Clarifying Tax Law Confusion

Last month, President Trump issued an executive order to provide employees relief from withholding taxes. The result is additional take-home pay for the employee. This article focuses on the mechanics and results of this order. I will also opine on the impact of such order to the solvency of the Social Security Benefit Program which, as stated in my previous article, remains marginally funded through 2035.

We all wish to create greater amounts of cash flow for our living expenses but at what price does this wish come true? For example, if you are currently employed, you are contributing to your future through a withholding program titled “Federal Insurance Contributions Act” abbreviated as FICA. Two components make up the FICA portion of your paycheck withholding. The first component is the Social Security Tax, also called the Old-Age, Survivors and Disability Insurance (OASDI) Tax, at a rate of 6.2% of your gross wages to a maximum wage limit of $137,700.

The second component of the FICA is the Medicare Tax at the rate of 1.45%. This tax is applied to all wages paid to an employee. Unlike the Social Security Tax, the Medicare Tax has no annual wage limit. These withheld funds are committed, by the U.S Government, to your future for purposes of assisting with lifestyle expense. 

The president’s order requires employers to discontinue withholding the 6.2% FICA from employees’ paychecks. However, the employer continues to be responsible for the matching funds at a rate of 6.2%. To further complicate the application of the order, employees with bi-weekly income of greater than $4,000 do not qualify for the deferral of the 6.2% Social Security Tax. Based on a weekly payroll of $2,000, employees earning less than $104,000 in annual wages will be eligible for the deferral and will take home more net pay.

As with any tax benefit, the applicable period for the deferral of Social Security Tax for eligible employees is September 1 through December 31, 2020. The desire of the Executive Branch of our government is to develop a law that will allow the deferred balance of Social Security Tax to be eliminated instead of repaid by the employee.

To remedy the confusion on which party, employer or employee, pays the deferred Social Security Tax, the IRS issued on August 28, 2020, Notice 2020-65. The notice directs employers to remit the deferred Social Security Taxes ratably over the period January 1, 2021 through April 30, 2021. Failure to remit the taxes deferred from 2020 will subject the employer to interest and penalties.

One could argue the additional cash flow required to pay both employee and employer shares of the Social Security Tax places a burden on the employer. What will be the tax deduction allowed the employer if both shares of the tax are paid by the employer? Tax policy would dictate the fairness of allowing the employer the deduction since the economic impact is actually borne by the employer. However, tax policy in the United States is not based on equality but rather revenue generation. Who knows what will happen until we receive additional guidance from the Treasury Department?

Until then, keep smiling, enjoy your extra cash and I’ll see you on the golf course! 

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Social Security Funding Challenges

Social Security benefits are considered sacred territory by elected officials due to the large number of voting beneficiaries. This important “third rail” of untouchable programs started with a mission and purpose that was admirable. However, the projection of beneficiaries compared to those taxpayers funding the program has been dealt a significant blow lately.

To provide working families a larger paycheck, the president has recently ordered that all employer withholding for FICA and Medicare contributions from employees be deferred until January 1, 2021. Can you imagine the furor this caused? Although the intent is beneficial for those working, it is not an elimination of the tax from the pay but merely a deferral. This means that you, the employee, will be required to pay the deferral back to the system at some point. 

The IRS has not issued guidance on this process for repayment but the deferral will begin September 1, 2020 and continue through December 31, 2020. Let’s look at an example of the additional funds an employee will retain through this deferral period. Assume the weekly salary is $500. An employee’s share of SSA benefits withheld, notwithstanding the Medicare portion of 1.45%, is 6.2% of the gross salary or $31.00 ($500 x 6.2%). As of the date this article was authored, seventeen weeks remain in 2020. This provides the employee with an additional $527 of cash flow for her living needs.

How will this seventeen-week deferral impact the reserves for Social Security benefit payments? The SSA Board of Trustees analyzes the economic projections of the program when issuing their report to the public. Below is a graph reflecting the solvency of the program through 2035 under current funding projections.

Old-Age & Survivors Insurance & Disability Insurance Combined Trust Funds Reserves

By reducing the contributions of working individuals to the program for the short period, officials estimate the solvency would be impaired much sooner. Change creates confusion and chaos soon ensues. This is the current state of the changes to the Social Security Program funding for the remainder of 2020.

