Archive for the ‘Debt Handling’ category

New Credit Card Rules



January 22nd, 2010

The new credit card rules that affect your money management planning are supposed to protect you. But do they?

No doubt, the days of easy credit are long gone, along with very low introductory rates for extended periods, no annual fees, and high credit limits for just about anyone who wanted a credit card.

Let’s look at what is coming with the new credit card rules

Effective February 22, 2010 the Credit Card Act of 2009 (Credit Card Accountability Responsibility and Disclosure Act of 2009) goes into effect. Quite a few of the changes protect the consumer, for example:

1 – Your card company has to notify you at least 45 days in advance of any modification they intend to make in your account, like raising the interest rate you pay, changing certain fees like late fees or annual fees. However, there are situation where they do NOT have to notify you in advance.

2 – They can only increase the interest rates on new charges, while the existing charges have to remain at the old interest rate.

3 – They have to get you your credit card bill a minimum of 21 days before the payment is due so you have time to make the payment without being late and getting dinged for a late fee or triggering other unpleasant events.

4 – The card company can only charge interest charges on balances in the current billing cycle; no more double-cycle billing.

5 - Protect consumers who are under the age of 21 by making them show that they are able to make payments, or require that they have a co-signer, in order to open a credit card account.

The New Laws Will Also Hurt Consumers …

While, the new legislation prohibits a variety of credit card billing practices, the banking industry stands to lose as much as $50 billion in lost revenue as a result of the new restrictions.

There is little doubt that they will take action to make up for these losses. In fact, the issuers of credit cards are taking action now to implement changes before the new law goes into effect that will cost the consumer more. They are:

Don't be surprised when your card company raises your interest rate and lowers your credit limit.

Don’t be surprised when your card company raises your interest rate and lowers your credit limit.

1 - Raising annual interest rates on current balances,

2 - Lowering credit card limits,

3 - Changing from fixed interest rates to variable rates,

4 - Stopping the low promotional rates campaigns, and

5 – Starting to punish consumers who don’t get their statement on-line by charging a fee for mailing you a paper statement.

There is a lot more information you can learn from this website Federal Reserve’s consumer information site that explains the new credit card rules in-depth.

Have your credit card companies made any of these changes on your cards? Leave a comment…

You can apply for income tax relief for up to $2 million (or $1 million if married and filing separately) in debt that is cancelled, or forgiven, by your mortgage lender on your primary residence. The law has been extended through 2012 under the Emergency Economic Stabilization Act. Tax Relief

If you have lost your home through foreclosure or have restructured your mortgage loan, you may qualify for this tax relief under the extended tax law called the Mortgage Forgiveness Debt Relief Act of 2007. The claim can be made by using IRS Form 982.

There are two qualifying factors that must be met on the mortgage debt exclusion: 1) it must be your primary home, and 2) the debt must have been used to buy, build, or make substantial improvements to the residence to which the mortgage applies. Certain business or farm property may also qualify for tax-free treatment, so check with your accountant or tax attorney in this situation.

When a lender forgives debt, it is typically a taxable event. You would receive a 1099-C (Cancellation of Debt) and the income would be claimed on Line 21 on your personal 1040 income tax Form. (IRS Publication 525)

While mortgages for second homes and rental properties do not qualify for the exclusion, some or all of this debt might qualify for other exclusions if you are insolvent at the time the debt was settled.

Canceled credit debt does not have to be included in income if it was a gift, or if the individual is insolvent, or in a bankruptcy case. The exclusion for insolvency is particularly important in this case, because it will likely apply to borrowers with home equity loans or mortgages on second homes and rental properties, and will be helpful in this situation. This is an important point for borrowers whose property has dropped in value below what is owed on the mortgage.

According to the IRS, “A debtor is insolvent when, and to the extent, the debtor’s liabilities exceed the FMV (fair market value) of the assets. Determine the debtor’s liabilities and the FMV (fair market value) of the assets immediately before the cancellation of the debtor’s debt to determine whether or not the debtor is insolvent and the amount by which the debtor is insolvent.”  (IRS Publication 908)

The value of all of your assets and all of the liabilities you owe have to be calculated to figure out if you are insolvent, and by what amount, so as always, check with your professional accountant to see how you can best take advantage of these tax relief measures for exclusions of cancelled or settled credit  and mortgage debts.

