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Rating agencies an afterthought in debt ceiling fight

Written By limadu on Senin, 30 September 2013 | 23.11

standard and poors

S&P upped its outlook on the U.S. credit rating in June to "stable," though the country didn't regain its AAA rating.

NEW YORK (CNNMoney)

Standard & Poor's made headlines and roiled world markets following the last debt ceiling crisis, in 2011, when it cut the United States' sterling AAA rating to AA+. The rating agency cited concerns about the nation's long-term debt and its dysfunctional policy making.

But two years later, that downgrade has had little lasting impact. As in 2011, the possibility of a debt ceiling breach remains a scary prospect, but investors say the ratings agencies are largely an afterthought in the current crisis.

"They're viewed as generally being late to the party, especially on U.S. government debt," said Craig Brothers, senior portfolio manager at Bel Air Investment Advisors. "I don't think [U.S. debt] would trade any differently as AA than as AAA."

The rating agencies took hits to their reputations following the financial crisis, having failed to flag signs of trouble in the housing market ahead of the crash. Five years later, the effects of these mistakes are still lingering.

"The rating agencies have lost a lot of credibility over the last several years," said Kim Rupert, a fixed income analyst at Action Economics. "They're still important, but the market doesn't put as much faith and credibility into them and they're not the overriding factor anymore."

The big three rating agencies -- S&P, Moody's and Fitch -- analyze risk and give debt a grade that reflects the borrower's ability to pay the underlying loans and serves as guidance for investors. The safest bets are labeled "AAA."

The U.S. remains rated AA+ by S&P, with its ratings outlook "stable," while Fitch has kept the country at AAA. That could change if the battle over the debt ceiling heats up.

"Failure to raise the federal debt ceiling in a timely manner (i.e. several days prior to when the Treasury will have exhausted extraordinary measures and cash reserves) will prompt a formal review of the U.S. sovereign ratings and likely lead to a downgrade," Fitch said in June. Fitch maintains a "negative" outlook on the United States' AAA rating, meaning it's at risk of a cut.

Related: Treasury Secretary says markets too calm about debt ceiling

Moody's has the U.S. rated AAA with an outlook of "stable." Steven Hess, Moody's lead analyst for the United States, said the agency believes that even in the event of a debt ceiling breach, the government will prioritize interest payments and cut spending elsewhere.

"It's very likely that the AAA would not be there any more if they missed an interest payment," Hess added.

No one can predict exactly what the consequences of a missed payment would be, but analysts agree it's a terrifying prospect. Another downgrade alone, however, is unlikely to make much difference.

"At the end of the day, even with a downgrade, the U.S. Treasury is still the safest game in town," said Michael Brown, an economist at Wells Fargo (WFC, Fortune 500). Rates are also being held lower by the Federal Reserve's bond-buying program, he added.

New downgrades could raise borrowing costs years down the line, but "in the immediate term, I don't think you'd see a massive movement of rates," Brown said.

Some investment firms operate under guidelines that prohibit them from holding securities that aren't rated AAA by one, two or all three of the major rating agencies. They could therefore be forced to sell them following a downgrade, creating upward pressure on yields.

But among buyers of Treasuries, these firms are "very, very small relative to those that don't have a ratings threshold," Brothers said.

"There are ramifications if U.S. Treasury debt isn't AAA, but I don't think that would create a cascade of selling," he said. To top of page

First Published: September 30, 2013: 3:53 AM ET


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European IPOs stage a comeback

chart european ipos

The European IPO market is recovering from 2012, but is not nearly as robust as it was before the eurozone crisis hit.

LONDON (CNNMoney)

According to data from Dealogic, new listings on European stock exchanges this year have raised $16.2 billion, nearly triple the amount raised in the same period last year.

The revival comes as concerns about the break-up of the eurozone have all but disappeared and equity markets have rallied.

U.S. investors are slowly rebuilding their exposure to Europe, after previously fleeing the region when the sovereign debt crisis was raging. And company profits are rising as Europe emerges from recession.

"There's a fundamental earnings recovery story in Europe that U.S. investors find quite compelling," said Gareth McCartney, a London-based managing director at UBS (UBS).

McCartney points out that the IPO market in the U.K. has been particularly strong, held up by issuers in the property and insurance markets.

Related: The American IPO market is on fire!

But it's not time to pop the champagne quite yet -- European IPO activity still hasn't hit the levels seen in 2010 and 2011 when over $30 billion was raised each year.

Looking ahead to the rest of the year and into 2014, the European IPO market is expected to maintain its upward momentum, even if the volumes from a couple of years ago remain out of reach.

"The pipeline of potential IPOs remains very healthy and continues to grow. We'll see a continued recovery of the European market into 2014," said McCartney.

Leon Saunders Calvert, head of banking and research at Thomson Reuters, said Europe is the only region expected to see an increase in offerings over the next few months as activity in U.S. and Asian markets slows.

"There will be continued slow growth in the European IPO market. But that growth comes off a ridiculously bare market in 2012," said Saunders Calvert.

Among the high profile listings expected for the rest of the year, Britain's Royal Mail is set to be privatized in a deal expected to value the company at roughly £3 billion ($5 billion).

Earlier this year, real estate firm LEG Immobilien raised roughly $1.6 billion when it listed in Frankfurt. This was one of the largest IPOs in the world this year.

Related: Alibaba drops plans for IPO in Hong Kong

There have been 578 IPOs around the world so far this year, raising nearly $100 billion, according to Dealogic.

The New York Stock Exchange has grabbed the biggest share, according to Thomson Reuters data. It played host to 69 IPOs, representing 27% of all cash raised. The tech-heavy Nasdaq came in second place, with the same number of listings but a smaller amount of money raised. To top of page

First Published: September 30, 2013: 5:28 AM ET


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Stocks weak as U.S. shutdown looms

sp 500 futures 730

Click on chart to track premarkets

NEW YORK (CNNMoney)

U.S. stock futures were all down by roughly 0.8% as investors lose faith in their political leaders and worry about the effect that a shutdown could have on the U.S. economy.

"If nothing is agreed by tonight, which seems likely, there will be an economic hit as some [government] employees are put on unpaid leave and non-essential government services close," explained economist Robert Wood from Berenberg Bank.

Related: 8 things you need to know about the debt ceiling

Monday is the last day of the month and the third quarter. Both the Dow Jones industrial average and the S&P 500 index have risen by well over 3% so far in September, hitting record highs as investors cheered continued stimulus by the U.S. Federal Reserve. All three indexes are up for the quarter, led by the Nasdaq, which has risen 11%.

But markets have pulled back as the shutdown looms and the U.S. nears its debt ceiling, a limit on the amount it can borrow. If the government hits its debt ceiling in mid-October, it will not be able to pay its bills and will default, though many people believe a last-minute solution will be found.

Related: Fear & Greed Index, sliding into fear

U.S. stocks fell Friday. The Dow and S&P finished the week with a 1% loss, though the Nasdaq eked out a gain.

European markets were all falling in midday trading, with renewed political turmoil in Italy further undermining sentiment. Of the major indexes, the CAC 40 in Paris was deepest in the red, declining by 1.3%.

Italian markets took a hit after Silvio Berlusconi pulled his support for the country's coalition government over the weekend, threatening early elections. The main Italian stock index fell by over 1.5% and yields on 10-year government bonds edged higher.

Related: How the government will shut down

"Berlusconi has thrown Italian politics into potential chaos again after ordering his five ministers to resign from the coalition," wrote Deutsche Bank analyst Jim Reid, in a market report. "It's an impressive feat to knock off a potential U.S. government shutdown from top billing but Berlusconi might have achieved it."

Asian markets closed with losses, though the Shanghai Composite index bucked the trend and moved higher. China launched a free trade zone in the city on Sunday, an experiment in promoting trade, expanding foreign investment access and liberalizing the financial sector. To top of page

First Published: September 30, 2013: 5:04 AM ET


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Is Obamacare a jobs killer?

