Legacy Law Firm - December 2023

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December 2023

Unwrap the Gift of Generosity How Your Holiday Giving Can Brighten Lives and Tax Benefits

No. 3: Section 529 Plans (Qualified Tuition Plans) make fantastic gifts and have incredible benefits.

As holiday spirit fills the air, so does the desire to give to our loved ones or those in need. When that gift is money, it can change someone’s life. Now, giving in itself should be the reason you do so. But, if you’re looking to make charitable contributions, help with education expenses, or ensure a seamless transfer of assets, an added perk of giving is the tax benefits. So, if you’re feeling generous this year, here are five things to remember to maximize your generosity while safeguarding your financial well-being.

These accounts offer tax-deferred growth and tax-free distributions if used for education. The annual exclusion can also be multiplied five times for gifts to 529 plans ($17,000 x 5 = $85,000) if a donor contributes more than the annual gift tax exclusion for the year. However, a gift tax return must be filed to document the use of annual exclusions for future years.

No. 4: Qualified Charitable Distributions (QCDs) are a great way to donate.

No. 1: Qualified transfers are not subject to gift tax.

Medical and tuition payments made directly to qualified providers aren’t subject to gift tax. They don’t use any of your annual exclusions, either. Payments, however, must be made directly to the educational institution or medical provider to qualify. Also, payments aren’t limited to helping relatives or family members, and the amounts are unlimited. So, if you’d like to help pay someone’s medical or tuition expenses from church, work, or elsewhere, you can do that, too.

A QCD is a nontaxable direct transfer from an IRA directly to a qualified charity (not a donor-advised fund). Assuming you follow the rules, it counts toward satisfying your required minimum distribution (RMD) for the year. The annual limit in 2023 is $100,000 per spouse. QCDs can be made electronically, directly to the charity, or by check payable to the charity.

No. 5: Sometimes, it’s better to inherit.

Generally speaking, when someone dies, the tax basis of their assets is increased (stepped up) to date of death value. For example, say your parents paid $50,000 for the family farm in the 1940s. Because they didn’t want to lose it to a nursing home, they gave it to you 30 years ago. Now it’s worth $550,000. If you sold it, you’d owe a lot of taxes. But you grew up there and won’t ever sell it. Your kids, on the other hand, aren’t as attached. If you give it to them, like your parents gave it to you, and they sell it, they’ll be taxed on all that gain. However, if they inherit it first and then sell it, the gain accrued during your and your parent’s lifetimes (over $500,000) will never be taxed! But before someone asks, no, you can’t get a step-up in basis by “giving” property to someone on their deathbed and then “inheriting” it back within a year.

No. 2: You have an annual tax exclusion specifically for gifts.

Each donor can exclude the first $17,000 (in 2023) from taxable gifts to each donee. The donee must have an immediate right to use and enjoy the transferred property. Gifts of a future interest — like a remainder interest or an interest that vests in the future or is based on some contingency — aren’t eligible.

A Question to Ask (or Answer for) a Loved One Asking and answering important questions helps preserve your family’s values and life lessons for generations to come. Did anything ever happen that made you feel like giving up? What kept you from giving up?

Disclaimer (Hey, what do you expect, I’m an attorney!)

This stuff is complicated. Although this article is meant to provide accurate information, it isn’t legal, tax, or financial advice, and you may not rely on it. Your legal, tax, and financial situation is unique. This information may be wrong or misleading in your circumstances. If you need or want legal, tax, or financial advice or assistance, hire a competent professional. Don’t act in reliance on anything in this

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MONEY WORRIES KEEPING YOU UP AT NIGHT?

