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Monday, October 7, 2013

Debt ceiling: Understanding what's at stake

CBS News:
By 
ALAIN SHERTER / 
MONEYWATCH/ October 7, 2013, 7:40 AM


(MoneyWatch) It is the economic calamity that no one expects and everyone fears.
Experts agree that failing to raise the nation's debt ceiling by Oct. 17, when U.S. officials say the government will run out of money to pay its bills, would gravely wound the economy, and perhaps even throw it back into recession. Because Treasury bonds and the dollar are cornerstones of the global financial system, meanwhile, the shock wave would be felt around the world.


"The potential is disastrous," said Gus Faucher, senior economist with PNC Financial Services Group. "We would see interest rates spike across the board. We'd see a huge crash in the dollar. People count on lending their money to the federal government and getting it back, and if that trust is taken away -- it's never happened that we haven't met our obligations as a nation -- then that has very, very negative consequences for the U.S. economy."
The consequences are so severe that, even as the government shutdown enters its second week, most seasoned political observers still expect Congress to ultimately reach an eleventh-hour deal to lift the government's borrowing limit.
But what exactly is the debt ceiling, and exactly how worried should Americans be that it could come crashing down?
What is the debt ceiling?
English: Chart of the United States' debt ceil...
English: Chart of the United States' debt ceiling from 1981 to 2010 in $ trillion. This chart tracks the debt ceiling at the end of each calendar year. Years are color coded by congressional control and presidential terms highlighted. Data source: http://www.treasurydirect.gov/NP/BPDLogin?application=np Modified chart by http://commons.wikimedia.org/w/index.php?title=User:LibertyUSArocks&action=edit&redlink=1 to remove New York Times logo and make more NPOV. (Photo credit: Wikipedia)
The debt ceiling is the total amount of money the U.S. government can borrow (by selling Treasury bonds) to pay its obligations, including interest on the national debt, Social Security and Medicare benefits, and many other payments. That limit is currently $16.7 trillion, although technically the government already exceeded it in May. The Treasury Department has since used various measures to continue borrowing. 
During World War I, amid uncertainty regarding the total costs of funding U.S. involvement in the conflict, Congress created the cap in 1917 to put an upper limit on federal borrowing. Since 1960, Congress has raised the debt ceiling 78 times.
How is the debt ceiling changed?
Lawmakers can adjust it by passing a standalone bill or by including it in another piece of legislation as an amendment.
U.S. debt from 1940 to 2010. Red lines indicat...
U.S. debt from 1940 to 2010. Red lines indicate the Debt Held by the Public (net public debt) and black lines indicate the Total Public Debt Outstanding (gross public debt), the difference being that the gross debt includes that held by the federal government itself. The second panel shows the two debt figures as a percentage of U.S. GDP (dollar value of U.S. economic production for that year). The top panel is deflated so every year is in 2010 dollars. (Photo credit: Wikipedia)
Does raising the debt ceiling increase the federal debt?
No. Lifting the borrowing limit simply allows the government to pay its existing bills. That debt exists whether or not Congress authorizes additional borrowing, and to avoid default it must be paid.
Why can't Congress and the White House avoid lifting the cap by cutting federal spending?
Because preventing the government from borrowing to meet its obligations would require all discretionary spending, such as for defense, education, housing and other annual appropriations, to stop, according to the Congressional Research Service. Most of the outlays for mandatory programs, such as Social Security, also would have to be halted, while taxes would need to rise to ensure the government had money to spend. Deep spending cuts and tax hikes would throw the economy into recession.
Why is Oct. 17 a critical date?


Treasury Secretary Jacob Lew recently forecastthat on Oct. 17 the government would have about $30 billion on hand. That isn't enough because the government spends as much as $60 billion per day. "If we have insufficient cash on hand, it would be impossible for the United States of America to meet all of its obligations for the first time in our history," he said last week in a letter to congressional leaders.
What happens if Congress doesn't raise the debt ceiling?
If the government runs low on cash, it will have to withhold a range of payments. Retirees might not get their Social Security checks, especially worrisome for the millions of Americans who depend almost entirely on the social insurance program for income. The same goes for Medicare and Medicaid recipients. Holders of Treasury notes, from Wall Street and other global banks to foreign governments, also could get stiffed, jeopardizing the solvency of many financial institutions and choking off global credit flows.