NEW YORK (CNNMoney)

Critics claims the Affordable Care Act -- a.k.a. Obamacare -- will cost the economy jobs. But economists' views are mixed on the issue.

Nine out of 14 economists polled by CNNMoney said businesses are putting off hiring in light of health care reform, which stipulates that employers with 50 or more workers provide affordable health insurance starting in 2015.

And CNNMoney has heard anecdotal stories from small businesses owners that healthcare reform is causing them to give employees fewer hours.

But there is also reason to believe the job killing criticism could be overblown.

As of 2010, 97% of small businesses had fewer than 50 employees, according to the U.S. Census. That means Obamacare's employer mandate applies only to 3% of America's small businesses. Of companies with more than 50 workers, 96% already offer health plans, government data shows.

The ADP jobs survey -- one of the largest surveys of private employers -- shows that small businesses are still hiring strong.

"There is little evidence that fiscal austerity and Health Care Reform have had a significant impact on the job market," said Mark Zandi, chief economist of Moody's Analytics and a collaborator on the ADP report, in a press release with the August survey.

The case for hurting job growth: Uncertainty was the big reason economists gave for why employers might not be hiring -- uncertainty over how much it's going to cost to insure additional workers, and how much health care premiums for existing employees might go up.

"The ambiguity over the law's actual impact on health care premiums imparts uncertainty over where true labor costs will be going," said Sean Snaith, director of the Institute for Economic Competitiveness at the University of Central Florida. "It is understandable that businesses would choose to delay any hiring that is not absolutely essential rather than running into that fog."

A few of the economists predicted the legislation would cost the economy around 10,000 jobs per month.

Related: See the Obamacare premiums

Several also mentioned that Obamacare is one of many policy uncertainties out of Washington that's acting to suppress job growth -- the others primarily relating to the seemingly endless talk of a government shutdown.

Other economists said businesses are bound to hire less because the cost of each employee will likely go up.

"Any time you attach an extra cost to labor you will cause it to be less fully utilized," said Robert Brusca, chief economist at Fact and Opinion Economics, a Manhattan consultancy.

Related: The overblown Obamacare myth about small business

The case against: Economists saying Obamacare is not having a meaningful impact on jobs tend to argue that hiring is not driven by labor costs, but rather demand for goods.

"Work still needs to be done," said David Wyss, a fellow at Brown University. "But it may be biasing toward more part-timers."

Others noted that most people already have work-provided health insurance, and many small companies are exempt from the law because they employ fewer that 50 people.

"Not enough companies are negatively impacted, and those that are are adjusting in other ways," said Zandi.

One economist speculated that the health care law will boost jobs, as all those exchanges will need people to run them. To top of page

First Published: September 30, 2013: 7:43 AM ET


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Mark Cuban insider trading trial set to start

mark cuban

Mark Cuban's insider trading trial is finally set to start five years after the SEC first filed charges against him.

NEW YORK (CNNMoney)

The controversial owner of the NBA's Dallas Mavericks and a star of the reality television show "Shark Tank" is accused of dumping his whole stake in the company Mamma.com in 2004 before details of a pending stock offering were announced, avoiding a $750,000 loss on the holding.

Mamma.com, a search software company, has since changed its name to Copernic and been purchased by Constellation Software (CNSWF).

Cuban was the largest individual shareholder in Mamma.com at the time he was contacted by the company's CEO and told the company intended to sell more shares to raise funds.

According to court documents, Cuban became angry and said he opposed the sale because it would dilute his 6% stake. But he then said "Well, now I'm screwed. I can't sell." However, Cuban sold his entire stake of 600,000 shares of the company immediately after getting more details of the planned stock sale from the company's financial advisers.

Related: The gray art of not quite insider trading

Cuban argued in court that while he was prohibited from disclosing the plans for a stock sale by the company, he was not prohibited from trading his shares on the information. In July 2009, U.S. District Court Judge Sidney Fitzwater granted Cuban's motion to dismiss the case. But a court of appeals decision reinstated the case. Fitzwater will oversee the jury trial set to start Monday.

The case against Cuban is a civil case, not a criminal case. He can be forced to pay a fine, which he is used to doing. The NBA has fined him an estimated $1.8 million through a course of 19 infractions during his career, according to Bleacher Report, including a $100,000 fine once for telling CNNMoney of his interest in signing LeBron James a month before the superstar formally became a free agent.

Cuban made most of his fortune when he sold the Internet company he started, Broadcast.com, to Yahoo for $5.7 billion in 1999. Yahoo ended up shuttering the Internet broadcaster just a few years later.

The looming federal government shutdown won't immediately halt federal court cases, as the courts have enough funds to operate for at least 10 days. The SEC is one of the agencies that will be subject to the shutdown, although certain employees will be exempted and stay on the job. To top of page

First Published: September 30, 2013: 8:22 AM ET


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Italy political drama jolts markets

enrico letta

Italian Prime Minister Enrico Letta is battling to get his government and economic program back on track after Silvio Berlusconi withdrew his support for the coalition.

LONDON (CNNMoney)

Silvio Berlusconi withdrew his support for a grand coalition led by Prime Minister Enrico Letta, just a week before a parliamentary committee was due to vote on expelling the convicted fraudster from the Senate.

Milan's benchmark index fell 1.8%, and the yield on Italy's 10-year bonds rose 18 basis points to 4.6%. That is up from around 3.9% when Letta took office in April but far from the more than 7% during the peak of the eurozone debt crisis in 2011.

Other European markets fell by about 1% as a U.S. government shutdown loomed. The dollar was a shade firmer against the euro.

Related: Stocks weak as U.S. shutdown looms

Political instability is nothing new in Italy -- governments tend to last little more than a year on average.

But a prolonged period of deadlock could prevent agreement on a budget for 2014 and delay reforms needed to keep the eurozone's third largest economy on track to meet EU-mandated borrowing targets.

Letta has scheduled a vote of confidence for Wednesday and hopes to persuade disgruntled members of Berlusconi's party and other senators to back him. Failure would raise the chance of a new election and with it the risk of months of political stalemate just as Italy, and the eurozone, look to secure a recovery from recession.

"Snap elections would be the worst scenario for confidence," noted Silvio Peruzzo, economist at Nomura.

Italy's economy is showing signs of stabilizing after nearly two years of recession. Tough austerity measures have helped produce a primary budget surplus and a wide-ranging program of structural reforms is beginning to bear fruit.

Related: European IPOs stage a comeback

But growth next year will be only a sluggish 0.7% and the country's debt burden -- already above 130% of GDP -- will continue to rise, according to International Monetary Fund forecasts.

"To sustain recovery and revive growth, Italy urgently needs further structural and fiscal reform," Kenneth Kang, assistant director for Europe at the IMF, told reporters Friday.

Without reform, the recovery will remain stuck in low gear making it much harder to tackle record unemployment of 12% and sustain the budget surpluses need to halt the rise in the country's €2 trillion debt mountain.

The economy was brought to the brink of collapse in late 2011, when the cost of servicing that debt climbed to unsustainable levels.

That crisis ushered in a technocrat government led by Mario Monti, who introduced a series of tax increases and spending cuts to restore market credibility, then further bolstered by the European Central Bank's pledge to buy eurozone government bonds in return for reforms. To top of page

First Published: September 30, 2013: 9:39 AM ET


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Not all Obamacare exchanges will open Oct. 1

health care dot gov

Not all of the Obamacare exchanges will be fully operational on Oct. 1.

NEW YORK (CNNMoney)

Residents and small business owners in certain states will not be able to fully sign up for a policy online in October because technical glitches have put enrollment on hold temporarily or forced state officials to implement old-fashioned work-arounds.

But state and federal officials stress that these delays will not have a major impact on Americans because coverage doesn't actually begin until January 1. As long as residents sign up by December 15, they'll be covered starting in 2014.

