All posts by Financial Independence Hub

Mutual Fund Deferred Sales Charges designed to hide bad news

By Michael J. Wiener

Special to the Financial Independence Hub

Mutual fund investors caught by deferred sales charges (DSCs) understand their downside.  They’d like to sell their funds but face penalties as high as 7% if they sell.
DSCs are set to be banned across Canada (but only restricted in Ontario) in mid-2022.  Until then, mutual fund salespeople masquerading as financial advisors can still sell funds with DSCs to unsuspecting investors.
[Editor’s Note: last week, Ontario announced it would be joining the other provinces in banning DSC as of mid-2022.]

Before DSCs existed, it was common for advisors who sold mutual funds to get a “front-end load,” which is a fancy term for giving some of an investor’s money to the advisor or the advisor’s employer.  So, an investor might invest $50,000 with an advisor, but the first account statement might show only $47,500.  The missing $2500 was a 5% front-end load offered as an incentive to the advisor to hunt for mutual fund buyers.

Not surprisingly, investors didn’t like to see a big chunk of their savings disappear like this.  Mutual funds had a problem.  They needed to give commissions to advisors so they would sell mutual funds, but investors didn’t like to see some of their money disappear.  The solution to this dilemma came in two steps.

Raising Annual Fees

Mutual funds charge annual fees to investors called the Management Expense Ratio (MER).  MERs are expressed as a percentage of invested assets, and while they seem small, they build up to intolerable levels over decades.  Many mutual fund investors don’t know about MERs and don’t notice their corrosive effects.

One way to cover the cost of advisor commissions is to simply raise a fund’s MER.  This works well when investors stay for the long term.  When investors stay longer than 5 years, a one percentage point  increase in the MER covers a 5% up-front advisor commission.

But what happens when an investor sells out of the fund after less than 5 years?  In this case, the mutual fund can’t recover the advisor commission.  Even, worse, advisors would have an incentive to move investor money frequently from fund to fund to collect more commissions, and investors wouldn’t mind because it wouldn’t cost them anything.

Deferred Sales Charges (DSCs)

Someone had the bright idea to charge investors penalties when they leave a fund too soon.  Today, it’s common for DSC funds to charge investors as much as a 7% penalty for withdrawing their money in the first year.  This penalty typically declines each year until it’s gone after investor money has been in a fund for 7 years. Continue Reading…

CRA can now compel Oral Interviews

By Anna Malazhavaya

Special to the Financial Independence Hub

I  never met anyone who said they enjoyed being interviewed by an auditor with the Canada Revenue Agency. For sure, CRA audits can be stressful and disruptive to a business, but this is the price we pay to maintain the integrity of our tax system. The CRA’s audit powers are already quite broad and now they are about to expand even further. Anyone who must file a tax return in Canada (and, therefore, can be audited) should pay attention.

The 2021 Federal Budget announced on April 19th includes a proposal that gives CRA officials a new power to compel oral interviews of “persons.” This means you, me, your employee, your neighbour and virtually anyone else who may have information relevant to determining and enforcing someone’s Canadian tax liability.

The current rules

How are the proposals different from the existing rules? The CRA already wielded the power to examine taxpayers’ documents or property that may be relevant to determine one’s tax obligations. As the CRA examines the documents or property, they have the power to ask questions about the documents or property. However, there is no general power for the CRA to compel oral interviews. In practice, this meant CRA auditors still used oral interviews when conducting selected types of audits, but it didn’t happen often.

In fact, a good portion of CRA audits were handled without much face-to-face interaction at all between auditors and taxpayers and/or their employees. Taxpayers’ authorized representatives, which means accountants and tax lawyers, handled most of the audit “heavy lifting” on behalf of their clients: they attended on-site meetings, had phone calls, answered questions, and provided documents. Taxpayers generally had the opportunity to answer the auditor’s questions in writing. This means that people had time to review their records, consult with their representatives, and keep a record of their specific answers. This trend of written audit questionnaires has become more pronounced during the COVID-19 pandemic as the CRA auditors tried to minimize in-person contact with taxpayers for safety reasons.

What prompted the Federal Budget change?

The most likely cause of the proposed change is a two-year-old Federal Court of Appeal decision in MNR v. Cameco Corporation (2019 FCA 67). On its website Cameco calls itself “one of the largest global providers of the fuel needed to energize a clean-air world.” That fuel is uranium. Based in Saskatoon, Saskatchewan, Cameco has offices in Canada, the United States, Switzerland, Kazakhstan, and Australia.