What does it mean “the program will be insolvent” in 2035? The SSA Board of Trustees has projected the program can continue to fund existing beneficiaries from current income received by the fund. However, the level of funding will only allow beneficiaries to receive approximately 79% of scheduled benefits. What will this mean for future beneficiaries? An obvious answer I inform younger clients is that the program will be available for them but we are not certain of the benefit structure.

One caveat I would offer is that current beneficiaries will not be impacted by this short-term change. However, future changes of a more sustainable nature should be addressed to continue the functions of the current program. The funding source (employed citizens below the retirement age for program benefits) is shrinking in comparison to the beneficiaries receiving benefits.

It is critical that one does not solely rely on SSA benefits for your retirement income. By becoming self-sufficient for your needs, you will be confident and enjoy your retirement years much more. If you are concerned how the changes to the Social Security Program will impact your retirement decisions, seek out a Certified Financial Planner® professional that specializes in retirement planning. It never hurts to get a complimentary second opinion. See you on the golf course!

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Retirement Planning and Tree Planting: Common Traits

An ancient Chinese proverb states, “The best time to plant a tree was 20 years ago. The second best time is now.” What do tree planting and retirement planning have in common? Both reward you by starting early and expecting the harvest much later in your future.

One of the “seeds” we plant in the lives of younger professionals is that the future arrives much sooner than most anticipate. I don’t mean that time speeds up but rather that life has a way of causing you to focus on many other tasks that will rob you of your future savings goals. For example, when you were graduating high school and received all of those beautiful congratulatory cards filled with checks and cash, you thought the future was so distant that you were immortal. 

However, in just a short period of time, you go to your mailbox and find the ornate envelopes addressed to you. Opening the envelope, you quickly realize it is a graduation announcement from a friend’s child! “How can this be?” you say out loud. Time has a way of moving consistently forward in our lives and, if we aren’t careful to notice, passes us by without our comprehending the importance of events and people around us.

What does this have to do with retirement, you ask? Everything! We provide financial planning and counseling services to younger professionals. When we inform them of the balance needed in their lives to meet all of their lifetime goals, they are quick to point out that the amount of funds allocated to their retirement seems excessive since they are so young. I love it when this statement is said so boldly by the young person! This recognition of time being so far away from their current reality allows us to demonstrate the difference between a little invested today and the required larger amount to invest if she starts 20 years later to save for retirement.

After the calculations and graphs are reviewed with the person, you can literally see the look in their eyes as to how fast time truly passes. The key to planting the money tree needed for retirement enjoyment is today. Too often people come to our office to discuss retirement planning and leave with less confidence in reaching their goals because of the lack of time to accumulate assets properly.

To help you start today, we have produced our “Top Ten Tips for Saving Today”:

Tip #1: Elect to participate in your employer’s retirement plan. Even if the amount is small, the plan will typically match a certain percentage of your contributions which will help you grow your funds more quickly.

Tip #2: Forgo the cup of latte, double shot, no foam every other day and place these funds in your savings. You will be surprised how much you can save in a year!

Tip #3: Pay yourself first. This is our mantra when clients ask us how to save for the future. You must take advantage of the tax laws to plan for all applicable deductions possible. Invest in your future, not the government.

Tip #4: Find an accountability partner. Saving is like exercise; you must perform both on a consistent basis to see the results. When I started exercising (again) regularly, I didn’t notice results for a month or so. Then the magic came alive one day when I was putting my suit pants on – they were too big! Your saving for the future will work the same way. Find someone to hold you accountable for exercising and saving.

Tip #5: Do what wealthy people do. Budget each year and consider your savings goal as the first disbursement for your monthly funds. The key difference between the behavior of wealthy people and ordinary people is their approach to saving for their future. Wealthy people will save their desired portion of income first and spend the rest. Ordinary people will pay their bills first then save what’s left.

Tip #6: Don’t stop investing your savings in difficult market cycles. Emotions rule a lot of people. However, to be successful in saving for the future, you must be consistent in your investing. Think about the process as if you were shopping. Look for bargains that have fundamental characteristics of a good investment. These are typically found when the markets are in recession or downturns. 

Tip #7: The stock market is an auction use it to your advantage. In its simplest terms, the stock market is based on someone selling something and someone else buying it. Don’t be confused with the technicalities of the market. Consider a well-balanced portfolio and consistently fund it through good and bad markets. You may find that you are well rewarded in the long run.