The District of Columbia was one of the latest to announce a hiccup. The district last week said that residents eligible for Medicaid or federal subsidies will not be able to enroll in a policy until November, giving officials another month to work out bugs that have been producing high error rates during testing.

Some features of the D.C. Health Link will operate next month, said Richard Sorian, exchange spokesman. Residents of the nation's capital will be able to set up a personal account and compare the 34 policies that will be available in 2014. They can use a calculator to estimate the size of their subsidy. And they can enroll if they earn more than 400% of the poverty line -- $45,960 for an individual and $94,200 for a family of four --and don't qualify for government assistance.

Those eligible for Medicaid or subsidies will be notified when their applications can be completed.

Related: I'm signing up for Obamacare

Meanwhile, small business owners in D.C. will find their exchanges are fully operational, Sorian said. They will be able to browse and enroll in one of 267 policies starting Tuesday.

But entrepreneurs in the 35 exchanges being partly or fully run by the federal government won't be able to complete their enrollment online until November 1, the Department of Health and Human Services announced Thursday. They will be able to look at the plans offered in their area online and enroll via fax or by mail. Businesses won't know the amount of their federal tax credits -- and thus their exact premium cost -- until November.

Senior administration officials said the government is delaying online enrollment because it wants to make sure the technology is working properly.

Getting both the individual and small business exchanges up and running for October 1 has been a huge technological lift for state and federal governments. Not only do the exchanges have to communicate with insurers' computers so participants can compare plans, but they have to connect to the Internal Revenue Service to verify Medicaid and subsidy eligibility, and to the Department of Homeland Security to confirm citizenship status.

At least two other states -- Colorado and Oregon -- won't have online enrollment fully available for a few weeks. In Colorado, residents who are eligible for Medicaid or a subsidy will have to call a customer service center to complete the final steps of the online application during October. The small business exchange will be fully operational.

And Oregon residents will have to apply through a paper application, over the phone or through an insurance agent or non-profit counselor for the first two weeks of October, after which they can apply online. Small businesses will be able to start applying using the same methods on October 15, and can't enroll online until November.

Oregon set up these "soft launches," as it is calling them, to make sure trained personnel are involved to catch any initial technical glitches, said Rocky King, executive director of Cover Oregon.

"It's not a delay, it's a stage," he said. "The complexity of the system is just amazing." To top of page

First Published: September 30, 2013: 9:49 AM ET


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Washington spooks stocks

S&P 500 10:19am

Click chart for more markets data.

NEW YORK (CNNMoney)

The Dow Jones Industrial Average, the S&P 500 and the Nasdaq all dropped nearly 1% in early trading Monday.

More selling ahead? Despite Monday's slide, the three major indexes are still up between 15% and 24% for the year. The Dow and S&P 500 are up over 3% in September alone, and hit record highs just two weeks ago. All three indexes are up for the quarter, led by the Nasdaq, which has risen 11%.

But some strategists are predicting that stocks should fall further if the government closes up shop -- even if it's only a brief shutdown.

Related: 8 things you need to know about the debt ceiling

Citigroup analyst Tobias Levkovich said that the "rancorous debate in Washington" coupled with slowing economic growth could push the S&P 500 down to 1600, a drop of more than 5% from its current level.

Levkovich and several other analysts also expect companies to cut their 2014 profit forecasts when they report third quarter earnings over the next few weeks. That could be another wake up call for investors, who had been bullish all year despite some big risks.

Related: Fear & Greed Index shows investors are becoming increasingly fearful

The shutdown isn't the only thing in Washington that investors are worried about. Stocks have pulled back recently as the U.S. gets closer to hitting the debt ceiling. If Congress fails to increase the debt limit, the U.S. government won't be able to pay all of its bills later this month.

Related: Obamacare and biotech boost health care stocks

What's moving: Shares of Apple (AAPL, Fortune 500) dropped more than 1% ahead of CEO Tim Cook's anticipated lunch meeting with activist investor Carl Icahn.

Social media stocks Facebook (FB), Zynga (ZNGA), and LinkedIn (LNKD) fell Monday. There is increased chatter that Twitter may file its financial statements with the Securities and Exchange Commission this week, although it's not clear if that will happen if the government shuts down.

Some investors believe that Twitter's upcoming initial public offering could steal some momentum from other social media stocks since it is assumed that Twitter's growth will be very strong.

J.C. Penney (JCP, Fortune 500) dipped sharply Monday morning before bouncing back. The retailer, which has been hemorrhaging money, announced last Friday that it had raised roughly $810 million through a public offering. Shares are trading near lows not hit since late 2000.

Related: How the government will shut down

Government shutdown hits world markets: European markets were all down in afternoon trading on fears over what the U.S. shutdown could mean for economies in Europe. Most Asian markets closed with losses, though the Shanghai Composite moved higher. China launched a free trade zone in Shanghai on Sunday, an experiment in promoting trade and expanding foreign investments in China. To top of page

First Published: September 30, 2013: 9:55 AM ET


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Obamacare and biotech boost health care stocks

health care stocks

Health care stocks have outperformed the broader market since the passage of Obamacare, rising 55% compared to a 40% increase in the S&P 500. Click the chart to track the Health Care Select Sector SPDR ETF.

NEW YORK (CNNMoney)

Insurance companies UnitedHealth (UNH, Fortune 500), Cigna (CI, Fortune 500) and Aetna (AET, Fortune 500) have all climbed about 100% since Obamacare was signed into law. They initially got a boost as investors anticipated that the law, which requires Americans to have health insurance beginning in 2014 or pay a penalty, would result in millions of new customers.

New state-based exchanges open for enrollment this week, but analysts note that many major insurers are not going to take part on them yet. So investors should not expect another Obamacare bump for these stocks in the short-term.

But insurers that specialize in Medcaid, such as Molina (MOH, Fortune 500) and Centene (CNC, Fortune 500), could benefit sooner, said ClearBridge Investments health care analyst Marshall Gordon. Though only a little over half of the nation's states are opting to expand coverage for their low-income residents, Gordon expects more will eventually sign on.

Related: Obamacare cheat sheet

Major hospital operators Tenet Healthcare, (THC, Fortune 500) Community Health System (CYH, Fortune 500) and HCA Holding (HCA, Fortune 500) have also gained considerable ground thanks to the legislation.

"Hospitals currently get stuck paying for a lot of uninsured patients when they come to the emergency room," said Charles Sizemore, chief investment officer at Sizemore Capital Management. He expects the increase in the number of insured Americans to help increase revenue and limit the debt burden at hospitals, but he added that this is mostly factored into their stock prices already.

Still, Obamacare is not the only reason why the health care sector has done so well for the past three years.

The real stars of health care have been biotechnology companies. In fact, the S&P 500 biotechnology index is up a whopping 60% just this year -- more than any other part of the health care sector.

Related: Are employers dumping health benefits because of Obamacare?

The gains have been driven by a number of high-profile government drug approvals over the past few years. Jeffrey Loo, a S&P Capital IQ analyst, noted that Vertex's (VRTX) Incivek, a drug to treat Hepatitis C, was approved in 2011 and became the fastest drug in history to reach $1 billion in sales.

Shares of biotech companies have also been lifted by several large mergers, such as Amgen's (AMGN, Fortune 500) $10 billion purchase of Onyx Pharmaceuticals (ONXX). Loo said that's led to speculation of more biotech deals.

Despite the big surge in health care stocks overall, analysts remain optimistic.

ClearBridge's Gordon said many pharmaceutical firms are developing innovative new drugs. He particularly likes Bristol-Myers (BMY, Fortune 500), Merck (MRK, Fortune 500) and AstraZeneca (AZN).

The industry also stands to benefit as baby boomers get older.

"The aging population could provide a boon for the industry as an increasing number of Americans require more extensive drug treatments and medical care," said Brad Sorensen, director of market and sector research at Charles Schwab.