As part of the audit of Cameco, the CRA asked upwards of 25 employees of Cameco (including those of foreign subsidiaries) to attend oral interviews.

Notably, that was the CRA’s second time requesting to interview Cameco’s employees. The first came as part of another, earlier audit and Cameco complied with the earlier request. Later, it found that the auditor’s notes of the interview differed from the recollections of Cameco employees. The dispute over results of that earlier audit was about to reach the Tax Court of Canada.

So, when the CRA asked for oral interviews again during a subsequent audit, Cameco refused, offering to provide only written answers. Cameco argued that the CRA has no general power to compel oral interviews. Cameco was concerned that the oral interviews can prejudice the upcoming Tax Court litigation relating to the previous audit.

The CRA brought an application seeking a compliance order first to the Federal Court, and then to the Federal Court of Appeal. Both those courts sided with Cameco, stating that the CRA had no general power to compel oral answers to its questions. Fast forward to 2021, and the Federal Budget proposes to override the Cameco decision.

What’s next?

 If the proposal is adopted, we will see more oral interviews with CRA auditors and the scope of interviews will be much broader. Of course, it’s too early to tell exactly how the CRA plans to use its newfound powers, but the following concerns are already obvious:

First, taxpayers’ answers during oral interviews can expose them to penalties or criminal prosecution. There are several tax rules where the taxpayer’s experience, knowledge of certain information, or taxpayer’s intentions are important. Some questions may trick you into admitting something that it is not entirely true, but your answer can later be used to impose penalties or even initiate criminal proceedings. Continue Reading…

Who speaks for the Self-Directed investor?

By Ian Duncan MacDonald

Special to the Financial Independence Hub

Recently I read an article by a financial advisor with “25 years of experience in dealing with individual investors.”

He sees his role as a coach helping” investors ignore Wall and Bay Street hype and hysteria ….” As he sees it, only investment advisors can protect investors from themselves.  He sees these ignorant self-directed investors as, “piling into the market after superior stock returns and before inferior returns,” “ignoring tax ramifications” and foolishly “investing for entertainment.”

When you give access to your money to an advisor you are immediately creating the potential for that advisor to use your money in their self-interest: not yours.   While this advisor does address investment advisor fees, “The financial regulators require us to disclose them.” He does not touch upon the seemingly daily reporting of investment advisor thefts of client money nor all the “legal” but murky ways that investment advisors can siphon of your money.

(The “full-service fee schedule” account you signed probably allows all the following fees to be charged against your investment account: operating fees such as custody fees, interest charges on debit balances, fees for manages and fee-based programs, transaction fees, foreign transaction tax, issuer commissions, service fees, fee for managing funds, deferred sales charge, referral fee, etc). Self-directed investors are shielded from almost all of these fees.

On rare occasions investment advisors get charged with theft:

“Posted On Wednesday March 24, 2021

The Halton Regional Police Service – Fraud Unit has arrested a Burlington man in relation to a fraud investigation.

The accused was an investment industry professional who worked for a financial company that was registered with the Investment Industry Regulatory Organization of Canada (IIROC).  Between 2011 and 2016, two victims invested a total of approximately $1.6 million with the accused to purchase insurance and other investments. The accused diverted the funds he received from the victims to his own bank accounts.”

The following is just the last month’s reporting of investment advisor IIROC disciplinary hearings plus their last statistical complaints report:

Release Date Title
5/4/2021 In the Matter of Edward Ho Rha – Adjournment Related Documents
4/30/2021 In the Matter of Joan McCarthy – Set Date Appearance Related Documents
4/30/2021 In the Matter of James Robert Harris– Settlement Hearing Related Documents
4/21/2021 In the Matter of Neil DiCostanzo – Adjournment Related Documents
4/20/2021 In the Matter of Bonnie Wyatt – Settlement Accepted Related Documents
4/16/2021 In the Matter of Alberto Storelli – Discipline Hearing Related Documents
4/13/2021 In the Matter of Joseph Anthony Thomson and Douglas Gerald McRae – Discipline Hearing Related Documents
4/8/2021 Staff Policy Statement – Early Resolution Offers
4/7/2021 In the Matter of Dean Martin Jenkins – Penalty Decision Related Documents
4/1/2021 In the Matter of Thomas Stock – Appearance to set a hearing date Related

