Exemptions

I received an interesting question about whether Florida Statute 222.25(3) exempts all income tax refunds.

What Is an ITF Bank Account? An ITF bank account is an account at a financial institution that is held by one person in trust for someone else. A properly designed Florida ITF account or gift-giving plan can help minimize estate and income taxes, and it can also remove property…

Wages paid to the head of household are exempt from creditors, and the wages remain exempt for six month when deposited in a bank account. Many potential debtors set up separate bank accounts which they title as a “wage account” in which they deposit their wages and salary and no…

One of my clients last week reminded me of an infrequently mentioned financial asset protection tool: the “hurricane account.” Hurricane accounts were established to encourage people to save money to cover uninsured losses from Florida hurricanes.

Two people asked me similar questions today about “wage accounts.” The first question was whether you have to have a separate account titled “wage account” to have your salary or commissions protected after they are deposited in a bank account.

The proceeds from an annuity are exempt from creditors under the Florida statutes. The statute protects from legal process the annuity interest of the beneficiary of the annuity. In almost all cases, the same individual purchases and owns the annuity and makes himself the annuity’s primary beneficiary. The statute protects…

Florida’s most important statutory exemptions, such as salary for head of household, annuities, and retirement funds, have been in place for a long time. From time to time the legislature adds additional, relatively small, categories of protected assets. A recent addition to Florida’s list of assets protected from creditors are…

I received an email question concerning protection of IRAs from judgments. The questioner asked whether Florida law protected an IRA owned by a Florida resident that was administered in a financial account opened and maintained by the office of a financial institution located in a state other than Florida

My health insurance agent, Mark Boxman, suggested changing medical insurance from a traditional PPO plan to a high deductible plan funded though a Health Savings Account. Naturally, one of my first inquiries was to see if the Health Savings Account is an exempt asset under Florida statutes.

Florida Statute 222.14 protects annuities owned by Florida residents from creditor claims and judgments. Some people have asked whether variable annuities are included under the same statutory protection.