But Sorensen added that the health care sector "is very politically charged right now." So investors will need to keep any eye on how exactly Obamacare is implemented. To top of page

First Published: September 30, 2013: 9:21 AM ET


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Opinion: Lawmaker wants AIG CEO to apologize or quit

elijah cummings aig

Rep. Elijah E. Cummings thinks that AIG CEO Robert Benmosche should resign if he's not willing to apologize for comments comparing criticism of bonuses to lynchings.

NEW YORK (CNNMoney)

To be clear, his exact words were that the uproar over millions of dollars in bonuses paid to AIG (AIG, Fortune 500) employees "was intended to stir public anger, to get everybody out there with their pitch forks and their hangman nooses, and all that -- sort of like what we did in the Deep South [decades ago]. And I think it was just as bad and just as wrong."

When I read these comments, I literally could not believe they were accurate -- or that they were uttered by the CEO of a major, modern-day American corporation.

As the leading congressional critic of AIG's lavish spending before and after its taxpayer funded bailout -- and as the son of sharecroppers who experienced lynchings in their communities -- I found it unbelievably appalling that Mr. Benmosche equated the violent repression of African Americans with congressional efforts to prevent the waste of taxpayer dollars.

Related: AIG CEO says bonus criticisms 'just as bad' as lynchings

Millions of Americans lost their jobs and homes as our nation's economy plummeted into the Great Recession, in part because of AIG's reckless actions, and yet the U.S. taxpayers provided tens of billions of dollars to keep the company afloat.

Last Tuesday, I called for Mr. Benmosche's resignation. I did not take this step lightly. In my opinion, his comments revealed a blatant disregard for the titanic struggles this nation has been through—both economic and social. They also demonstrated brazen arrogance and a detachment from the challenges real people face across this country on a daily basis.

I believed that Mr. Benmosche -- with all his high-priced consulting firms and legal advisers -- would begin damage control. I fully expected a formal retraction of his comments, a direct and sincere apology to those he offended, and at least a modicum of humility.

But there was no retraction. There was no apology. And there was no remorse.

Instead, AIG's press office sent to select media outlets a short quote, saying only: "It was a poor choice of words. I never meant to offend anyone by it."

Poor choice of words?

Does that mean the concept he was conveying was sound? Does he think public concern about AIG using taxpayer funds to reward employees with lavish bonuses really is "just as bad" as lynching in the Deep South?

Related: AIG won't join lawsuit against U.S.

Does he believe that, if only he could express himself with less offensive rhetoric, he could convince the public that he is right -- that it was the Wall Street executives who were wronged?

There are no words that will work that kind of magic.

And he never meant to offend anyone?

It is difficult to believe that I actually need to explain this, but in the Deep South, millions of African American citizens lived in a terrifying world in which their parents, their spouses, and even their children could be hung from trees simply because of the color of their skin.

Mr. Benmosche's subsequent statement in the wake of his offensive comments reflects the same kind of detachment and sense of entitlement.

The only thing he appears sorry about is the annoyance of having to deal with the public relations problem he caused and likely considers unfair.

On Wednesday, my office received a call from AIG. It was not from Mr. Benmosche, but from the company's government affairs office. They asked if I had seen his follow-up quote and if I was "satisfied."

No, Mr. Benmosche, I am not satisfied.

And if you cannot understand why, that is precisely why you should resign.

Rep. Elijah E. Cummings (D-MD), is the Ranking Member of the House Committee on Oversight and Government Reform. To top of page

First Published: September 30, 2013: 11:53 AM ET


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S&P nears record after Summers' withdrawal

Written By limadu on Senin, 16 September 2013 | 23.10

u.s. stocks

Click the chart for more stock market data.

NEW YORK (CNNMoney)

The blue chip index rose nearly 1% in midday trading Monday and is just a handful of points below its all-time peak of 1,709 from early last month. The Dow Jones industrial average rose about 1% as well, while the Nasdaq rose 0.4%.

Global markets also cheered the news. European markets were solidly higher in afternoon trading, and most Asian markets also climbed.

Bond investors were elated too. The 10-year Treasury yield fell to 2.8% as investors rushed to buy long-term bonds.

And the dollar sold off against major currencies including the euro and the British pound.

Click here for more on stocks, bonds, currencies and commodities

Investors are excited at the prospect of top contender Janet Yellen taking over from current Fed chairman Ben Bernanke, since she is widely expected to pursue a similar policy of stimulating the economy to bring the unemployment rate down. Yellen is currently the Fed's vice chair.

There had been some concerns that Summers, who was widely viewed as the frontrunner for the top Fed job, would have been more aggressive at pulling back on the monetary stimulus measures that have been pumping cash into the system and supporting stock markets around the world.

"While Summers and Yellen are both doves who feel growth is a bigger risk than inflation, Yellen played a key part in designing the central bank's quantitative easing program and more recently, was a big advocate of forward guidance," said Kathy Lien, managing director at BK Asset Management.

Lien added that Summers may have caused more volatility for the markets due to "his unpredictability and potential for unscripted comments."

Related: Janet Yellen is again the frontrunner for Fed chair

Meanwhile, Saturday's announcement that the U.S. and Russia had created a framework to eliminate Syria's chemical weapons also lifted investors' mood.

The threat of imminent U.S.-led military strikes against Syria has now faded to the background, but it had caused a significant amount of market volatility and spikes in oil prices. The price of light crude oil is now easing.

Related: Fear & Greed Index idling in neutral

The day's rally was broad, with all ten sectors of the S&P 500 moving higher.

Housing stocks were among the biggest winners, with shares of Pulte Group (PHM), DR Horton (DHI), and Lennar (LEN) all up more than 3%.

Traders on StockTwits said investors may be betting on the group as Summers' decision to drop out from the Fed chief race could be good for the housing market. With Treasury yields falling, the hope is that mortgages rates might do the same.

SectorTrends: Home builders flying on Summers news, not waiting for FOMC minutes $DHI +4.8%, $KBH +4%, $LEN +4%, $MHO +5%, $RYL +5%, $TMHC +5% Bullish

Related: Why homebuilder stocks are a buy

But even though the entire market was moving higher, Apple (AAPL, Fortune 500) was a clear laggard. Shares were down more than 2% as investors continued to punish the stock after analysts were disappointed by the new iPhone 5S and iPhone 5C.

BullGuy: $AAPL I hope they have a secret announcement for new iPads, IWatch, or itv, investors are not satisfied.

CK315: $AAPL Expectations of new Iphones are unrealistic, Jobs presided over a time when smart phones were still in their infancy

AlohaTrades: $AAPL at this level, I hate being long, but would be more terrified at being short. All it takes is one sales number overnight . . . Bullish

On the economic front, manufacturing activity in New York unexpectedly slowed in September, according to report from the New York Federal Reserve. A separate report showed that industrial production rose the most in six months, although slightly slower pace than estimates, while capacity utilization grew in line with forecasts. To top of page

First Published: September 16, 2013: 9:45 AM ET


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German Dax at new high as Summers lifts markets

dax 160913 - Update 1

Germany's Dax and major stock indexes around the world jumped Monday after Larry Summers dropped out of the race for Fed chair.

HONG KONG (CNNMoney)

Summers' withdrawal boosts the chances of Janet Yellen taking over at the Fed. Yellen is expected to take a less aggressive approach to unwinding the massive monetary stimulus measures that have supported markets worldwide.

Asian markets closed with healthy gains. Stocks in Hong Kong advanced 1.5%, while Korea rose 1% and Singapore climbed 1.8%. Emerging markets in the region were even stronger, with Philippines shares surging 2.8% and Indonesian stocks up 2.6%.

The Tokyo Stock Exchange was closed for a holiday. At the same time, the U.S. dollar was weaker against most major currencies.