The U.S. also would struggle to pay the interest on its debt, including a $6 billion payout due at the end of the month. At that point, the U.S. would be in default of its obligations. The value of Treasury bonds and the dollar would nosedive. The nation's borrowing costs would soar as anxious investors demanded a higher return to buy suddenly shaky U.S. debt. And because the interest rate on Treasuries provides a benchmark for rates on other loans, from mortgages and credit cards to car and student loans, borrowing would become far more costly for consumers and businesses. Stock markets in the U.S. and elsewhere around the world would almost certainly plunge.
"When stock prices fall, investment or other spending to expand a business is more costly," the Treasury Department said in a report last week outlining the potential impact of the debt-ceiling fight. "The effects on households and businesses, moreover, are reinforcing. Less capacity and willingness of households to spend, when businesses have less incentive to invest, hire and expand production, all lead to weaker economic activity."
In short, the already fragile economic recovery could stall.
Haven't we been here before?


There is recent precedent for such turmoil. Consumer confidence plummeted after lawmakers squared off over the debt ceiling in the summer of 2011, while the Standard & Poor's 500 stock index dropped nearly 20 percent. Hiring among small businesses slowed. Ever after a deal was struck to raise the cap in August of that year, credit rating agency Standard & Poor's downgraded U.S. debt for the first time ever.
Beyond the immediate economic fallout of defaulting on its debt, for the U.S. the symbolic blow might be even greater. In the post-World War II era, Treasuries and the greenback have -- for better and for worse -- served as the foundation of the global financial system. A default would shatter the faith on which that system relies.
How much danger are we in?
Although financial markets are not yet in panic mode, the standoff in Washington has them worried. Unlike during the 2011 dispute, when Republicans and most Democrats favored cutting federal spending, the stark division over Obamacare suggests there may be less room for compromise this time around. One clear sign of distress: Interest rates on short-term Treasury bonds rose last week, as investors seek greater yields to offset what they perceive as the greater risk of holding the debt.
Still, most economists, stock analysts and, for all the pointed rhetoric on Capitol Hill, even congressional leaders themselves downplay the chances of a default. The belief is that common sense, or at least a sense of political self-preservation, will prevail.
© 2013 CBS Interactive Inc.. All Rights Reserved.
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Friday, September 27, 2013

Why I Get My Best Ideas in the Shower

strategy+business magazine:

Theodore Kinni


I get a lot of good ideas in the shower, but I never thought too much about why until I read a new book by Ori Brafman and Judah PollackThe Chaos Imperative: How Chance and Disruption Increase Innovation, Effectiveness, and Success (Crown Business, 2013). It turns out that it’s not the water pelting my noggin or the shampoo that promotes healthy, silky smooth hair triggering my creativity. It’s the default mode network in my brain.
Neuroscientists have long known that the human brain is always on, even when its owner isn’t consciously using it. (For other perspectives on this phenomenon published in s+b, see Matthew May’s piece from the Spring 2013 issue, and the Thought Leader interview with Loran Nordgren in the Autumn 2013 issue.) In fact, that’s exactly when the default mode network—a connected group of functional areas within the brain—is most active. As Brafman and Pollock explain it, “The default mode is always engaged, unless we actually interrupt it to perform a specific task.”
This neural network helps us evaluate our environment, reflect on it, and make connections between external information and the data we have stored in our heads. These connections are the fodder for all kinds of creative endeavors, including business innovation. ...
English: Albert Einstein Français : Portrait d...
English: Albert Einstein Français : Portrait d'Albert Einstein (Photo credit: Wikipedia)
Brafman and Pollack would say that my shower is “white space”—a time and a place in which I let my thoughts become less structured and more chaotic. In The Chaos Imperative, they point out how the white space in the lives of people like Albert Einstein and Steve Jobs produced some pretty good ideas, like the theory of relativity and all those digital fonts in your computer. The authors also describe how they have worked with the U.S. Army to produce fresh thinking by introducing a bit of white space into an environment in which being “on task” is a fetish.
So, if you’re pursuing innovation in your company (and what company isn’t?), what can you do get white space working in your innovation process? Brafman and Pollack offer these four tips in the book:
Image representing Steve Jobs as depicted in C...
Image via CrunchBase
Employ white space judiciously. It works best when you have a clear goal in mind and have already spent some time consciously working on a problem.
Consider how much white space is too much. Ask people if they feel like they need more or less unstructured time.
Move. As long as it doesn’t require a good deal of conscious thought, exercise is a proven way to trigger the default mode network.
Create a micro white space. Don’t look for answers as soon as you ask a question; give people 20 seconds or more to reflect. Likewise, start an idea session with a minute of silent reflection on the meeting’s purpose.