REMINDER:

Corporate tax returns are due March 15th and extension deadline filing is September 15th

Personal tax returns are due April 15th and extension deadline filing is October 15th

Many taxpayers who owe taxes believe tax extensions protect them, but they are only partially right. Do you know the rules and deadlines for filing corporate and personal tax extensions? For companies it is March 15 and for personal tax returns it is April 15.

Here’s the ugly truth about tax extensions, but first if you need to file one, do it before midnight on the deadline by using Form 7004 for a company that you can get here: http://www.irs.gov/pub/irs-pdf/f7004.pdf or Form 4868 for personal extensions that you can get here: http://www.irs.gov/pub/irs-pdf/f4868.pdf

Penalty for not filing tax returns on time

The IRS is much worse than any credit card company, charging a 5% PER MONTH penalty up to 25% of what you owe for late filing that compounds DAILY. That’s a whopping 60% per year, even if you did file an extension!

Interest charges for late filing of tax returns

As of midnight on tax deadline day, the interest on any taxes you owe, but do not pay, with your return accrues at the rate of 3% PER MONTH up to 25% of what you owe for late filing that compounds DAILY. That’s a whopping 36% per year!

The total? A unbearable 8% per month (96% per year) compounding daily. Another “Pay For Life” program.

If you can’t pay what you owe, ask for a payment plan by filing Form 9465 Installment Agreement Request that you can get here: http://www.irs.gov/pub/irs-pdf/f9465.pdf

Note: the caution on the form that states: Do not file this form if you are currently making payments on an installment agreement or can pay your balance due in full within 120 days. Instead, call 1-800-829-1040. And yes, unfortunately, interest and penalties continue until it is paid in full.

The remedy is paying quarterly estimated tax payments if you owe taxes each year. At least what you pay in these payments cannot accrue penalties and interest.

The best money management remedy would be to join the grass roots movement to get Congress to get the FairTax Act passed. To find out more about what you can do to get involved and make that happen, visit www.fairtax.org today.

If you are in debt, claim your free copy of the Debt Reduction Solutions Guide here: http://www.thedebtreductionsolution.com/

If you have anything to say about taxes, leave a comment.

Sandra Simmons, President of Money Management Solutions (www.moneymgmtsolutions.com) specializes in helping business owners and individuals manage their money and do tax planning to achieve their financial goals.

Small businesses that have money management and debt problems are anxiously waiting for the new credit card rules to go into effect in July 2010. But the majority of business owners need immediate debt relief. While the new rules will help, for some it will be too little, too late.

The main problem with using credit to finance your business is that it is a big risk. That risk, of course, is you are promising your future production to pay back that financial obligation in full and in a timely manner. There is really nothing wrong with using credit as long as there is virtually no risk involved in paying the money back. There is a lot wrong with being over your head in debt and being handcuffed to the credit cards. This is risky in the extreme, because with just one or two bad months, the house built on using credit lines can fall very quickly.

I am glad to see the new credit rules passed. What I am not happy about, however, is the length of time until credit issuers must comply. The current credit system has driven some individuals and businesses into bankruptcy and the rest of the nation to the very edge of financial disaster. The credit rules could have been mandated to be effective in 2 or 3 months rather than 18 months and it would help the economy now when it desperately needs it.

Living in a condition based on credit and debt is very, very risky. Done on a national scale, and helped along by exorbitant interest rates, over-limit fees, late charges, and a 22-day billing cycle, the nation’s consumers are $850 plus billion in credit debt and it is evident they are sinking fast. The new rules are a long overdue step in the right direction.

What are some of these new rules that everyone is talking about? Simply stated, the new rules prohibit:

- Placing unfair time constraints on payments. A payment could not be deemed late unless the borrower is given a reasonable period of time to pay. This would eliminate many of those exorbitant “late payment fees.”

- Placing too-high fees for exceeding the credit limit solely because of a hold placed on the account.

- Unfairly computing balances in a computing tactic known as double-cycle billing. This two-cycle method enables billing offices to charge interest on balances that were part of the previous month’s balance, even if the balance was paid in full.

- Unfairly adding security deposits and fees for issuing credit or making it available.

- Making deceptive offers of credit.