Markets in Europe followed the upbeat trend. Germany's benchmark DAX index led the way, gaining 1.3% to post a new record high. French stocks were 0.85% higher in morning trading, and U.S. futures pointed to a strong open.

Saturday's announcement that the U.S. and Russia had agreed a framework to eliminate Syria's chemical weapons was also supporting sentiment, as the threat of U.S.-led military strikes faded further.

Related: U.S. stock futures gain with Yellen now Fed favorite

The Summers announcement comes before a Fed policy meeting that is widely expected to provide clarification on when the central bank will begin to scale back the massive economic stimulus programs that have fueled growth and juiced markets since the global financial crisis five years ago.

Now that Summers, a controversial pick, has stepped out, the "market interpretation is that there is less sense of urgency to unwind QE," said Michael Liang of Foundation Asset Management. "The market in a way has been affected by [the idea of] tapering. Now it's more of a mild situation ... In the short run, I think the pressure is off."

Expectations of less aggressive Fed tapering could have the biggest impact in emerging markets, where investors had been pulling their money and returning to the U.S. in search of higher yields.

"As market expectations adjust to less aggressive Fed tapering, this should reduce the immediate risk of significant capital outflows from Asia, providing significant relief for those economies with current account deficits that have faced balance of payments pressures," Nomura economists wrote in a note. Those countries include India, Indonesia, Malaysia and Thailand.

The U.S. dollar's drop is "probably more of a knee jerk reaction," Liang said. "By taking less aggressive monetary policy, this will support U.S. economic growth, which in turn will support an even stronger dollar."

Yellen is now considered the frontrunner to lead the Fed when the term of current Chairman Ben Bernanke ends in January. Before the appointment can be made official, the Senate is tasked with holding confirmation hearings and voting on the nominee.

-- Virginia Harrison contributed to this article. To top of page

First Published: September 15, 2013: 11:56 PM ET


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Chrysler to file for IPO this month

chrysler ipo

Chrysler could return to the stock market as early as this year.

LONDON (CNNMoney)

The company, which is majority owned by Italian carmaker Fiat (FIADF), will file documents by the end of September preparing the way for a possible return to the stock market, a Fiat spokesman said.

The spokesman confirmed remarks made by Sergio Marchionne, chief executive of Fiat and Chrysler, in an interview with the Financial Times published late Sunday. Marchionne said the listing could take place by the end of the year but was more likely in the first quarter of 2014.

Fiat rescued Chrysler from bankruptcy in 2009. It now owns 58.5% of the the company.

The rest is owned by union trust funds set up in 2007 as a way of reducing the financial burden on Chrysler of paying health care costs for its hourly retirees.

The funds were never supposed to have a large share of their assets in the form of a privately-held stock, but with Chrysler running out of cash the following the year and falling into bankruptcy in early 2009, the only asset it could offer the funds was its own stock.

Related: Car sales surge back to pre-recession levels

Marchionne is on record as saying he wants Fiat to own all of Chrysler and for the two companies to be formally merged together. The preparations for an IPO suggest he has been unable to agree a deal with the funds to buy their shares directly, rather than sell them to the public.

Still, the IPO process could help the funds and Fiat agree on a fair market value for the company.

Marchionne has been the CEO of both carmakers since Chrysler emerged from bankruptcy with the two companies almost operating as one. Chrysler has even started selling Fiat vehicles in the United States for the first time in decades.

Fiat bought the 8% of the shares in the company that were initially owned by the U.S. Treasury as a result of the bailout. And it was able to get other shares through the transfer of Fiat technology to Chrysler. To top of page

First Published: September 16, 2013: 9:33 AM ET


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Get an early start on retirement

retirement investing

Think you can't afford to save in your 401(k) when you make $50,000 or less? You can't afford not to.

(Money Magazine)

No wonder that a recent Wells Fargo survey found that fewer than half of millennials ages 22 to 32 were socking away cash for retirement -- and that nearly 90% of those who weren't said lack of money was the reason.

Waiting until you're more secure financially, though, will cost you plenty. Contribute steadily to your company savings plan starting in your twenties, and you have a good shot at being a millionaire by the time you retire. Hold off, and that seven-figure stash gets more elusive.

How can you swing it? These tips will help.

Get some perspective

Eight in 10 of the nonsavers in the Wells Fargo study said they needed to pay down debt first. A worthy goal, but one you should pursue simultaneously with, not ahead of, saving for retirement.

For one thing, most employers kick in 50¢ for every dollar you put in, up to the first 6% of your salary. That's an automatic minimum 50% return vs., say, a 6.8% return when you pay down student loans at that interest rate.

Plus, as Wharton professor Olivia Mitchell notes, "The money you put into a 401(k) or IRA benefits from a lifetime of tax-free compounding."

That is, you not only earn money on your investment, but your earnings earn money. The sooner you start, the greater the magnifying effect.

Related: Trick yourself into boosting your 401(k) contributions

The bite from your paycheck may also be more manageable than you think, since you contribute with pretax dollars. The after-tax cost of saving $3,000 a year, or 6% of a $50,000 salary: just $43 a week.

Free up cash

To come up with that scratch, eat a brown-bag lunch a couple of times a week, and drink the office swill instead of caramel macchiatos.

Opting for income-based repayment of your federal student loans instead of a standard plan can also help -- if you make $50,000 and owe $30,000, you'd reduce payments by $68 a month, says financial aid adviser Kal Chany of Campus Consultants. Sure, that will extend the life of your loan, but it's worth it if you put the cash in your 401(k) and get an employer match.

Related: See how quickly you can pay off student loans

Take baby steps

Start contributing a modest amount -- say, 3% of your salary -- then bump up by a percentage point a year, until you're up to the recommended savings rate of 10%. Time the hikes to your annual raise, and you won't even feel the pinch. Or, if your employer offers this feature, elect automatic annual increases. Research shows that workers who use this set-it-and-forget-it approach end up with substantially bigger balances. To top of page

First Published: September 16, 2013: 9:30 AM ET


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Banks lock out Americans over new tax law

volksbank jimmy sexton

Jimmy Sexton, an American, was forced to close his checking account at Volksbank in Austria earlier this year.

HONG KONG (CNNMoney)

That's what banks around the world have been telling their U.S. customers, as they try to avoid having to comply with a new tax law due to come into force next year.

Jimmy Sexton, an American, was forced to close his checking account at Volksbank in Austria earlier this year. And Genevieve Besser, an American living in Germany, was given two months notice last year to close her securities account at ING-Diba, the German arm of Dutch bank ING (INGVF).

The U.S. Foreign Account Tax Compliance Act, which requires businesses to report all assets held by Americans, aims to recoup the hundreds of billions the U.S. says it loses each year from tax evasion. But it's also leading global banks big and small to dump U.S. customers rather than wrestle with the complicated law.

"U.S. citizens living abroad are really having a hard time with their banks," said Gerard Laures, a partner in the financial services tax division at KPMG.

Proper compliance -- which means reporting everything from basic savings accounts, pension funds, investments, and more -- could easily cost institutions millions each year, he estimated. And penalties are severe; businesses face a 30% tax on U.S.-sourced income if they fail to comply.

"Many banks have taken the decision to tell U.S. customers to go away," Laures said.

Ross Badger, a tax adviser at Satis Asset Management, estimates that half of his clients have had difficulties with their banks, and expects the trend to continue.

Besser was told that new U.S. regulations would "mean a considerable increase in costs," according to a letter she received from the bank. Instead of charging American customers higher fees to offset the new costs, the bank simply decided to shut down the accounts. Sexton received a similar explanation.

Related story: Americans turn in passports as new tax law hits

A number of other banks have also kicked out Americans.

Deutsche Bank (DB) decided in mid-2011 to close the securities accounts of U.S. residents outside America because of the new law, and HypoVereinsbank, part of Italy's UniCredit, (UNCFF) followed suit.

