Income Tax Deductions Professional Athletes and Their Managers Must Know About

Professional atheletes are great at making money but often lack the support and guidance they need to effectivelty keep it.

Some Asset Protection issues address active threats, like lawsuits, others address more passive and predictable issues like income and estate taxes. This article provides a simple summary of taxation issues that professional athletes, their managers and legal and financial advisors should be aware of.  Remember there are two tax codes, one for the informed and well advised, and one for everyone else who chooses to pay the maximum. Choose to pay less and keep more.

 

Income tax deductions no professional athlete should overlook:

http://m.sportsbusinessdaily.com/Journal/Issues/2012/04/09/Opinion/From-the-Field.aspx?ana=e_pft

Warren Sapp files for bankruptcy – $100K a month income won’t float his bills

Wealth is finite and fragile – we try to teach those we work with some simple basics, like the “habits of wealth”, the value of liquidity and being able to pay your bills for an extended period of time if your cash flow stops, as his might in August when his contract expires. 

It’s not just what you make, it’s what you keep. Mr. Sapp is busted on $100K a month in income.

 

 

See the story here:

http://sports.yahoo.com/blogs/nfl-shutdown-corner/warren-sapp-files-bankruptcy-180825203.html

ADDITIONAL READING:

The Common Traits of Long-Term Wealth – Staying Rich 

Former NFL Star, Jim McMahon named in FDIC Lawsuit – Board Member Liability – Asset Protection

The FDIC brought a lawsuit against Illinois Broadway Bank and former NFL player Jim McMahon is one of the seven former board members for the bank.

 

The FDIC is suing to recover $104 million from 17 bad loans that the bank made before it shut down in 2010.

We warn all clients about Board Member, Officer’s and Director’s liability issues as this has been an increasing source of third party exposure. This liability extends to both for-profit and non-profit enterprises and has become increasingly onerous and and a source of negative publicity, stress and a serious financial risk.

Before joining any board be sure and have written confirmation of the insurance policies they may have in place in place and their indemnity policy as it applies to your specific role. If they don’t have one, tread carefully and understand you are serving at your own risk and expense.  Even if they do, assume it won’t be adequate against a liability of the kind pointed out ere and have your personal assets properly firewalled.

 Professional athletes, entertainers and other public figures including business luminaries are often used as bait to lure people to business and charitable enterprises. Being in that position carries specific risks and liabilities. – Ike Devji

See The Whole Article here:

 http://sports.yahoo.com/blogs/nfl-shutdown-corner/jim-mcmahon-named-bank-fraud-case-just-one-172358322.html

The Physician and Business Owner’s Guide to Selecting a Lawyer

We’ve covered many issues affecting doctors and their business and legal needs, specific exposures, and even some of the team members required to run a medical business. Hopefully this discussion has allowed you to identify areas in your own practice where you should be asking the right questions and seeking the guidance of experts.

Today we’ll provide some basic tips to help doctors pick the best legal help:


1. Work with an actual lawyer: It sounds obvious, but many “planners” implementing legal planning are not attorneys at all. While there certainly are specific instances where document preparers and other kinds of planners can execute or record certain basic legal instruments, it must be remembered that such a relationship is unprotected by any attorney-client privilege and is discoverable with a simple subpoena, which will unearth all e-mails and other communications and work product.

As such, any business that requires confidentiality respected by the courts must be executed by a licensed attorney. Furthermore, reliance on the advice or actions of such a person subjects you to full liability for any actions they take on your behalf and they typically are not subject to any real professional liability for the outcome. A simple way to check is the bar association website of nearly every state. Most of these websites typically allow you to search your attorney by name and see if she is in good standing or has any pending disciplinary issues.

2. Don’t JUST shop on price (and know what the fees include): Remember that in many cases working with an experienced professional that is well-versed in a specific area of the law will be more efficient even if he or she bills more per hour. Specialized, experienced professionals have a running familiarity with the law and controlling cases as well as the other experienced players in the particular field of law in which they practice.

This “reach” and “network” is an asset to their clients and will often allow them to get things done in a more cost-efficient way than their less-experienced and lower-billing counterparts. In some cases fixed-fee billing may be appropriate. Make sure you understand what those fees include and what kind of ongoing support and access the planner provides to his clients if required; many hide huge fees on the back end to lure you in up front. Be wary of any ongoing fees involved to use the planning in addition to what it costs to just set up. Ask specific questions about accounting, compliance and tax status and reporting burdens.