Theodore Kinni is senior editor for books at strategy+business.Ted Kinni 











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Five 401(k) mistakes to avoid

401k, retire, retirement, retiring, 401(k) plan, money, investment, investing
401k, retire, retirement, retiring, 401(k) plan, money, investment, investing / ISTOCKPHOTO
CBS News:
By 
RAY MARTIN / 
MONEYWATCH/ September 20, 2013, 7:00 AM


(MoneyWatch) Workers in 401(k) plans are required to make important decisions that can have a significant impact on their ultimate retirement savings. Folks relying on their 401(k) as their primary retirement nest egg need to make the right decisions on when to enroll in the plan, how much to contribute, how to invest contributions and how to manage the account.
Most people have the best of intentions when they contribute to their 401(k), but merely being a good saver isn't enough. Here are some of the common mistakes savers should avoid in order to keep their savings growing in their employer's plan.
1) Not enrolling at the earliest opportunity
The problem is that a lot of workers don't take the steps to sign up and join their employer's 401(k) plan at the earliest opportunity. ... The problem is they've lost out on matching contributions (assuming their employer matches) and on the tax-deferred gains on funds they could have saved and invested. Changing jobs five to seven times over a working career (which is typical) only compounds this mistake.
2) Not increasing contributions
According to industry data, the average contribution percentage for workers saving in a 401(k) is around 6 percent. Most studies that take a measure of what folks need to save over their working lifetimes indicate that workers without a pension will need to save and invest 10 percent or more every year into a 401(k) type retirement plan. These assets combined with Social Security income should be sufficient for retirement. If you enrolled into your 401(k) with a six percent contribution percentage, increase this to at least 10 percent as soon as possible and work towards increasing it from there over time.
3) Not making catch-up contributions
... In 2013 workers can contribute up to $17,500 annually into their employer sponsored 401(k) type retirement plans. But if you're over 50 at any time in 2013 (even if you turn 50 on December 31st 2013), you can contribute an additional $5,500 (which remains unchanged from 2012 limits) for a total contribution of $23,000.
4) Taking a 401(k) loan
Most retirement plan experts agree you should never take money from your 401(k) plan because you are taking money away from what you will need for a financially secure retirement. The biggest risk of borrowing from your 401(k) is that most plan rules require repayment within 30 to 90 days of leaving your employer. That's a disaster for someone who suddenly loses their job. If you don't have the money to pay off the loan it will be included in income as a taxable distribution. If you are under the age of 59 1/2 you'll owe a 10% penalty tax on top of applicable federal and state income taxes. If you don't have the money to pay the tax, the IRS can collect what you owe by deducting it from your remaining balance, virtually wiping out your retirement savings in the plan. Whether or not it's a good idea to take a withdrawal from your 401(k) account ultimately depends on what you are doing with the money, but for the reasons explained here, it's wise to avoid this move, as it can backfire.
5) Not running your retirement numbers
The time to find out you have not saved enough is not after you retire. Now is the time to do some serious number crunching. Calculating how much income your current retirement account and annual savings will generate at retirement is a critical step to ensuring you are on track to achieving your retirement income goals. If your retirement plan offers access to online tools to do this, use them.
© 2013 CBS Interactive Inc.. All Rights Reserved.
  • Ray Martin
    View all articles by Ray Martin on CBS MoneyWatch »
    Since 1986, Ray Martin has been a practicing financial counselor, providing valuable and practical financial guidance and advice to individuals. He has appeared regularly as a contributor on the CBS Early Show, CBS NewsPath, as a columnist on CBS Moneywatch, and on NBC-TV's morning newscast TODAY. He has also appeared on the Oprah Winfrey Show and is the author of two books.










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Thursday, September 26, 2013

IRS Filling The Pipeline With Captive Insurance Cases And Focusing On Dubious Practices




Forbes:

Jay Adkisson, Contributor
I write about asset protection.

Logo of the Internal Revenue Service
Logo of the Internal Revenue Service (Photo credit: Wikipedia)

Mr. John Glover of the IRS General Counsel’s office spoke about captive insurance arrangements Friday in San Francisco at a meeting of the American Bar Association’s Tax Section, which was hosted by that Section’s Insurance Companies Committee and co-sponsored by the Business Law Section’s Committee on Captive Insurance (of which I am the current Chair).
By agreement, the program was not recorded, Mr. Glover’s remarks were not “on the record”, and what follows comes from my notes and should not be taken as anything like a transcript of his remarks.
Mr. Glover has long been instrumental in IRS rule-making with regard to captive insurance companies, and so many tax practitioners in the field hang on to his every syllable and nuance as if he were the Fed Chairman.