Tip #8: Rent don’t buy. Before you think you know what I am referring to allow me to explain further. Don’t buy assets that are low utilization but require significant investment of time and money. One primary example is a boat or recreational vehicle for most people. Besides maintenance, insurance, storage, taxes and other costs are borne with these assets that could be alleviated by renting one when you need it. Recently, we rented a house boat for a weekend on the lake. The gas tank was full and the maintenance, as well as all the required safety equipment, was completed by the leasing company. All we did was enjoy the weekend and turn the craft back in after we were through.

Tip #9: Invest your raise in salary. Instead of increasing your monthly living expenses by the same amount of funds you received in your recent raise, consider allocating the raise to your future savings. If you have been living comfortably, why should you change your lifestyle simply because you make more money?

Tip #10: Recite often the nine tips above so that you are not easily distracted by the “bright shiny objects” that appear before you while living your dream life. One word that I have used, on purpose, throughout this article is “consistently”. Without reviewing your actions periodically, it is easy to find yourself off course and in treacherous waters. 

Seek out a professional to help you establish a plan and work the plan like your life depends on it – because it truly does! See you on the golf course. 

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Eliminating the Top Three Fears of Pre-Retirees

Retiring is a big step in life for most people. Along with this new lifestyle comes the fear of the unknown. You do not have to be subject to these fears if you simply follow the process outlined in this article.

Let’s identify three fears causing the greatest concern for pre-retirees. First, most people have enjoyed a career where they receive consistent paychecks and benefits. At retirement, there is a sudden realization that the ever-flowing money and benefits immediately stop! You don’t have to feel this way if proper planning has been performed. For example, if you have saved properly in your employer retirement plan, a series of consistent payments can be established to provide you a lifestyle you desire. Proper assumptions must be considered when establishing this stream of cashflow to confidently assuage the underlying fear of “running out of money”.

Why would you work so hard all of your life to simply exist in retirement? I am pretty certain that no one listed “barely survive” as a retirement goal! Start saving for retirement early and you will reap the benefits of living a life you desire.

The second fear of pre-retirees is the unknown cash needs of other family members while the retiree is enjoying life. When planning and analyzing the needs of the potential retiree, it is critical that you consider the needs of other family members you have supported during your career. What I am referring to is the “sandwich” generation. Some individuals are not only caring for their retirement needs but the needs of their parents and/or children (hence the name, “sandwich” generation). Challenges to the traditional family structure have been monumental in the past two decades. In years prior, the retiree had only their existing household to care for during the period after employment. Now, the retiree may be called upon to assist in college funding, caring for an elderly parent, etc. The world is a different place today and these considerations should be given some thought during the planning process. 

To alleviate this fear, consider allocating a certain amount of funds to be invested in a manner that provides for these needs. Are there assets of your parents that may have considerable value but no cash flow capabilities? If so, perhaps selling the property would provide sufficient support for your parents’ futures. If not, this special fund would give you confidence that your retirement is secure while also meeting your obligations you desire to undertake for your family members.

The third and final fear of pre-retirees is the rising cost of medical care and its negative impact on their retirement assets. This is a tough one for most people. Proper medical care is necessary to allow you to enjoy the highest quality of life in retirement. However, with medical care rising approximately 6% per year for pharmaceutical and physician visits, a significant ailment could wreck your well-planned future. Consider utilizing Medicare Programs to your advantage. For example, it is critical that you consider a supplemental plan to your Medicare Parts A and B coverages. The remaining 20% of inpatient costs would be a material burden on your assets and cashflow if you were required to pay it out-of-pocket. There are many types of supplemental plans that cover various levels of support. Analyze them and consult an expert for guidance to select the proper plan for your needs.

If you are concerned about the rising cost of prescription drugs, and are enrolled in Medicare, consider the Medicare Part D Program. You may find sufficient coverage for your needs for a small premium each month. One caveat to this plan is that you will be penalized for enrolling in a period after you are initially qualified at age 65. For example, after your 65th birthday, you are eligible to enroll in Medicare Part D. 