EXPLORE EXPERT FINANCIAL ADVICE THIS HOLIDAY SEASON

“The Total Money Makeover” by Dave Ramsey, a New York Times bestseller, is all about practical advice centered around the beginning of someone’s financial journey. He teaches readers how to successfully dig themselves out of debt, how to create a budget that doesn’t leave them starving, tips for creating an emergency fund, and more. Middle-Aged Adults (40s and Early 50s): ‘Your Money or Your Life’ by Vicki Robin and Joe Dominguez By this point in most people’s lives, they’ve established a career and have regularly occurring costs they’ve learned to manage. But isn’t there more to life than that? This book is for those who want to break out of that monotony and finally achieve financial freedom. However, the most significant benefit of this book is that it helps people who have already been stuck on the financial hamster wheel step off and look at what they want in life, set goals for those dreams, and use their finances to achieve them. Pre-Retirees (Late 50s, Early 60s): ‘The Four Pillars of Investing’ by William J. Bernstein Individuals in this age range can see retirement on the horizon. They’ve built their career over several decades and likely have a retirement account waiting for them. However, the fear becomes the thought of running out of money once the steady stream of work income is gone. In that case, setting up a diversified portfolio is a good idea. William J. Bernstein, dubbed “a hero to frustrated investors everywhere,” is an American financial theorist and neurologist. In “The Four Pillars of Investing,” he uses what he knows about people, our brains, and investing to create a practical and easy-to- read guide for anyone looking to start their investing journey and create that perfect portfolio. Retirees (65 and older): ‘How to Retire Happy, Wild, and Free’ by Ernie J. Zelinski At this point, work is in life’s rearview mirror, but that doesn’t mean money is, too. But retirement isn’t just about someone watching a bank account to see how much they have. Retirees want to do the things they love, like the trips they’ve been waiting to take or the hobbies they’ve been meaning to start. Ernie J. Zelinski, an international bestselling author and life coach, agrees. In his book, “How to Retire Happy, Wild, and Free,” he offers advice on making the most out of retirement, including managing finances while pursuing hobbies and passions.

No matter the economy, time of year, or stage of someone’s life, money is on people’s minds. According to a July 2023 report from LendingTree, “56% of Americans say they’re worried about their future financial situations, with 35% losing sleep over money.” The study further breaks down the percentage of this financial fear per generation. It found that over 50% of every age group, from Gen Z to baby boomers, were worried about their finances. Gen Xers (ages 43–58) had the highest majority at 61%. So, can we do anything about our financial situations, or will this fear haunt us forever? Of course, many resources advise cutting back expenses and saving more, but with the average American holding $21,800 in personal debt, doing so is easier said than done. Luckily, financial experts who understand these issues have written books containing far more effective, realistic, and actionable advice than “spend less, save more.” This holiday season, you may find yourself with more downtime than usual — a long plane ride ahead of you to visit family or time off your job. Whatever the reason, the extra time is the perfect opportunity to read the advice from these financial experts and take control of your financial present and future. We also understand that the financial issues a 20-year-old faces are far different than those a 65-year-old might face. So, to help you find the most effective book for your situation, we’re giving you the best books to read this holiday season, categorized by life stage. Young Adults (20s and 30s): ‘The Total Money Makeover’ by Dave Ramsey When young adults are first entering the workforce and beginning to build their careers, every penny counts. Wide-sweeping advice about investing in real estate or the top stocks to buy may not always be realistic, especially with student loans, rent, or a first mortgage on someone’s plate.

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THE FINNISH SNIPER WHO FROZE SOVIETS IN THEIR TRACKS When the Soviet Union invaded Finland on the eve of World War II, it held a stunning battlefield advantage. While the invading Soviet army numbered 750,000 troops, Finland’s military was only 300,000 men. But Finland had a secret weapon: “The White Death,” a sniper who killed at least 505 soldiers in less than 100 days. Simo Häyhä was an unassuming man who stood only 5-foot tall and likely would not have left Soviet troops shaking in their boots. But what he lacked in stature, he more than made up for in skill. Häyhä grew up competing in sharpshooting competitions and often targeted skittish birds that would fly away at the slightest sound. His marksmanship and stealth were not the only reason for his success. He shared an advantage with other Finnish soldiers thanks to white uniforms that made them difficult to spot in the snow during the winter war. But Häyhä took additional measures to conceal himself from sharp-eyed enemies.

SKILLET CHICKEN POT PIE

Inspired by TheModernProper.com

• 1/2 cup butter • 1 cup chopped onion • 1 cup sliced celery • 2 cups sliced carrots • 1/2 cup flour • 1 tsp salt • 1/2 tsp pepper • 1/2 tsp celery seed Ingredients

• 1 tsp garlic powder • 1 cup milk • 2 cups chicken stock • 2 cups peas • 4 cups cooked chicken • 1 package frozen puff pastry, thawed • 1 egg

Directions 1. Heat oven to 425 F. 2. In 12-inch cast-iron skillet over medium heat, melt butter, then add onion, celery, and carrots. Sauté for 5 minutes. 3. Add flour, salt, pepper, celery seed, and garlic powder to pan and stir. Sauté for 2 minutes. Slowly incorporate milk. 4. Add stock and bring to a simmer, whisking until mixture thickens. Add peas and chicken. 5. Roll out pastry sheet into 16-inch square on floured surface. Cut into 3-inch squares and place overlapping onto chicken mixture. 6. In a small bowl, whisk egg with 1 tbsp water. Brush egg over pastry and place in oven for 25 minutes or until golden and bubbling.