Two excellent provisions of the new rules are: 1) that customers will be given 45 days of notice before any changes are made to the terms of any account, including jacking their rate for missing a payment or paying a bill late, and 2) banks must apply payments (beyond the minimum) either to the balance with the highest rate or proportionally across all balances. The second one eliminates beyond the minimum payments to be applied to only to the lowest (or 0%) interest rate principals first.

When someone balance transfers to a zero interest rate card and then uses the card for purchases, the purchases are typically billed at a very high interest rate. What consumers fail to realize is that the bank will apply payments only to the zero interest balance while the higher rate purchase racks up interest charges until the entire zero balance principal is paid off. That sabotages the whole debt reduction strategy of the zero balance transfer.

While the Associated Press is calling the new rules the most sweeping clamp-down on the credit card industry in decades, I’m wondering why the clamp-down on the abuse took so long to be addressed, and why the banks are being given 18 months before the new laws go into effect. With modern technology we can move and make changes almost at the speed of light, so 18 months is like moving at the speed of a glacier.

As I have been doing for the past decade, I still advise business owners and consumers to use the 5 old-school money management tips on reducing debt that they can employ right now to start digging themselves out of debt and get their own personal economics healthy.

Money Management Strategy #1 – Stop Using Credit

The place to start is by locking away the credit cards and figuring out how to cut expenses back to function within your income. Unsurprisingly, this first step can take quite a bit of discipline. Paying operating expenses with credit cards can easily become a habit, and as a result, can rapidly build up debt for the small business.

Figure out ways to increase your income and instead use only cash. This is the single most effective action you can take to begin the process of debt reduction.

Money Management Strategy #2 – Never Spend More Money Than Your Company Makes

Paying for items with credit because you don’t have the cash is the recipe for economic slavery. Using credit in that manner commits your business’ future income to pay the credit company.

Business owners must get creative and find ways to increase the company’s income, and then use it to pay both current expenses and to pay off past credit debt. Additionally, a business owner must take a ruthless look at what expenses are absolutely necessary. Business expenditures should be expected to bring in more money, business, and income. If they don’t do this—don’t directly lead to the creation of more income in some way—then determine if the company can do without certain items in the short term.

Money Management Strategy #3 – Always Pay More Than the Minimum Payment

Set a goal to pay at least 3 to 5 times the minimum required payment on each credit card and line of credit. Paying the minimum amount due on credit payments is a financial trap that keeps you perpetually in debt.

An effective way to reduce the debt is to take 10% to 15% every week off the top of the company’s income and use it to pay down the debt. Don’t wait until the statement says the payment is due. Pay some on-line every week as soon as you earmark it for paying the debt. The added bonus is that you stop the daily interest compounding on the payment amount you made. That alone can save you thousands in interest over the long haul.

Money Management Strategy #4 – Never Spend Over Your Limit or Pay Late

Use old fashioned money management discipline and never sabotage your debt reduction program by getting hit with $25 to $39 over-the-limit or late fees. Banks, credit card companies, and other financial institutions make millions through financial penalties for being late or going over your credit limit. Worst of all, the money paid in penalties creates more debt.

Money Management Strategy #5 – Find Ways to Cut Expenses

While a fundamental requirement of any debt reduction program is more cash as fast as possible to pay the debt off, there is one important area that should not be considered an unnecessary expense. That area is marketing and promotion. Correct money management includes the continuous promotion of your company’s products and services. Marketing and advertising are areas you don’t want to stop spending on. Marketing is going to make you money and is a correct financial investment when properly done.

There is an old advertising saying that still holds true today: “When the economy is good you need to promote, and when the economy is bad you need to promote MORE!”

Whether an economy is in an economic depression, a recession, or is thriving, the above money management principals still apply. Money management for small business takes financial planning and discipline. Reducing debt is just one step in an overall program to ensure that a business will survive and make the maximum amount of money for the business owner. There are other steps in a successful money management program that can be taken to achieve your financial goals, and this will be addressed in future articles. For now, reduce that debt and improve the financial health of your own economy.

For more information about steps you can take to reduce your debt, sign up to receive the FREE Debt Reduction Solutions Guide. If you need further help with a debt management program, send an email to Sandra Simmons, President of Money Management Solutions, Inc. at info@MoneyMgmtSolutions.com  or call (727)448-1011

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