HSBC is no longer offering wealth management services for Americans in some countries. Neither is the Bank of Singapore, the private banking operation of the Oversea-Chinese Banking Corp. And Raiffeisen bank in Switzerland has cut ties with Americans.

That's only a small sample of banks that are refusing to do business with Americans, who now face a "banking lockout problem," said Marylouise Serrato, executive director of American Citizens Abroad.

It's already a challenge to keep existing accounts open, and it's getting harder to open new ones. Americans are being refused financial services such as mortgages, insurance policies, and pension plans, she said.

"I mean, how do you function without a bank account or a charge card?" she said. "If you can't put your name in an account because a bank doesn't want an American, how do you even rent an apartment to live?"

Banking problems are adding to the tax headaches U.S. expats already face, many of whom say it's a burden to ensure their taxes are filed accurately each year. Growing numbers are even choosing to give up their U.S. citizenship as a way of escaping the paperwork.

After being told to leave ING-Diba, Besser said she was turned away by Barclays (BCS), Fidelity, Franklin Templeton, and a German savings bank, before she finally found a bank that would open an account.

Sexton, who is president of his own international tax firm, was also able to open a new account at another bank with a department specializing in expat accounts.

Financial institutions that are in a position to comply with the regulations could pick up some of the slack. "There is an awful lot of money around," Badger said.

"There's an assumption that if you have accounts outside the U.S. that you're a tax evader," Besser said. "It's not that easy to evade taxes. I mean, what taxes am I evading?" To top of page

First Published: September 15, 2013: 11:19 PM ET


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The taper is coming. Get over it

NEW YORK (CNNMoney)

The Federal Reserve will wrap up a two-day policymaking meeting this Wednesday, and Fed watchers are obsessing over the timing of when the central bank may begin to slow its bond-buying program.

The policy, known as quantitative easing, entails buying $85 billion in Treasuries and mortgage-backed securities each month, in an attempt to lower long-term interest rates, particularly on mortgages.

Federal Reserve officials have been broadcasting for months that they intend to start winding down the program this year. It's safe to say that it's going to happen -- if not this week, then in the next three months.

At this point, will a month or two make a difference?

"Frankly, whether the Fed begins its taper in September or December is largely irrelevant for the economic outlook," said Paul Ashworth, chief North American economist for Capital Economics, in a research note.

So let's move on and talk about what the "taper" may look like.

It will be small: Call it the "mini" taper. Given the volatile market reaction after Chairman Ben Bernanke merely mentioned tapering back in May, the Fed may want to take it slow with its first reduction in bond purchases.

Big banks are largely expecting the first cut to total around $15 billion, according to the New York Fed's primary dealer survey conducted in July. Now, however, economists are saying the first cut could be as small as $5 billion to $10 billion.

This strategy enables the Fed to signal to markets that tapering is indeed underway, without triggering more market volatility.

"A very modest tapering, on the order of a reduction in purchases of $5 billion a month, would enable the committee to act without shocking markets," said Bob Eisenbeis, chief monetary economist for Cumberland Advisors, and former executive vice president at the Atlanta Fed.

Related: How the Fed can taper without killing housing

It will cut Treasuries first: Since Bernanke first signaled that tapering could begin later this year, mortgage rates have risen dramatically and the housing recovery has lost some steam. The rate on a fixed 30-year mortgage rose from 3.4% in early May, to 4.6% last week.

Along with that rise, new home building and pending home sales both fell in July, and applications for mortgages have fallen back to a five-year low.

The housing market is one place where the Fed's bond-buying program can have a potent impact, and given the economic recovery still remains tepid, it may want to prevent mortgage rates from rising too quickly.

This is why Northwestern University economists recommend the Fed should first cut back on its $45-billion-a-month in Treasury purchases. The Fed also buys $40 billion in mortgage-backed securities each month, but those purchases should be the last part of the stimulus to end, according to a paper presented in Jackson Hole, Wyo. last month.

It need not follow a consistent path: After the Fed wraps up its two-day meeting on Wednesday, expect to hear these two key points from Bernanke: First, tapering does not equal tightening. The Fed still plans to keep its key short-term interest rate near record lows until at least 2015.

Second, as the central bank starts to wind down the bond-buying, it may not do so in a methodical step-by-step sequence. They may cut purchases at one meeting, and then pause and assess for a few meetings, before they cut some more. Each cut may also differ in size.

Bernanke will also want to show that the Fed is flexible. Should the economy worsen, the central bank still reserves the right to increase the bond-buying program again. To top of page

First Published: September 16, 2013: 4:15 AM ET


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Where Keystone's oil will go

NEW YORK (CNNMoney)

Supporters of Keystone say the project will benefit Americans because it will reduce the country's reliance on foreign oil.

But critics claim the oil Keystone carries will simply be exported to other parts of the world.

Which argument is right? Refining analysts say both.

Reducing dependence on foreign oil

It's true that the 830,000 barrels a day the pipeline is slated to carry would probably replace some of the 2 million barrels a day of heavy oil currently imported to the Gulf Coast. It's generally cheaper to transport oil by pipeline than by ship, so refiners would likely opt for the Canadian crude.

"They want the additional Canadian barrels to displace higher cost barrels from Venezuela, Mexico or Saudi Arabia," said Allen Good, an oil company stock analyst at Morningstar.

The energy boom in both the United States and Canada is already reducing imports. In 2008 the United States imported 9.8 million barrels of oil a day, according to the Energy Information Administration. By 2012 that number had fallen to 8.5 million barrels a day.

Exporting more oil

But it's also true that exports of refined products from the United States will likely continue to rise.

Thanks largely to better fuel economy and higher prices, the long-term demand for gasoline in the United States is either flat or declining. That means the nation's refineries are producing more gasoline, diesel fuel and other oil products than the country needs, and exporting the rest. Gasoline is actually one of the nation's largest exports, going mostly to Latin America.

In 2008 the country exported 1.8 million barrels a day of refined products, according to EIA. By 2012 that number jumped to 3.2 million barrels.

"That trend will continue whether Keystone is built or not," said Brian Milne, a refined fuels editor at Schneider Electric, an information provider

Once refined, it'll be impossible to tell exactly where the oil that came down the pipeline went, but "with more oil, that [export] number will increase," said Milne.

Related: If Wall Street's right, Obama may nix Keystone

President Obama is expected to either approve or deny the pipeline by the end of this year.

The project has become a matter of intense debate in the United States. Critics hate it because they fear it will accelerate "dirty" oil production from Canada's oil sands region in Alberta. Oil sands crude emits about 17% more greenhouse gases than traditional oil, according to the U.S. State Department, largely due to the heat it takes to separate the oil from the sand.

Supporters say the oil is no dirtier than other forms of heavy oil the country is currently importing. To top of page

First Published: September 16, 2013: 3:58 AM ET


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Your guide to a government shutdown

NEW YORK (CNNMoney)

If Congress can't agree on at least a short-term funding bill that President Obama is willing to sign, many functions of the federal government -- but not all -- will be shut down indefinitely on Oct. 1.

And Uncle Sam will pay a price. There's a cost to shutting the government down and then reopening it when the storm clouds clear. Two shutdowns in the mid-1990s cost an estimated $1.4 billion, according to the Congressional Research Service.

There's no telling exactly what a shutdown in October would look like because the White House has some discretion in terms of what's hit and what's not. But based on the shutdowns in the mid-1990s, the following is a pretty good bet.

What will be closed for business: Many, if not most, federal government offices, programs, museums and parks would be shuttered.

So if the shutdown lasts awhile, the travel industry could take a hit as vacations and business trips are scuttled -- whether because people can't get a visa or passport or because they have to cancel their plans to visit Yosemite.

For federal contractors, projects may be delayed because the agencies they work for can't issue the paperwork needed to move forward.

And Americans who need something from a federal office affected by the shutdown may be out of luck.

What will be open for business: Parts of the government that provide what the White House budget office deems critical would still operate.