The IRS has concerns about risk pooling arrangements and is beginning to focus on such arrangements, stated Mr. Glover, especially in cases where there is nominal laying and assuming of risks, but in the end reconciliation there really isn’t any risk-shift because the captive or business owner will reimburse the pool for significant losses. But there is also concern where the risk pool is simply an account where money comes in, and money goes out, and it is called “insurance” when it is really anything but.
Another concern that the IRS is starting to focus on, stated Mr. Glover, are dubious risks. The example he gave was of a widget shop in Nebraska that purchases tsunami insurance. The IRS has an increased interest in the pricing of captive insurance policies for such things as terrorism, cyber-liability, etc., which may be the subject of abuse.
Notably, Mr. Glover addressed the lack of IRS enforcement in the area of captives, noting that it has taken some time to get cases into the pipeline, but making a special point that the IRS now has more cases pending in tax court against captives than ever before — and the growth of the sector means that the IRS will be tasking more resources towards abusive practices. (This is not to be read that the IRS is challenging captives generally; to the contrary, the IRS now recognizes the legitimacy of proper captive insurance arrangements, and Mr. Glover has himself drafted much of the guidance for that purpose).
Captive insurance cases currently pending before the U.S. Tax Court include:
  • Rent-A-Center, Inc. & Affiliated Subs. (Dkt. Nos. 8320-09, 6909-10 & 21627-10)
  • YRC Worldwide & Subs. (Dkt No. 6714-10)
  • Securitas Holdings, Inc. & Subs. (Dkt. No. 21206-10)
  • Dielco Crane Service (Dkt. No. 21726-10)
  • Pilgrim’s Pride (Dkt. No. 16972-10)
  • Vincent Enterprises, Inc. & Subs. (Dkt. No. 2759-10
Other cases in other courts include:
  • Proliance Surgeons (Dkt. No. 1:09-cv680) (Court of Federal Claims)
  • Salty Brine (Dkt. No. 5:10-CV-00108-C); K&T Farm Ltd. (Dkt. No. 5:10-CV-00109-C); Wasson Solid Waste Disposal System (Dkt. No. 5:10-CV-00110-C); Five Star Consolidated Companies (Dkt. No. 5:10-CV-00111-C); Thomas & Kidd Oil Production (Dkt. No. 5:10-CV-00141-C) (U.S. District Court for the Northern District of Texas) (consolidated cases).
Mr. Glover also stated that IRS agent Steve Henson is maintaining a resource well that is available to answer questions for field agents and assist them with particular issues as they increasingly run across captive insurance arrangements.
But Mr. Glover also noted that in attempting to provide guidance for captive insurance practitioners, the IRS is hamstrung by the lack of case law as to many issues, and at this point can only set out various buoys (his term) to help practitioners stay in the safe waters and away from the shoals.
Aside from Mr. Glover’s remarks, other discussion focused on the importance of following NAIC reserving standards, which the tax court has found to be among the most persuasive evidence in whether the reserves were fair and reasonable. It is also very important for the Board of Directors of a captive to carefully review and approve an actuary’s recommendations.
There was a good deal of discussion at the meeting about so-called “Micro Captive” qualifying for special treatment under Tax Code section 831(b) and about the proliferation of promoters who sell captives as essentially a tax shelter with little or no consideration of the true insurance function of such companies.
Finally, there was a discussion of state taxes as they related to captives after the passage of Dodd-Frank, with some practitioners, notably captive tax attorney Bruce Wright, observing that there has been an significant uptick in the actions by various states to collect these taxes, particularly for businesses in California, New York and Texas. Captive tax attorney Chaz Lavelle pointed out that with rare exceptions the states often win these challenges in the state courts, and, despite there sometimes being good arguments why the taxes should not apply under the Todd Shipyards and Dow Chemical opinions, they are often more costly for captive insurance companies to fight than to just pay the taxes to begin with.
The bottom line is that the captive insurance tax world continues to evolve, and that certain dubious practices that did not merit much attention in the past are now almost certain to receive much stricter attention in the future. That somebody has gotten away with these practices in years before is essentially meaningless, or as the SEC requires in prospectuses:
“Past performance is no guarantee of future returns.”
Jay Adkisson
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