However, your health is great and you don’t expect a costly amount of prescriptions. Then the unimaginable happens – at age 68 you experience a significant health event that requires expensive medication each month. You quickly enroll in Medicare Part D at the next enrollment period and realize that your monthly premium seems higher than you remembered at age 65. The difference in rates is the late enrollment penalty calculated at 1% of the national base beneficiary premium assessed each month from your originally qualified enrollment date to the month you enrolled in the program. In our example above, 36 months had lapsed from the date of the originally qualified enrollment date for the individual which means the monthly premium penalty would be 36%. As a result, your monthly premium for Medicare Part D coverage would be 36% higher than the national premium. As you can see, this penalty can become material rather quickly.

There are many factors to consider prior to retiring. We have a saying we use with our clients, “You retire for the first time only once. Don’t make a lifetime mistake when you do so.” Retirement planning is a process that should be addressed in advance and, to provide the greatest probability for success, consult a professional that specializes in retirement planning. Life is meant to be lived, not feared.

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Time — Your Most Powerful Savings Weapon

The most powerful factor to assist in the planning for your future is time. However, time is also the one factor of investing that you can’t control. What do you do? 

To properly unleash the power of time in the calculation of compounding interest, you must start early to invest. You have more control over your future than you know. For example, if you saved only $100 each month from the time you graduate college at age 22 until you reach 30 and invest it prudently, say at an annual return of 6%, you would accumulate $12,344.27. Not quite ready to retire at age 30, right?

What happens when you continue saving each month but the amount is increased to $250 from age 30 until age 67, which is the age full retirement age for Social Security Benefits and assume the same annual rate of return? Of course, the amount in your savings account would be much higher if all assumptions were realized. How much would you realize in your savings account at age 67? You would have accumulated $522,896.95! Now, can you retire and live the life you choose? It depends. 

The key financial principles to learn from this illustration is that time and compounding of interest have helped you grow your account by $402,296.95 and you only invested $120,600. What if you had invested a little more each month, say $500 per month from the age of 30? You would realize a total of $932,763.11! To illustrate the power of these two financial principles, you have saved only $231,600 from your earnings and the account grew $701,163.11. 

What if we looked at this from another angle? Let’s assume that you enjoy coffee. Instead of the latte with extra espresso that costs $3.50 per day, you save this amount in your savings account each week for a total of and invest the funds to earn 6% annually. How much would you have accumulated in 45 years? $294,561.07! Now, that is a lot of coffee money.

The overall lesson to learn from these illustrative calculations is that you can save a significant amount of money for retirement if you start early in life. Time is the most powerful of element when growing money for the future. Of course, no one earns an exact 6% each year for forty-five consecutive years. However, the calculations provide you some motivation to start saving at the earliest point in your life. 

One of the best methods of accumulating money is to fund your employer retirement plan with as much as you can defer from your salary. Most plans feature a matching contribution from the employer, when coupled with your potential for growth, would help you reach your savings goals faster.

These simple concepts can work for you if you maintain discipline in the process. Too many people believe they have plenty of time to save for retirement and create a lifestyle that is too costly to allow them to save. Here is the trick to this process: do what wealthy people do. Save first and spend the rest! See you on the golf course.

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Three T’s of Successful Retirement Planning

Making a major life decision is not to be approached in a haphazard manner. Many people underestimate the impact of retirement on their lives and have “buyer’s remorse” once the process is complete. How can you experience a more positive and proactive outcome to retiring? Simply follow the “3 T’s” outlined below and you will gain tremendous confidence and control over your new phase of life.

Establish a Team

The first “T” is to establish a team. Many aspects of life allow you only one opportunity to get things right and this is one of them. Financial, estate, cash flow and tax considerations must be addressed in the process of planning to retire. Often clients come to our office for a meeting about their retirement and certain elections chosen by the individual are irrevocable. Elections in the format in which you will receive your retirement benefits, Medicare and Social Security Benefits and other critical lifestyle choices may have lifelong ramifications. You should consider assembling a team consisting of, at a minimum, a CPA, a Certified Financial Planner™ practitioner, an estate planning attorney and your spouse or significant other. Why do you wish to include your spouse/significant other? Do you know how your relationship may be changed by each of you spending the majority of your day together? It is critical that you listen and coordinate your plans for retirement with your team.