Statistics Filed by Dealer Firms (COMSET)

“IIROC rules require Dealer Members to inform IIROC, using IIROC’s Complaints and Settlement Reporting System (ComSet), when certain events occur, including when a Dealer Member receives a written client complaint, when criminal charges are laid against a Dealer Member or any of its individual registrants, or when a securities-related civil claim is brought by a client.” Continue Reading…

Beware Experts bearing Forecasts

By Noah Solomon

Special to the Financial Independence Hub

In 1985, Philip Tetlock, a Professor at the Wharton School of Business, set out to ascertain how accurate expert forecasters are in their predictions of future events.

Tetlock’s study covered many areas, including economics, politics, financial markets, climate, military strategy, etc. His analysis spanned nearly 20 years, during which he interviewed 284 experts and obtained roughly 82,000 forecasts.

Tetlock’s expansive research led him to conclude that:

  1. Expert forecasts were less accurate than random guesses.
  2. Aggregate (average) forecasts were superior to individual forecasts but were still inferior to random guesses.
  3. Experts who made the most media appearances were the least accurate.

In short, you would have been better off throwing darts while blindfolded than following the advice of experts.

But Investment Professionals Are the Exception – NOT!

Successful wealth management is predicated on both security selection and asset allocation. In order to achieve long-term results that are better than those that could be obtained by flipping a coin, investors must be able to:

  1. Select outperforming stocks/sectors, and/or
  2. Identify outperforming asset classes (whether stocks will outperform bonds, which countries will outperform, etc.).

Unfortunately, there is ample evidence that demonstrates hese two skills are in extremely short supply, leaving most clients holding the proverbial bag of underperformance.

Stock Picking: A Zero-Sum Game

Nobel Prize winning economist Eugene Fama is widely heralded as “the father of modern finance.” According to Fama:

“Active management in aggregate is a zero-sum game. Good active managers can win only at the expense of bad active managers. Any time an active manager makes money by overweighting a stock, he wins because other active managers react by underweighting a stock. The two sides always net out – before the costs of active management. After costs, active management is a negative-sum game by the amount of costs borne by investors.

After costs, only the top 3% of managers produce a return that indicates they have sufficient skill to just cover their costs, which means that going forward, even the top performers are expected to be only as good as a low-cost passive index fund. The other 97% can be expected to do worse. It is a matter of arithmetic that investors who go with active management must on average lose by the amount of fees and expenses incurred.”

Time: Active Management’s Nemesis

Both Standard & Poors’ Index vs. Active (SPIVA) scorecards and Vanguard’s Case for Indexing reports have repeatedly demonstrated that while some managers do outperform, it typically is not by much and not for long. The following table strongly suggests that the longer a portfolio of actively managed funds is held, the greater chance it has of underperforming one comprised of index funds.

What about Risk?

A common defense offered by active managers is that their superior risk management/lower volatility more than makes up for their inability to outperform their benchmarks. However, as the table below shows, this claim is not supported by the evidence. In comparison with their index fund counterparts, actively managed portfolios have on average performed just as poorly on a risk-adjusted basis as they have on a raw return basis.

To be clear, we do not believe that active funds cannot beat their benchmarks because the evidence shows that some can. There have been and always will be those that can add value. However, even the most astute investors cannot predict which funds will outperform and over what period, making the exercise of predicting winning managers somewhat of a fool’s errand. In other words, it is possible to outperform by selecting winning managers, it’s just not probable.

What about all those Smart People? Benjamin Graham spawned a Tribe of Cannibals

Benjamin Graham is the architect of modern security analysis, which uses fundamental data (income statement and balance sheet items) to determine the fair value of stock prices. Graham’s approach was way ahead of its time and remained largely undiscovered for several decades. This enabled him to achieve an annualized return of roughly 20% from 1936 to 1956, as compared to 12.2% for the overall market. Warren Buffett describes Graham’s The Intelligent Investor (1949) as “the best book about investing ever written.”

Today, there is no shortage of adherents to Graham’s approach. The current active management universe is both inundated with and driven by Graham-style security analysis. Stocks are constantly and continuously scrutinized by armies of security analysts, armed with reams of widely available fundamental data.