He refused to use a scope, convinced the glint of the sun against it would give away his position. Häyhä also hid himself

in snowdrifts where the enemy could not see him and melted the nearest snow on the ground with water so his shots wouldn’t send powder flying. He placed snow on top of his rifle to avoid steam rising after firing and even held snow in his mouth to keep his breath invisible. Häyhä once killed 25 soldiers in one day and struck fear into the heart of his enemy. Due to his seeming invisibility, the Soviets began calling

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article without first confirming with your legal, tax, and financial advisors that it’s both accurate and applicable.

Lastly, I don’t suppose it’d make sense to get an appointment on the calendar in 2024 to make sure your legal and financial plans are up to date and properly aligned? Especially if you’re not 100% sure your plan reflects the legal, tax, personal, and financial changes that took place in 2023 are addressed. Until then, I wish you all a Merry Christmas and a Happy New Year!

him “The White Death.” The opposing army made many failed attempts on his life. But after spending 98 days on the battlefield, the Soviets finally hit Häyhä in the jaw with an exploding bullet 11 days before winning the war. Though the bullet destroyed the lower half of his face, Häyhä miraculously survived an 11-day coma and 26 reconstructive surgeries. He never looked or spoke the same way again, but his disability did not prevent him from living a long life. Häyhä participated in competitive shooting and moose hunting for many years, eventually dying in 2002 at 96. Today, he still holds the record as history’s most successful sniper.

“Give generously, without a grudging heart. Then, the Lord will bless you in all your work and in everything you do.” –Deuteronomy 15:10

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

803-746-7000 www.planningyourlegacy.com 1771 N HWY 321 Ste. 100 BOWLING GREEN SC 29703

INSIDE THIS ISSUE

5 Tax-Savvy Tips to Maximize Your Generosity

1

Your Holiday Reading List: Expert Financial Advice for Every Generation

2

Skillet Chicken Pot Pie

3

The ‘White Death’ Sniper’s Mark on WWII

A Truck Driver’s $14,000 Christmas Miracle

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Truck Driver Received an Emotional Secret Santa Surprise

in gratitude when Eaton announced he had one more surprise left. He then handed Carl a cashier’s check worth $10,000 to spend however he wanted. “Thank you so much,” Carl replied emotionally before trailing off, “You don’t know …” It’s unclear how East Idaho News and their Secret Santa chose Carl as the subject of this generosity, but the selection was no accident. Carl had lost a leg above the knee 37 years prior but still worked four days a week at age 72, sometimes clocking 14-hour days. He’d also suffered more recent setbacks; his wife died from a brain aneurysm in 2010. Meanwhile, he had three COVID-19 infections in less than three years. Despite worsening health and pain caused by his amputated lower leg, Carl continued to begin work at 2 a.m. while also making time to attend his grandchildren’s sports games.

When truck driver Carl opened his trailer door to a news crew in 2022, he did not appear to be in the mood for company. The 72-year-old East Idaho resident initially seemed standoffish and skeptical of the unexpected correspondent and his camera, asking several questions about why they were visiting him. But when reporter Nate Eaton handed Carl an early Christmas gift from “an anonymous person,” he warily relented and invited the crew inside. When he opened the gift box, Carl found a stack of gift cards inside. He appeared surprised and puzzled, so Eaton explained that four gift cards were worth $500 each for gas for his truck. Another $2,000 was included on four additional cards from a local supermarket so he could purchase groceries. In shock, Carl responded, “Holy crap!”

Carl explained the gift meant he could finally retire.

He repeatedly requested the identity of his Secret Santa, but East Idaho News refused to say. So, Carl instead thanked his anonymous gift-giver through the camera. His hard exterior melted away, leaving only gratitude and awe behind. In his last words in the broadcast, Carl promised to “pay it forward” by finding a way to help someone else.

He began to tear up at the unexpected generosity and shook the reporter’s hand

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