Timing

The second “T” is timing. When is the best time to retire? How can you maximize retirement income by electing benefits offered by your employer, SSA Benefits and other support income during your retirement years? The key to properly timing your approach to launch into this next phase of life is to understand the qualitative issues and work to resolve them to your benefit with similar gusto as you do your quantitative needs. Emphasis is generally given the monetary issues of retirement only to realize your plan failed to consider the importance of emotional issues about the changing lifestyle you may find yourself. Work with your wealth advisor to determine if you have addressed all facets of retirement and the timing is in your best interest.

Transition

The third and final “T” is for transition. Successful individuals that transition smoothly to and enjoy retirement are those that understand their time is more valuable than their wealth. Purpose is required of each of us to live a fulfilling life. Why would you wish to devote most of your early life to work and career only to be miserable after your leave employment? That, to me, is not success. However, the person who understands that she has talents, time and treasure to devote to others may find a more rewarding experience in the retirement phase. Consider your plans to travel, join civic groups, devote your time to education in other fields of interest, etc. You must understand that with today’s medical advancements, you may spend as many years in retirement as you did in your career. With that in your mind, wouldn’t you feel more confident knowing that you addressed the Three T’s of Retirement Planning?

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Selling the Farm? Think About This Tax-Saving Election!

You worked your entire life and a significant amount of your family’s wealth is tied to the family farm. This scenario is experienced by many families in the U.S. How do you obtain your value from the land and pay the least amount of income tax? There is a way.

The income tax laws, referred to as the Internal Revenue Code in the United States, provides for families to retire from the farm without paying current income taxes on the transaction. As you can imagine, there are a few caveats and requirements to performing such a transaction. This type of land transfer is known as a “like-kind exchange”. In recent years the regulations governing this type of transaction have been refined to allow property held for productive use or investment (i.e., the farmland) to be exchanged with other investment property to defer the tax on the potential gain in the land.

Think about this approach. Mr. Jones has a farm which consists of 640 acres of pastureland. He purchased the land 40 years ago. His basis in the land is $100 per acre or $64,000 for the total parcel. However, Mr. Jones is ready to retire and decides he wants to sell the property. Today, the land is worth $1,000 per acre or $640,000 for the total parcel. Mr. Jones visits his CPA to discuss his decision to retire and sell his land. The good news is that Mr. Jones is retiring. The bad news is that his federal tax bill on the sale of the could be as much $128,000! 

To defer the tax bill to its latest due date, Mr. Jones’ CPA informs him of a structure that allows Mr. Jones to exchange his farm land for other land that is held for investment. Perhaps Mr. Jones would desire to own rental properties that would generate cash flow to supplement his retirement?

This area of law is very specific but can provide significant benefit to taxpayers. Two important timelines are required to be met to treat the property received in the exchange as “like-kind” property: 1) The property to be received must be identified within 45 days after the taxpayer’s property is relinquished in the exchange; 2) The property transaction shall be closed within 180 days after the relinquished property is transferred to the other party.

Additional parties are involved in this type of transaction. A qualified intermediary is utilized to transfer the deeds, hold the deposits and to execute the transaction on behalf of the two exchange parties.

Before you simply decide to sell your farm, think about other opportunities to mitigate the tax bill. You will be glad you did. 

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Tax Law Changes Due to COVID-19

Many U.S. citizens have been subjected to financial and other difficulties due to the pandemic. In March, 2020, the U.S. Treasury Department issued an extension of time for filing, and paying, income taxes for individuals. The good news is that you have until July 15, 2020, to file your 2019 individual income tax returns and pay your taxes. Even better news is that you will not be penalized for filing the returns and paying your taxes after April 15, 2020, which is the original legal due date. This exception for the filing date is only applicable to this year due to the disruption in the economy and the “safer at home” implementation protocol for reducing the spread of COVID-19.

Confusion arises when you are one of the taxpayers required to make estimated tax payments to resolve your tax liability. For example, the typical estimated tax payment schedule would be April 15, 2020, June 15, 2020, September 15, 2020 and January 15, 2021. The confusion arises when the original due date for your 2019 return has been extended beyond the payment date for your second quarterly estimated tax payment. To reconcile this quandary, the IRS changed the order of the required estimated tax payments to be as follows: 1st quarter – July 15, 2020; 2nd quarter – July 15, 2020; 3rd quarter – September 15, 2020; and 4th quarter – January 15, 2021. 

