How do you teach your children responsibility to others, and in their finances? If you are an entrepreneur, you might consider requiring their serious efforts at your business or practice. At a young age, children can perform many meaningful and needed jobs, from running the vacuum and other cleaning tasks, to sorting and filing. At an older age, they may even research issues with which they are more familiar, such as use of social media, selection of the most utilitarian smart phones, articles for your company Website (or creating website if you are too retro to have done so). Thus we inform and educate our children to the responsibilities involved in a working world – but how is this useful to teach financial responsibility? Let’s take it by the numbers -

How valuable is this? For 2011, the amount which will result in NO INCOME TAX is $5,800 and you still take your child as a dependent for your tax return. If you can justify more income (summer work at more hours, for example), you may add $2,000 and direct that much to a deductible IRA for your child. Consider that $100 per week is $20 per day, possibly at $8 to $10 per hour for a 5 day week, and weekends may add to the result.We all know that after school activities have become an important part of child raising, and the balance may be difficult. If it works for you, it may be valuable in more ways than economic.

Now, if you are single and have a net worth including death benefits from personally owned life insurance, group life and retirement plans of ALL types of over $5 million, then you are subject to estate tax. The rate is 35% of the excess. NOTE: your proper administrative costs are also deductible, so if you are just over, your estate isn’t likely to suffer the tax.

If you are married, your tax situation improves if you are leaving assets to your spouse. There is no tax on assets left to a spouse – or those provided as gifts to a spouse during lifetime. If a well considered trust is created, a married person can create benefits for a surviving spouse and children, and exempt a total of $10 million – $5 million for each spouse.

Estimates are that less than 1% of residents to whom this law applies will actually be taxable. The gift and estate tax combined has never raised over 6% of the Federal Budget. It has remained conceptually one of the more irritating taxes ever imposed, even for those whom it does not affect.

OK, so your estate is going to be taxable. You get it. Your family will be paying out a chunk. In order to be prepared for that reality, you can choose to keep that chunk in cash or near cash assets – which we all know gives pretty poor returns AND isn’t always possible to do. Just to be realisitic, you may have mortgages or lines of credit that will be called due at death. Read your promissory note sometime; death is usually a basis for the lender to demand full payment. Or they could just “deem themselves insecure.” Had a bad day? Feel a little insecure? Call in some loans!!

Wouldn’t it be nice if you could buy that money at the very time it is needed at a discount? You are right, that is life insurance. Pay a little each year over your lifetime and a lot is paid out where you want it at your death. Sorry, not a lot of fun for you, but boy, it will care for the people you care for! Great. Buy life insurance and it increases your estate tax! About one-third to one half of the added insurance will go to taxes – - – unless you create an Irrevocable Life Insurance Trust to buy and own the insurance. If you do that, the money needed will be there without estate tax. The amount saved is truly free!

How does it work? You – called the “Settlor” or “Grantor” – create a special type of trust called an Irrevocable Life Insurance Trust, or ILIT for short. It may be just labeled as an Irrevocable Trust, but have extra language that facilitates the ownership, management and use of the life insurance death benefit to coordinate with your estate. If so, it is an ILIT, a carefully designed trust for a very specific purpose. In the ILIT you name someone other than yourself as Trustee. Usually the Trustee is a professional or institutional trustee, because it is important enough to use professionals, a little complex, and a bit of a burden to family and friends. The professionals will cost something, probably $2,000 to $5,000 annually, depending on a number of factors.

You as the Settlor make a contribution to the trust. In the Trust, you have named certain persons to be “present interest” beneficiaries, with a right to receive a pro-rata share of any contribution. They are entitled to receive notice of the contribution, and may exercise their withdrawal right for up to thirty days following receipt of the notice. Currently the annual gift exemption is $13,000 per donor, and per donee. Married persons may join with each other to make gifts. So if there are three “present interest” beneficiaries named in the trust, and spouses join together to make the contribution to the Trust, the maximum amount which can be treated as annual exempt gifts is:

The Trustee says: “Settlor, I have the money you contributed, and the notices to the present interest beneficiaries have come back with all of them waiving their withdrawal rights. I would like to buy life insurance on your life, and have arranged with this fine representative to do that.” The life insurance is owned by the trustee on behalf of the Trust, and is NOT part of your estate. If you transfer existing life insurance to an ILIT, the Internal Revenue Code treats it as taxable in your estate if you die in three years or less.

Now what? You continue to make contributions to the Trust. Contributing more than is needed for the insurance premium is wise, and the Trustee will invest it, probably in cash accounts until there is enough to do something else. Variable Life Insurance would allow most of the extra contribution to be invested within the life insurance, into the various investment funds available.

The best part is there is more “FREE MONEY.” Investment yield “inside” a life insurance policy is not income taxable until a policy is surrendered. That’s right, not even at death! The proceeds of the death benefit are both income and estate tax free in the ILIT. The ILIT is both authorized and directed to use the proceeds to loan to your estate, or buy assets from it. Your estate (or living trust) then has the cash it needs to pay loans and estate taxes. The assets now held by the ILIT are used for the benefit of your beneficiaries – and note – the “present interest” beneficiaries may not all be the ultimate beneficiaries!

ILITs are therefore “free money,” and one of our favorite tools to preserve families and their assets.

However, the rules are not as clear in respect to non-business expenses.

Second Rule: To be deductible, a non-business legal expense must be incurred under one of the following circumstances:

• The collection or production of taxable income.
• Managing, conserving or maintaining income-producing property.
• The determination, collection or refund of any tax.

Legal expenses of a purely personal nature are not tax deductible. Frequently legal services involve a mixture of personal and business matters which require the attorney to be aware of applicable tax law, and to perform a proper allocation within an opinion letter to the client for tax purposes.

Third Rule: If the fee incurred is associated with acquiring a capital asset, to the extent it is deductible, it is generally first capitalized into the asset acquisition cost, then depreciated or amortized.

TAX COURT CASE: Melat divorced his wife in 1989. In the division of marital property, Melat presented expert testimony on the value of his law partnership to the court. On his 1989 Federal Income Tax return, Melat deducted legal fees respecting his divorce of $28,000, which was 75% of his total fees.

Fees paid in connection with a divorce are usually nondeductible personal expenses. Melat claimed that the fees were deductible because they were incurred to conserve “the future stream of income” from his law practice. The Tax Court noted that the underlying action was personal in origin. Result: no deduction (Melat, TC Memo 1993-247).

Note: Only fees in connection with a rental property or other income producing property may be deducted from gross income. Other legal fees which fit into the “determination, collection or refund of taxes” category generally must be deducted as miscellaneous expenses. Miscellaneous expenses are deductible only to the extent in excess of 2% of your adjusted gross income.