3. Ask specific qualifying questions: With a few narrow exceptions, lawyers can list just about any practice area they want to on their websites and say they “do it.” That does not necessarily represent their training and experience in that area of law.

Look carefully at their professional biographies for experience specific to your particular legal issue. Ask direct questions about the amount of time they have been practicing in that specific area, what the outcomes have been and how many cases they have personally been involved with. Depending on the issues at hand ask about the kind of people they work for, their average net worth, and if discussing an area of specific concern to doctors or their professional liability (i.e. HIPAA, Medicare, privacy, records), ask how many physicians or medical practices they have done this type of work for.

This is obviously a doctor-specific question but an important one if you are a physician or the advisor of a physician doing due diligence on their behalf. In my experience with a client base that includes thousands of doctors, we have learned that medical professionals of all types have unique needs and specific technical and legal exposures that only get more onerous as their success grows.

4. Ask for professional recommendations: This can be tricky for lawyers, especially those who practice in sensitive fields where clients value their privacy (such as asset protection), as opposed to possibly less-sensitive fields (such as real estate). Most attorneys should be able to provide at least a couple of professional references that can speak specifically to their experience in this field or from related professionals outside their own firm that refer clients to them for this specific service.

Consider these issues a starting point in your search and check with your existing advisors. They may have access to qualified counsel outside their area of expertise if they regularly serve people like you.

As always, the information presented here is general and educational and can never replace the advice of experienced counsel specific to your assets or situation. This article originally appeared at www.PhysiciansPractice.Com where Ike Devji is a regular contributor, and is reprinted here with permission.

“Prepping” from an Asset Protection Point of View – What is Your Family Ready For?

This article originally appeared in Physicians Pracrtice as a two part series, I provide both below. Asset Protection is not just about lawsuits. It’s about a rational understndinig of all risks and exposures and being prepared for them, it’s a state of mind that provides the confidence of being prepared for the unexpected. Sometimes those unexpected events are financial or legal, sometimes they are much broader and more basic. As always, timing is key – you can’t prep for something that’s already happened .  – Ike Devji

Recent events like the seemingly impossible East Coast earthquake and the hurricane season have been good reminders that we need to perform financial check-ups periodically on a variety of issues. In the past we’ve discussed a checklist of essential legal and financial planning, but even when that planning exists a periodic review is essential to make sure that it is adequate, known by your family, and complete.

Your Estate Plan, Mortgages, and Titles to Property/Insurance Documents: Where Are They?


Most people overlook the importance of being able to document the important business and legal transactions that are the center of their wealth and security. Amazingly few of us take proper care of those documents or have a place where they are safely and predictably stored. Yes, those paper banker’s boxes from the office supply store are great until a flood, fire or other unexpected surprise takes them out, then what? When Costco and other big retailers have fire- and water-proof safes that will hold your documents for as little as $100 — and larger gun safes capable of holding documents, jewelry, laptops and many other valuables for as little as $500 — delivered to your door, there is no longer an excuse to not have some way to secure these items.

Who ELSE Knows Where These Items Are?
In many families, certain issues are often handled by one party or the other, even if these issues are joint decisions. We often see an unfortunate gap in the knowledge of the details, however. This adds stress, expense, and delay during difficult times. Make sure your spouse or (or other responsible parties) knows where the documents are and how to reach them. If you have team members, like a financial planner, lawyer, insurance agent, and CPA , make sure your family knows who they are and how to reach them.

Is Your Insurance Coverage Adequate and Complete for Your Current Level of Success?
As hard as it is to believe, there are still people with substantial home equity. Most of those people have been in their home a decade or longer or committed a large amount of cash to the purchase of their home, making it one of their most valuable assets. A review of the homeowner’s policies of many of these people shows some frightening gaps in the coverage in several areas.

First, we often see that the PERSONAL PROPERTY LOSS coverage successful people have in place does not account for what they have accumulated and purchased in terms of their décor, furnishings, appliances, fixtures, and clothing. Take a look at your policy and see what the limits are then walk around the house and add up the costs of the contents of every room and whatever you have stored in the garage and attic (bikes, sports equipment, holiday décor, etc.) and you will likely be stunned by the amount of money you have tied up in those things. Now imagine having to replace all of them out of pocket in current dollars…

Second, we often see that valuable collections of personal property are under-insured, uninsured, or completely excluded from certain policies. Common examples include guns, high-value electronics, and jewelry.

