What happens in cases of conduct that fall under “presumptive bar” (GP2)
They are reviewed by DEC before any final decision is made to deny or revoke the CFP marks. Disbarment is not automatic.
Independent rule of thumb for PITI: 28% of net income or gross income?
I did not read the answers carefully enough here and simply jumped to 28%. Always have to distinguish carefully between GROSS income and NET income. PITI and Total Debt are calculated off of GROSS income, while Consumer Debt is calculated off of NET.
Insured investments
Annuities and other investments are not in and of themselves insured. They must be held in a SIPC insured brokerage account to be so.
The Investment Company Act of 1940 vs The Advisors Act of 1940 (GP 5-1)
Do not conflate these two.
QTPs differ from UTMA accounts in all ways EXCEPT which of the following? (GP 6-2)
Didn’t read the question carefully here and overlooked “except”.
Mistakenly choosing the Lifetime Learning Credit over the AOC. (GP 6-2)
The Lifetime Learning Credit maxes out at $2,000 (20% of first $10k), whereas the AOC maxes out at $2500 (100% of first $2k, 25% of next $2k). In the majority of cases, AOC will provide more tax credit than LLC.
Which of the following qualifies for compensatory damages?
A. Auto Accident
B. Headaches
C. Age Discrimination
D. Stomach Disorders
(GP 7-1)
I put auto accident here, but that doesn’t in and of itself qualify (the person may be at fault). The event must qualify without presuming any other circumstances.
Taxability of punitive damages (GP 7-1)
Punitive damages are taxable EXCEPT in the case of a wrongful death.
Taxability of compensatory damages (GP 7-1)
Compensatory damages are generally tax free. However, interest received from a tax free damage award is taxable (if the money received is invested). BUT if the award is used to purchase an annuity and the annuitant has no constructive receipt of the lump sum, THEN any interest gained on the annuity is tax free.
If you are not able to obtain sufficient quantitative information from a client, you shall restrict the scope of the engagement or terminate the engagement, or both? (GP-16)
I answered restrict the scope of the engagement, but the correct answer is both. My reasoning was that one shouldn’t terminate the engagement unless the client is rude or unlawful. However, it does make sense that the board always gives you the right terminate the engagement if the client is uncooperative.
What to do with a client that is emotionally upset… (GP-17)
I thought maybe referring the client to a professional would be helpful here, but it is true that this is beyond the scope. Whenever something is amiss with the client, the CFP practitioner should decline them.
After one year, can Sid appeal his CFP suspension? (GP-17)
I answered that he has 30 days to file an appeal, but this in fact DOES NOT ANSWER THE QUESTION. The answer is simply, no, he cannot.
The CFP board has revoked Sid’s marks, can he appeal? (GP-17)
I answered that he could after a period of 5 years, but revocations are permanent and cannot be appealed.
The case of the doctor who won’t pay for an estate planning attorney. (GP-17)
I answered that you should disclose that you are not a licensed attorney and volunteer to help find the necessary documents. This is a violation of the duty of competence. I didn’t answer “Refer your best friend, who is an attorney, and two other attorneys” because I thought that the answer already ruled out that the client would pay for an attorney. However, this answer turns out to be the least bad answer.
How much of a HELOC can be taken against a home… (GP-18)
I answered incorrectly because I based my calculation on the difference between The current principle of the loan and the original principle. BUT, a HELOC can be taken up to the difference between the current FMV and the current indebtedness. (also remember for questions like these that the HELOC has to be used for the improvement of the home itself).
Education need analysis… (GP-18)
I got this question wrong because I forgot which variables to solve for in the 2nd and 3rd step. In the 2nd step, solve for PV (and enter PMT as negative). In the 3rd step, enter the step 2 PV as FV and solve for PMT.
step 1: solve for FV
step 2: solve for PV
step 3: solve for PMT (or PV if asking for a lump sum)
Tommy Tucker does a shit-ton of bad stuff. What duties has he violated? (GP-18)
I answered “none” of the ones listed, because they didn’t seem to be “Duties” that are explicitly listed in the handbook, but this is wrong. Use your common sense on a question like this. If it’s bad, just say that he broke all the rules.
IRR question… (GP-19)
ALWAYS enter the initial investment as NEGATIVE, and the subsequent withdrawals as positive. ADD the capital withdrawal to the portfolio value in the last year (if they happen in the same year). These are two things I did not do.
I assumed that the NPV question was using the same figures from the previous question, but it was asking a different question. (GP-20)
ALWAYS READ THE WHOLE FUCKING QUESTION.
For age 65, with an annuity, wanting a death benefit.
I answered that they should exchange the fixed annuity for a variable annuity, because I ASSUMED that there would be some sort of death benefit attached to it, but that is incorrect. I also assumed that at 65, life insurance would be too expensive, but this is also incorrect. They should use the annuity to pay life insurance premiums.
Besides LTC insurance, what else can provide over 100 days of nursing home care coverage.
I answered “Medigap”, because I assumed that there was some Medigap policy out there somewhere that would do this, but neither Medicare nor Medigap do this. Medicaid is the option to select here.
May a business deduct interest from a loan against life insurance contracts of key persons.
This is a fact I didn’t know, but the answer is “yes” up to a $50,000 loan against each contract.
Consumer debt percentage
less than or equal to 20% of NET income. While PITI and total monthly debt are calculated on GROSS income, consumer debt is calculated on NET income.
Responses to difficult clients (IV-50)
It’s best to educate difficult clients rather than decline them, unless they ask you to do something illegal.