Critical services, broadly speaking, protect human life and property. Typically that has included air traffic control, national security, the handling of hazardous waste, food inspections, border protection, maintenance of the power grid and disaster assistance.

In addition, taxes likely would still be collected, and U.S. bonds issued. Anything else deemed essential to the preservation of the country's banking system would likely carry on as well.

Related: Pessimism deepens over budget standoff

Who will come to work and who won't: Hundreds of thousands of federal workers would be furloughed without pay. Historically that pay has been restored when the shutdown ends, but there's no guarantee of that in law.

Many federal employees, however, would be exempted from furloughs. President Obama and his presidential appointees, as well as members of Congress, fall into that category.

Also expected to work through a shutdown are federal employees needed to preserve key parts of the money and banking systems.

Anyone authorized to work during a shutdown would be paid, although in most instances they will not get their checks until after the shutdown ends.

How mail would be affected: The mail would still be delivered.

How justice will be served: The federal judiciary estimated that if a shutdown had occurred this year, the court system could have functioned for roughly 10 working days on the basis of fees and funds from prior appropriations, according to CRS.

Related: Budget follies: 3 crazy years and counting

When that funding runs out, the judiciary would allow "essential work" to be performed, including the resolution of cases.

Federal court staff and officers who work through the shutdown would not be paid. But Supreme Court justices and federal judges appointed under Article III of the Constitution would.

If you're called for federal jury duty, you won't get paid for it on time.

What happens to Social Security and other benefits: Funding for entitlement benefits is considered mandatory, meaning it's not subject to the annual appropriations process.

So the money will be there to pay the benefits. The only question is whether the federal workers who process them will be.

Social Security checks did go out during the last shutdown, and the White House should be able to ensure the same thing happens again if need be.

During the mid-1990s shutdowns, the Social Security Administration initially retained nearly 5,000 employees to send benefits to those already enrolled in the program. But during the second, longer shutdown, it realized it would need closer to 50,000 employees to process applications for new claims or Social Security cards, address changes and other benefit-related tasks.

How Obamacare will fare: Those who would threaten to shut the government down are those who most want to see Obamacare delayed and defunded.

But an analysis by the CRS concludes that the implementation of Obamacare is likely to continue in the event of a shutdown. To top of page

First Published: September 16, 2013: 4:21 AM ET


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Stocks gain, S&P nears new record

dow september 833

Click on chart to track markets

NEW YORK (CNNMoney)

U.S. stock futures and global markets were pushing higher as investors now anticipate Janet Yellen will take the helm of the Fed.

All three major U.S. indexes were moving up by more than 1% ahead of the opening bell, bringing the S&P close to its record of 1,709 from Aug. 2. The U.S. dollar was slipping.

Investors are excited at the prospect of Yellen taking over from current Fed chairman Ben Bernanke, since she is widely expected to pursue a similar policy of stimulating the economy to bring the unemployment rate down.

Investors had been concerned that Summers, the previous frontrunner for the top Fed job, would have been more aggressive at pulling back on the monetary stimulus measures that have been pumping cash into the system and supporting stock markets around the world.

Related: Janet Yellen is again the frontrunner for Fed chair

Meanwhile, Saturday's announcement that the U.S. and Russia had created a framework to eliminate Syria's chemical weapons may also support a positive sentiment.

The threat of imminent U.S.-led military strikes against Syria has now faded to the background, but it had caused a significant amount of market volatility and spikes in oil prices. The price of light crude oil is now easing.

Looking to the day ahead, the New York branch of the U.S. Federal Reserve will publish its monthly manufacturing survey at 8:30 a.m. ET. At 9:15, the Census Bureau will release reports on industrial production and capacity utilization.

Related: Fear & Greed Index idling in neutral

U.S. stocks finished higher Friday, capping a strong week of gains. The Dow Jones industrial average rose by 3% last week, while the other two main indexes rose by nearly 2%. It was the best week since January for the Dow and the best week since July for the S&P 500.

European markets were solidly higher in morning trading, with Germany's Dax leading the way with a gain of more than 1%.

Most Asian markets were climbing, though markets in Japan are closed for a holiday. To top of page

First Published: September 16, 2013: 4:47 AM ET


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Surprise! Lehman Brothers is still big

lehman brothers now

Even though Lehman Brothers went bankrupt five years ago, there are still employees working in New York and elsewhere to unwind assets.

NEW YORK (CNNMoney)

Most of its remaining employees work out of two floors of the Time-Life building not far from the bank's former headquarters in midtown Manhattan.

Lehman will eventually cease to exist. A bankruptcy court opted to liquidate Lehman Brothers.

But that unwinding is expected to take at least several more years. Lehman has more than $30 billion to recover, and several multi-billion dollar legal fights left over how much creditors will recoup from the remaining assets of Lehman's main U.S. operations.

Affiliates of other international units of Lehman are separately unwinding their stakes, making the overall headcount even higher.

Related: Still no charges for Wall Street execs five years after crash

The largest debt holders will only get back a fraction of what they're owed. Still, they have recovered much more than many, including Lehman, had expected.

Shortly after Lehman declared bankruptcy, Barclays (BCS) paid $1.3 billion for most of the firm's North American operations, its Times Square headquarters, and about 9,000 employees. Nomura Holdings (NMR) paid roughly $200 million for Lehman's operations in Asia.

And that was just the beginning. Lawyers and bankers for the Lehman estate estimate that creditors will receive roughly $80 billion back against $309 billion in debts as of March 2013. Creditors have already received $47.2 billion in payments.

The rising real estate market has helped Lehman lately. Earlier this year, the estate sold its stake in apartment building operator Archstone for $6.5 billion. The valuation was still a far cry from the $22 billion price tag that Archstone was valued at in 2007, but much higher than estimates since the credit crisis.

Lehman has more than $8 billion in real estate left.

Related: Bailouts: We're almost at break even

It will continue to fight battles in court that could lead to higher recoveries for creditors. Among the big battles, Lehman is still fighting a multi-billion lawsuit against JPMorgan Chase (JPM, Fortune 500) saying that its investment bank forced the company into a rapid fire bankruptcy filing because of its collateral calls.

Lehman's bankruptcy caused pain for its employees and shareholders, but five years later, many players in the saga have found ways to score big payouts.

Some hedge funds, including John Paulson's, have scored big by purchasing Lehman's debt immediately after the bankruptcy filing.

Investment bankers and lawyers have already been well compensated for recovering funds for creditors too. Since 2008, bankers and lawyers working on the bankruptcy have earned $2.2 billion. To top of page

First Published: September 16, 2013: 11:54 AM ET


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IPhone app promotes cleavage staring

Written By limadu on Senin, 09 September 2013 | 23.11

NEW YORK (CNNMoney)

A duo of entrepreneurs from Australia showed off an app called "Titstare," which featured photos of people looking at women's cleavage. Presenting what they had created during a hackathon to an audience of other entrepreneurs and influencers, the duo deemed it the "breast" hack ever.

Another entrepreneur demoed "CircleShake," an app that measures how quickly someone can manually shake his or her phone. As part of the presentation, the hacker pretended to masturbate on stage.

While the audience chuckled and cheered, not everyone was amused.

"There goes my attempt to teach my 9yo girl how welcoming tech industry is to women :/," Silicon Valley startup veteran Richard Jordan posted on Twitter. His daughter was presenting her own hack.

Jordan signed up for the hackathon to encourage his nine year old daughter, Alexandra to pursue her interest in technology. Currently taking online coding classes, she was present for both presentations.

"I felt uncomfortable and I thought if I were a woman, I would have felt tremendously like this is not a group of people that are letting me in," Jordan told CNNMoney.

Related story: Startups have a sexism problem

Had both presentations been met with silence, Jordan said the impact would have been less severe.

"But when they're getting cheers," he said. "It's like the whole room's not with me on this."