Finally, make sure the alternate dwelling and replacement cost for complete loss coverage you have in place is adequate for your current family. The policy limits you put in place while single or newly married may not be enough to cover adequate housing for your family of four with two pets while your home is being rebuilt. Similarly, the construction cost of your home at its current level of finishes and upgrades may be substantially above what your insurance company thinks is “reasonable, adequate, or equivalent”. If you have spent large amounts of money upgrading your home, finishing that basement, and redoing the kitchens and bathrooms, you know what’s involved; be sure your carrier knows too.

PART TWO

In the first part of the “family risk drill,” we covered a variety of issues related to your legal, financial, and insurance preparedness for a variety of risks including disasters like floods, fires, and other losses. Since that time a massive two-state, two-country blackout was in the headlines, shutting down power for several million people in Arizona, California, and parts of northern Mexico. Thankfully, the grid was restored in about 24 hours, but even that short amount of time did millions of dollars in damage and resulted in food losses, business closures, security risks and airports being shut down, not to mention that it required the shutdown of two reactors in a major nuclear power plant.

The majority of disaster preparedness experts aren’t concerned with terrorists, zombies, or enemy invasions. They are worried about issues like natural disasters, technology failures (like power grids), and pandemic illnesses.

Imagine how many parts of the country would be devastated by prolonged power failures in the extremes of an East-Coast or Midwestern winter or the brutal summer in the southwest and the possibility of a disaster becomes much more realistic in our technology driven age. 

Do You Have a Plan Everyone Knows?

Have a simple plan on two key issues: where you meet if the home is lost, damaged, or inaccessible and who you call or go to if you need to leave a message or have lost your phone or transport. In some cases, just having a place to check-in is vital. If your spouse or kids could not get home because of a natural disaster, do you know where they would go instead? Do you know who they’d go to instead or check in with if their cell phone was dead?

Are Your Digital Assets Safe?

Much of your vital information is stored on a computer in the home that could be easily damaged or stolen. Make sure it’s backed, up, invest in back-up power supplies, and think about the security of those items like any other easily portable valuable. Remember that having a back-up drive that’s on the floor, under a desk, or a place likely to be stolen with the computer if your home is broken into is not much help at all, especially if you need the backed-up photos and scanned receipts to document the contents of the home that are damaged or missing. Consider using services like Lo-Jack and various cloud storage options for your computers and take advantage of the “Find My Device” features on Apple products like iPhone and iPads before a problem occurs when they are lost or stolen. Finally, password protect all computers, drives, phones, etc.

Can You Last Even a Few Days Without Technology?

Remember that we are extremely vulnerable due to our dependence on electricity and computers. Even most affluent people have very little cash on hand, a fact that renders them penniless during something as simple as a blackout or other weather emergency that will either make banks and credit/debit cards inoperable or inaccessible if they shut down due to a “run” on the bank for cash in a panic. During a prolonged period of extreme weather or a power failure food will spoil quickly and the few stores that do open won’t be able to take your credit or debit cards, only cash.

In most places the same is true for gas stations, natural gas, and even tap water, most of which is controlled by electric pumps and regulators somewhere. Make sure you can last at least a short period of time with what’s in your home. This means reasonable amount of food, water, sources of warmth, and perhaps most importantly a short reserve of prescription medicine for those who are dependent on it for life-sustaining issues as simple as insulin. Also, if power grids are down, the dispensing of controlled medications requiring prescriptions will come to a complete halt. Ever been to a Walgreen’s when the “system is down?” Then you know what I mean. Got a big co-pay? Good luck paying for it without your credit cards working even if the store is partially open.

Personal Security

This is perhaps the most controversial issue. This does not just mean guns, however it can often mean simple things like locks, light sources, walkie-talkies and even a good old fashioned big dog with a big bark. Think about your home and the vulnerabilities that arise in the kind of extreme situations addressed above.

As always, the list could be pages long. This discussion has a simple goal; to get you to start thinking about your exposures and address them in a calm and reasonable way, as preventative medicine.