Additional time to file returns and pay taxes is an anomaly for U.S. tax filers. Typically, an extension of time would be requested by filing a Form 4868 with the IRS on or before April 15. Consequently, if additional time is needed to complete and file your 2019 returns beyond the extended due date of July 15, you must file a Form 4868 to request additional time to file until October 15, 2020. Remember, the tax you owe for 2019 must be paid by July 15, 2020, or additional penalties and interest may be incurred. To alleviate these onerous penalties and interest, remit your estimated amount owed with your filing of Form 4868.

For those of us that are charitably minded but lack the required level of expenses that qualify for itemizing deductions on our individual return, the IRS is allowing an “above-the-line” deduction of $300 for qualified charitable contributions. My philosophy is to support my favorite qualified exempt organizations despite the ability to deduct the contribution. The pandemic has dealt a cruel blow to the finances of many exempt organizations during a time the need is much greater than anticipated. Take advantage of this opportunity to provide support for our citizens in need of these services and deduct up to $300 without itemizing your deductions for your 2020 income tax returns.

Individuals who wish to be generous in their contributions to exempt organizations can donate even more than the previously law allowed in 2020. Under prior law, the limit for cash donations was increased from 50% to 60% of the taxpayer’s adjusted gross income. The CARES Act suspends the limit of 60% and allows you to contribute 100% of your adjusted gross income to qualified exempt organizations. This provision of law was intended to help the funding shortfalls of the exempt organizations during the pandemic. The suspension applies to cash contributions only (of course, a check or other forms of cash will suffice) and not to contributions of property. Let’s support these organizations that provide a substantial service to our communities!

Lastly, join me in taking the necessary actions to eliminate or thwart the spread of the virus. Each of us has a responsibility in our community to do our part. Adhere to the three “W’s”: Wear a mask, Wait for six feet in distance between you and others in small gatherings to avoid close contact and Wash your hands. All people, including our friends in other countries, should care for one another and work together to rid our world of this deadly virus.

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Financial Literacy: The Key to Successful Kids

One of the wisest statements made about planning for the future can be found in an ancient Chinese proverb: “The best time to plant a tree is 20 years ago. The second-best time is now.” This is a philosophy that is applicable to your finances. 

Our schools are bombarded with challenges in teaching students the important lessons to equip them for life – algebra, science, English, literature, etc. I firmly believe this list of important lesson should include financial literacy. Starting to understand and apply financial concepts at an early age will empower the children to initiate better habits that will ultimately give our communities and country a better financial future.

Financial literacy is a term we use for the subject of financial planning concepts and the act of securing one’s future in a comfortable and confident manner. By initiating such subjects as savings, investing, budgeting, taxes, credit, and other vital areas of life at ages as early as 10, you are setting your child up for success in their future. Too often children are in college or after before they realize what they don’t know. This is on us! As parents, not only should we be responsible for the physical, cognitive and emotional well being of our children but we should include their financial understanding as well. 

An area to start a child’s understanding of financial matters is teaching them the value of planning for tomorrow. If a child desires a certain toy or game, ask them how they would pay for the game. Does your child have responsibilities around the house that teaches them that all family members must share in the household duties? If so, perhaps you could negotiate an allowance or “hourly rate” for completing their chores. However, to continue the lesson of financial responsibility, you will save one-half or more of their earnings each week in a savings account. I have often learned with my own children that items purchased with their earnings are cared for much better than those items given them.

Teaching children about the use of banks and proper credit are good starting positions for them understanding these institutions. When I was a very young boy, my parents took me to meet their banker. I was in awe at the marble floors, high ceilings and when he showed me the vault – WOW! I knew at that moment that I wanted to be involved in the finance in some form. But the words of John Gillson, my parent’s banker, still ring clearly in my mind to this day – “Take care of your credit and it will take care of you.” What Mr. Gillson actually meant was that one should only use credit when absolutely necessary and, in the manner, needed to bridge the short-term cash flow needs of the person.

It is critical that our children understand the importance of finance in their lives. The best future you could help them achieve begins with a basic understanding of the impact finance has on their lives and how to appropriately utilize financial concepts to help them live life to its fullest. For additional resources about teaching children about financial concepts, view our Compass Capital Management Videos. Until next time, I’ll see you on the golf course!

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