets in the world. This will require an extra whole set of certified documents approved by the HK court so we must charge an extra 0 for this service if you are unable to get a stock brokerage account at the bank. When you sue the same bank for the stock brokerage account there is no extra staff time or need for an extra set of paperwork.

Anonymous Hong Kong Corporations – Hong Kong Corporations are basically private limited companies being very private and limiting liability for shareholders. There is no paid in capital requirement. It is possible to get a corporation formed in Hong Kong that is anonymous. Your name as the owner will not appear in any public registry or database. If the client desires to be an anonymous owner of the corporation he can do so with a trust arrangement having the trustee (the Hong Kong Lawyer) hold the shares for him (as a beneficiary) and the client holds the trust deed, which is conclusive proof of him being a real owner of the shares. This trust law and arrangement is valid and lawful in Hong Kong.

The corporation is formed in Hong Kong, the lawyer is in Hong Kong, and the bank account is in Hong Kong so this structure is all legal and fully enforceable in Hong Kong which is the only jurisdiction that matters in this scenario since everything is located there. This structure makes it impossible to look up the name of the owner of a corporation filed using this trust arrangement. A nominee director, shareholder and founder are used whose name does appear in the public registry but these persons do not know you at all. You wind up with an anonymous corporation and have all the controls plus you control the bank account.

Hong Kong Taxes – Hong Kong does not tax offshore-derived income. There is no VAT tax. No withholding taxes. No annual net worth taxes. No accumulated earnings taxes for retained versus distributed earnings. There is no capital gains tax on bank interest or stock market investments. You can have an office in Hong Kong and still receive money from offshore and have it tax exempt. Unless you conduct business inside of Hong Kong like having a pizza store there, you will not be paying any Hong Kong taxes. It is a true offshore privacy and tax haven.

Hong Kong Corporation Tax Return Filing – One small disadvantage to Hong Kong Corporations is that an annual tax return must be filed at the end of each year. If the person is not conducting business in Hong Kong, there is no obligation to complete the return but as a matter of expediency and maintaining a low profile, the return should be filed with the HK Inland Revenue with a brief explanation as to why the corporation is not carrying on business in Hong Kong. This is something the accountant will do for you.

If a person is carrying on business in Hong Kong but has no profits subject to tax because all their income was deemed to be offshore derived, that person should file a tax return with all the relevant attachments, which should also include a detailed explanation as to why each source of income is not considered to be taxable. This is usually as simple as stating it is offshore derived income from sales commissions, sales of property, brokerage fees, earnings for work conducted outside of Hong Kong, etc. This is to show that there was no onshore Hong Kong income derived for which taxes are owed. If there is no activity in the corporation a return can so be filed showing no business activity. Again the accountant will do this for you.

If the business has not yet commenced then the company can just file a negative or nil tax return and technically it can even not file but later on this could be questioned by Hong Kong Inland Revenue so we suggest doing a simple filing. Again the accountants will do this for you. The lawyer we use to form the corporations in Hong Kong has certified accountants in Honk Kong on staff who will do the annual filing for you and it is already included in the fee. You just supply the data to them and they will do the rest. If you are going to conduct a real business venture using the Hong Kong Corporation and Hong Kong bank account then you will need to file a real tax return even if the company had no onshore income. There will be no tax due but a filing is necessary and the cost of the filing is included in the price.

If you have a serious business it will be incumbent upon you to have the books and records prepared independent of our accountants who are just going to prepare the filing for you, they are not going to be your accountants or bookkeepers in general. If you are just going to use the corporation and bank account for savings or holdings then there really isn’t much of anything to file and the accountant will do it for you. Feel free to ask questions. It sounds more complicated than it really is. For many of you it will be as simple as telling the accountant the corporation has not engaged in any business for the tax year and then forgetting about it.

What Is Included With the Hong Kong Corporation –

I) Certificate of incorporation

II) Business registration certificate

II) Original formation documents and minutes

IV) Minute booklet

V) Share certificate booklet

VI) Two chops and a seal (a chop is a corporate stamp, not a tool for eating with)

VII) One certified copy of formation documents

VIII) Appointment of corporate secretary for a year providing a registered office address for a year. This address can be used for mail and courier receiving of documents but does not include forwarding or receiving of parcels.

IX) A box to contain all papers in.

In addition, to keep the corporation anonymous there is included a private trust agreement for nominee shareholder, director and founding member so the owner is not registered in the public registry yet still has all the control over the corporation while remaining anonymous. This trust agreement also includes a General Power of Attorney executed by the nominees. The firm in Hong Kong will also file your annual return for you at no additional cost.

Using the HK Corporation for Bank Accounts in Other Jurisdictions – To use your Hong Kong Corporation in a country other than Hong Kong for opening a bank account or a stock brokerage account there is an extra fee of 0. Why this fee? The Hong Kong lawyer will need to issue a full set of notarized and apostilled corporate documents. These documents need to also be approved and signed off on by the High Court of Hong Kong. This is the reason for this extra fee if you wish to use the corporation to open a bank account or stock brokerage account outside of Hong Kong.

Attorney Client Privilege – The formation of the Hong Kong Corporation is done by a Hong Kong lawyer so attorney client privilege flows through the entire transaction from start to finish.

Due Diligence – What is needed is a notarized copy of a passport and driver license. We also need a utility bill for proof of address. This has to be a working address that can receive correspondence. You can tell the bank to hold your statements and not send them but some things like signature cards, online banking forms etc will need to be send physically by courier.

There is no bank reference letter required. In some countries banks will not issue a bank reference letter any more. In other countries a bank reference letter is considered to be a “suspicious transaction” and is reported to the authorities as such because it means an offshore bank account is being opened. Banks inside the same country rarely require a bank reference letter.

Time Frame – It takes 2-3 weeks to form a corporation and have the bank account opened for it. The time clock starts ticking when we have an order form, notarized ID documents, Utility bill and payment.

Hong Kong Shelf Corporations – We have a reasonable supply of shelf corporations on hand. This speeds the process up by a week or so but then you have to accept a name you did not chose. Not suggested for those operating a business but can work for those in a hurry who just wish to use the account for savings or as a holding entity. Shelf corporation fees are the same.

Cost – The fee for the Hong Kong Corporation complete and the opening of the Hong Kong Bank Account without coming to Hong Kong in the above-described bank is 00. This is paid by wire transfer. We do not take credit cards. The minimum deposit at the bank is 00 and should be included along with the wire for the professional fees.

How to Order – First step is to fill out our online order form.

Next send us by email a scan of the notarized copy of the passport and driver license plus a utility bill showing your real address. This can be sent by email as an attachment to: staff@panamalegal.org

If the documents are correct and acceptable we will then provide courier directions to send hard copies.

Next we will send you coordinates to wire the fee to us.

After the fee is received we will begin forming the corporation. After the corporation is formed we will begin the bank account opening process.

Bank forms, signature cards will be sent to you by courier with the corporate documents included and you will have to execute the bank forms and return to us by courier. When the forms are returned the bank account will be opened several days later.

The online banking will come after that requiring 7-10 additional days after account opening. Credit Cards require a security deposit and take about two weeks after the account is open, and the deposit is received.

Questions – We welcome questions, just ask.

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