 

As always, the information presented here is general and educational and can never replace the advice of experienced counsel specific to your assets or situation. This article originally appeared at www.PhysiciansPractice.Com where Ike Devji is a regular contributor, and is reprinted here with permission.

VIDEO – How Asset Protection Works

A great simple explantion in this video by my friend and associate Douglass Lodmell:

Arizona Anti-Deficiency Overview – An Asset Protection Road-map

As we have discussed often in this forum, Asset Protection NOT just about lawsuits, it’s increasingly about any source of loss, risk or exposure to your hard earned wealth.

In some cases your assets themselves, like real estate, create the liability we are concerned about. Given the carnage in the real estate market over the last few years, especially in the Southwest, knowing what you are signing and which of your assets are affected is half the battle. Think of all the wealthy peoplel you may know that lost some or all of their assets over the last few years and the need for this education become even more clear.

This article summarizes Arizona’s mortgage deficiency protections for residential property owners. It provides a description of the foreclosure process, real estate security instruments, and the types of properties and loans that may qualify for deficiency protection.

 

Attorney Gregory Hague, Phoenix

It was authored by attorney Gregory Hague, who’s name you may recognize from his many successful years in the real estate business in Phoenix, Scottsdale and Paradise Valley. Greg has combined that invaluable experience with his legal practice and now handles a variety of real estate related legal issues as a partner at the Phoenix Arizona law firm of Stinson Morrison Hecker, LLP. – Ike Devji

Read Greg’s Article: http://www.jdsupra.com/post/documentViewer.aspx?fid=506b99dc-f20e-4c3b-9b63-cfe9c32e53af

Learn more about attorney Greg Hague and his firm or get his contact info here: https://www.stinson.com/GregHague/

Business Owners and Managers CAN Influence the World for the Better – Choose To Do So

Like you I get a lot of email newsletters on variety of business and legal issues every day, much of it negative or scary . Most of them are unremarkable and get skimmed and deleted quickly. Every once in a while you get a gem, a good reminder of something you should be doing or thinking or striving toward. Nate Hagerty sent me one of those this AM and he gave me permission to share it here. 

The business leaders I have been privileged to work with in different ways are very tough and very smart. The best among that group are also acutely aware of a sense of responsibility and the role they play as leaders of their families, employees and even their communities at large. Nate reminds us of some those issues here and what we all must do to get our country and our futures back on track. See more about Nate and what he does at the end of the article. – Ike Devji

 

You’re vastly more important — and powerful — than you think you are.

I was pointed to a great film recently, by my friend Perry Marshall, called
the Miracle of Pittron. It’s about a Piitsburgh metal foundry plant manager
named Wayne Alderson, who said: “People who own and manage companies
have huge potential to influence the world for the better.

“Why aren’t they using it?”

Especially during tax season, it’s likely that you are forgetting how powerful
what you are doing really is.

Because it’s NOT about filling out a bunch of tax forms.

Let me remind you of a few things…

* For most people, their $1300 mortgage is a big deal. You face a $13,000
or $130,000 monthly payroll. You might as well be bench pressing 800 pounds
for all they know. But you do it, month in, month out.

* Everyone else is brooding about problems, scandals and financial armageddon.
You get to shine your spotlight on what people CAN do, what IS possible, the
ingenuity which solves our problems.

* The media is chock-full of complainers, psycopaths and Cassandras. YOU,
on the other hand, live in a world of opportunity and expansion. People respect
and listen to you (whether you realize it or not) — because you’ve earned it, and
because they see that you’ve gone farther than most any of them have.

* You are a beacon of hope to hundreds of families and other business owners –
and not just because you take painful work off their hands, but because you
can be the only person in their corner who is saying: “YES. You really can
do this” with the authority of somebody who actually knows their intimate financial
details.

* Your income is solely determined by YOU, and the actions you do (or don’t) take.
Most people live by the drips and drabs of other people’s bounty … but not you,
You are able to take quantum leaps and pour resources into others, into
causes and into your family, simply because of the choices you make.

So stand tall. Keep the long game in perspective, even now
when the bullets are flying. 

Because who else in your circle will?

See more about Nate Hagerty and the good work he does with Financial, Legal and Accounting Professionals Here: http://www.buildaherd.com/# or see more about Nate on Linked-in: www.LinkedIn.com/in/NateHagerty

Intangible Traits of Successful Business Leaders – Success and Leadership

By Ike Devji, JD

The majority of our discussions in this forum focus on specific intelligence and business tactics that support and preserve your success. However, I’m reminded of the less tangible elements of success on a regular basis by people I come across in my work. In most cases the things I make note of are positive, things I want to emulate. In other cases they are things I found repelling.