It’s hard enough to outperform in an area heavily populated by “smart money.” It’s even harder to outperform when you are trying to make money the same way as all those smart people! Graham’s approach has become a victim of its own success, whereby its followers are literally eating each other’s lunch to the point where most of them fail to add value. All the smart people are doing the same smart things, which causes their results to look not so smart. In the end, Adam Smith hath vanquished Benjamin Graham!

No Reprieve from Asset Allocation

What about asset allocation? Maybe investment professionals who cannot select outperforming stocks can add value by identifying when stocks will out/underperform bonds, which countries/regions will outperform, etc. As is the case with stock-picking, investment professionals have struggled with asset allocation. Continue Reading…

The hidden costs of DIY Financial Planning: Bad Investments cost more than you think

Today’s Simple Investing Take-Away: Simple investing mistakes can result in bad investments that can derail your long-term financial goals and erode your emotional well-being. One of the biggest missteps, amplified by our behavioural tendencies, is to ignore the many hidden costs of DIY investing. Even if the price paid isn’t obvious, it still takes a toll on your results.

 

Lowrie Financial

 

By Steve Lowrie, CFA

Special to the Financial Independence Hub

Eager to embrace DIY investing? Or have you at least wondered whether you’ve got what it takes to succeed on your own?

I understand the appeal. When you engage a personal financial advisor, you’ll see their advisor fees, loud and clear. The financial regulators require us to disclose them. Plus, at least here at Lowrie Financial, we want you to see them. How else can you tell if you’re getting a fair shake?

But therein lies a dilemma. Thanks to behavioural finance, we know about a multitude of murky costs that can slip in when investors allow their rational resolve and simple investing strategies to be hijacked by their complex instincts and emotions. Some of these self-inflicted costs include:

  • The cost of chasing past returns by getting caught in a “fad” during up markets; or by panicking and selling out during scary times
  • The cost of ignoring tax ramifications of frequent trading in taxable accounts
  • The cost of investing as a form of entertainment, or experimenting with your financial future while learning the ropes

Once you factor in the bad investments and other prices paid by so many DIY investors, financial advisor fees start to seem well worth it. A reputable advisor should help you focus on your personal financial goals while avoiding these and other DIY investing pitfalls.

The cost of chasing Past Returns

Have you heard of “FOMO” or “Fear of Missing Out”? It’s that itchy feeling you get when you long to get in on a red-hot popularity contest, regardless of whether it fits into your financial plan.

Most recently, others seem to be making millions on all sorts of “silly season” exotica: from SPACs and Reddit-fueled stock runs, to cryptocurrency and NFTs. In real time, these may seem like simple investing decisions; jump on the bandwagon and make a ton of money, fast. Unfortunately, by the time you’re aware of a trend on a tear, you’ll be hard-pressed to buy in low enough, sell out high enough, and do both consistently enough to come out ahead in the long run. This means odds are heavily stacked against FOMO-driven investors who try to come out ahead (but usually fail) by chasing after winning streaks.

There are reams of academic inquiries pointing to the merits of more patient simple investing strategies for capturing expected long-term market growth. Recently, a University of British Columbia/Emory University study found (once again) that individual investors in Canada and around the globe tend to underperform the same stocks and markets in which they’re invested. Digging into why, the study’s co-authors found investors created extra self-inflicted investment volatility (nearly 50% higher) by piling into the market “after superior stock returns and before inferior returns.”

These findings only add to a volume of past studies into similar return-chasing adventures. By succumbing to FOMO investing and similar bad investment habits, DIY investors unnecessarily sacrifice available market returns.

The cost of ignoring Tax Ramifications

These days, many people are working from home, with more time to spend consuming financial media or social media forums. A simple look at these investing forums would lead you to believe that everyone from your co-worker, to your favorite sports hero, to popular financial gurus like Canada’s own Chamath Palihapitiya are supposedly seizing big profits and cutting losses in rapid-fire trades day after day. It seems so easy.

Again, if we look at the evidence, the after-cost, after-tax results usually fall short of a simple buy-and-hold approach. In a recent extreme example, a U.S. day-trader used $30,000 in cash, placing 10–50 trades daily, to come out $45,000 ahead in 2020. Not bad. Unfortunately, by failing to understand U.S. tax regulations, like the wash-sale rule, he also generated an $800,000 tax bill on the realized gains. Continue Reading…