I wish I could say I did all of these things all of the time, I don’t.

I started keeping track of some of these things recently to have an ideal to focus on. I share this list, along with the input of some of the successful people I’m fortunate enough to work with in different ways below. That group includes doctors, a practice management expert, a business coach, fellow attorneys, one the nation’s top tax consultants, a billionaire and a magazine publisher, among others. These elements apply to all business leaders and segments.

For me, this is a clear reminder that at the heart of nearly every successful business are two simple things: people and relationships.

 

1. Be of your word on all issues big and small.

2. Be patient when others forget and remind them graciously and kindly.

3. If you are being reminded, act quickly and take responsibility.

4. Try to listen more than you speak.

5. Be on time and value everyone’s time as highly as you do your own, including that of your friends,

family and those you work with.

6. Help someone if you can, just because you can, whether it helps you personally or not (it always does

even if you don’t know it).

7. Give without any expectation or strings.

8. Have the best “rolodex” possible and surround yourself with experts.

9. Be humble about what you know, and always assume there is more to learn.

10. Pay people what you owe them quickly and without being asked.

11. Have patience and humility with those who know less, there’s always someone smarter than you.

12. Think carefully before you speak.

13. When angry, pause and walk away at least briefly before e-mailing, calling, or confronting someone.

14. Strive to make every business transaction a “win” for all parties that everyone feels good about, will tell others about, and wants to repeat.

15. Have genuine gratitude for all you have been given and all those who have helped you achieve it.

16. Treat friends, family and co-workers as well as you treat your best patient or client — use that as the

yardstick to measure your own actions.

17. Be quick to praise and slow to criticize, when you do make it constructive.

18. Don’t avoid conflict and don’t create it. Address issues with others in a timely, respectful way so

they can show you their best.

19. Don’t be/stay mad at someone who does not know why.

20. Don’t overpromise.

21. Presume others are doing their best despite your dissatisfaction.

22. Appreciate the big picture and the likelihood no single event, standing alone, will dictate the course

of your future.

23. When someone is sorry; forgive.

24. Learn how to pick your fights.

25. Always try to “pay it forward.”

26. Value competency and loyalty most highly in all those you work with. Nearly all else is a non-issue

that can be resolved.

27. Give without expecting something in return.

 

This article was originally written for and published by www.PhysiciansPractice.Com, The Nation’s Leading Practice Mgmt. Resource, where Mr. Devji is also a regular contributor.

Deeding Your Home To An Asset Protection Trust: Due-On-Sale Clause Lies

Great simple article on protection of your home using an Asset Protection Trust by my associate Douglass Lodmell. Many of our clients have six and seven figures in home equity. We are routinely shocked at how many successful eductaed people who have detailed and expensive estate plans in place were simply told to put it in their revocable living trust where it is completely exposed.  Some states have great homestead laws that protect your home up to its full equity value, most do not. – Ike

Recently we’ve heard a lot of rumbling from clients about banks that are just plain uncooperative and unwilling to adhere to any measure of reason with respect to asset protection trusts.  Specifically, it seems that banks are succeeding at scaring people who want to refinance their homes.  The typical situation goes something like this:

A client holds her home in an asset protection trust and decides to refinance it.  The bank, however, has other plans.  The bank offers to refinance the home but only if the trust is amended to erode all of its asset protection features, rendering the trust totally useless.  But our clients are savvy, so they propose to remove the home from the asset protection trust and then refinance it.  Only one problem with that plan, as the bank usually proceeds to scare the bejesus out of the client by stating that if the home is ever deeded back to the trust, the due-on-sale clause will be triggered.  Effectively, that means that the bank can call the entire principal due on the loan.

It’s usually at this point that we get a call from the client asking for help, which is unfortunate since the bank is simply acting nonsensically.  Financing a home held in an asset protection trust does not impair the bank’s rights and security interest in the home at all!  It simply keeps your other creditors away from the home.  In short, the bank is massively wasting everyone’s time.

See The Entire Article Here: http://www.lodmell.com/deeding-your-home-to-an-asset-protection-trust-due-on-sale-clause-lies