TechCrunch editors immediately issued an apology and vowed to screen future presentations ahead of hackathons, banning "sexism or other discriminatory speech."

"Normally our hackathons are a showcase for developers of all stripes to create and share something cool," the AOL-owned (AOL) site posted. "But earlier today, the spirit of our event was marred by misogynistic presentations. Sexism is a major problem in the tech industry, and we've worked hard to counteract it in our coverage and in our hiring."

The conference, which attracts tech titans like Facebook's (FB) Mark Zuckerberg, LinkedIn's (LNKD) Reid Hoffman, Yahoo's (YHOO, Fortune 500) Marissa Mayer and a host of burgeoning startup entrepreneurs has been a launching venue for startups since 2010. Each year, TechCrunch Disrupt kicks off with a hackathon, in which entrepreneurs spend hours building out new tech ideas.

Whether made in jest or not, misogynistic comments are increasingly in focus at tech conferences. In March, two male attendees at software developer conference PyCon made a joke about "big dongles" and "forking," a play on tech terminology. The joke was made public and sparked controversy after developer Adria Richards snapped a photo and posted the image with a caption on Twitter.

One of the developers was fired, and in a bizarre twist, Richards was fired for "publicly shaming the offenders."

Despite the obstacles, Jordan still wants his daughter to pursue her interest in technology. Her presentation, an app to help schedule playdates, made headlines.

"It's all about her having a good experience because at this sort of age, it's the age we lose our young women from the sciences and technology," Jordan said. To top of page

First Published: September 9, 2013: 10:15 AM ET


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Stocks rise as investors keep watching Syria

S&P 500 10:16am

Click chart for more markets data.

NEW YORK (CNNMoney)

Congress returns from recess Monday and will vote on whether to authorize limited military strikes against the Middle Eastern nation.

For more than a week, President Obama has been trying to rally support for military action from members of Congress. This has resulted in more volatility in stocks and oil prices as traders worry about the possible knock-on effects of a strike.

The Dow, S&P 500 and Nasdaq rose between 0.5% and 0.7% in early trading and are up between 14% and 21% for the year. U.S. stocks managed to eke out gains last week -- despite a weaker-than-expected jobs report Friday.

Hiring continued in August, but at a slower pace, which may signal the Federal Reserve will stand pat on its bond-buying program when it meets next week. The Fed has been consistently saying it will not begin tapering until it sees marked improvement in the labor market.

Related: Fear & Greed Index wallows in fear

What's moving: Smithfield Foods (SFD, Fortune 500) and China's Shuanghui International announced after the closing bell Friday that U.S. regulators had cleared Shuanghui's proposed acquisition of the American meat processor.

Facebook (FB) continues to move higher and shares are getting closer to their all-time high of $45.

Shares of Blackberry (BBRY) rose on reports that its largest investor could be considering a buyout of the struggling smartphone company.

Dell (DELL, Fortune 500) shares rose slightly after activist hedge fund manager Carl Icahn said he was giving up his fight for control of the computer maker. That could make it easier for founder Michael Dell and investment firm Silver Lake to take the company private.

Apple (AAPL, Fortune 500) is expected to unveil new iPhones during a Tuesday event. The stock was up more than 1% in mid-morning trading.

Shares of Delta (DAL, Fortune 500) rose more than 6%, following news that the airline would join the S&P 500 after the close of trading Tuesday. It will replace BMC Software (BMC), which is being taken private.

Related: Apple's innovation problem is real

European markets were mixed in afternoon trading, while Asian markets closed with healthy gains.

Japanese stocks hit a one-month high Monday as Tokyo's Olympic win and stronger-than-expected economic data gave investors a double-dose of good news. To top of page

First Published: September 9, 2013: 9:47 AM ET


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SEC considers rule comparing CEO pay with workers

worker pay ratio ellison

Oracle CEO Lawrence Ellison made $96.1 million in 2012, suggesting his company may be among those reporting a large pay gap between his and typical worker pay at Oracle. The SEC is working on a rule forcing all companies to disclose such pay ratios.

WASHINGTON (CNNMoney)

Soon, the SEC might require those companies to say how those salaries compare with the folks who work for them.

Although it's not clear when the SEC will finalize its proposal, the decision is expected soon. After that, it might take another year to implement.

The rule is a result of the Dodd-Frank Wall Street reforms of 2010. But little progress has been made, partly because the rule lacked a deadline and partly because big companies lobbied against it.

"It's long overdue, and of the 400-plus rules from Dodd-Frank, it's the simplest," said Bartlett Naylor, financial policy advocate for Public Citizen, a consumer advocacy group.

Companies say it's not so easy. Nearly two dozen groups and associations -- including those representing the petroleum, retail and financial services industries -- sent a letter to the SEC in 2012 complaining about the "significant hurdles and burdens " of collecting such information. They also say it's not useful to investors.

One big hurdle they complain about: Collecting pay data for employees overseas.

"Companies have no business purpose to collect that information globally," said Tim Bartl, president for the Center on Executive Compensation, which represents top corporate officers at the nation's largest companies.

But proponents of the plan say companies could virtually ignore overseas employees, due to the way the SEC intends to have companies report median employee pay.

The SEC is leaning toward directing companies to take a statistical sample of workers in the middle of the pay scale, Director of Corporation Finance Keith Higgins said in an August speech.

Such statistical sampling would virtually ignore most global employees, because "Chinese workers aren't anywhere near the midpoint," said AFL-CIO Office of Investment chief research analyst Vineeta Anand.

Still, it could be pretty embarrassing for companies.

While median wages aren't known for each company or industry, the average wage for all kinds of U.S. workers was roughly $43,000, according to Bureau of Labor Statistics August data.

That puts Oracle's Ellison's pay at 2,236 times the average worker's pay, Exxon's Tillerson at 936 times the average worker pay and Wal-Mart's Duke at 481 times the average worker pay.

Wal-Mart spokesman Randy Hargrove noted that Duke's compensation is in line with CEOs at similar companies. For example, Target (TGT, Fortune 500) CEO Gregg W. Steinhafel also made $20.6 million.

Neither Hargrove nor Exxon spokesman Alan T. Jeffers would comment on the SEC rule. Oracle didn't return a request for comment. To top of page

First Published: September 9, 2013: 2:45 AM ET


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Apple looks to regain footing in China

HONG KONG (CNNMoney)

The country of 1.3 billion is Apple's largest market outside the United States, but the iPhone maker has stumbled there, losing ground in the smartphone race to rivals that offer cheaper phones sold through the country's most popular wireless carrier.

Apple's sales in China, Hong Kong and Taiwan fell by 14% in the third quarter, a sharp reversal from 8% growth in the prior quarter, and a gain of 67% before that. The lackluster performance puzzled analysts, and even CEO Tim Cook admitted that "it's not totally clear" why sales were so slow in Hong Kong.

"I continue to believe that in the arc of time here, China is a huge opportunity for Apple," Cook said in July. "I don't get discouraged over a 90-day cycle that can have economic factors and other things in it."

Yet Apple (AAPL, Fortune 500) is now looking to reverse the slide, and if the hints leaking out of Cupertino are any indication, the company may announce two significant steps before the week is out.

Apple is expected to unveil a slate of new products Tuesday in California, including the iPhone 5C, which analysts say is likely to cost about $400 and be built with a plastic case. At current prices, the iPhone is considered a luxury item in China, and well beyond the reach of many citizens.

Related story: Apple's innovation problem is real

The company has also scheduled a media event for Wednesday in Beijing -- an unusual step that has sparked speculation about a possible deal with China Mobile.

China Mobile is the world's largest wireless carrier, and Apple has tried unsuccessfully for years to reach an agreement that would bring its iPhones to the telecom's 700 million subscribers.

China Telecom and China Unicom currently offer iPhones to their customers. Between them the two smaller carriers have about 425 million subscribers.

While Apple has said little publicly about a potential China Mobile deal, the Wall Street Journal has reported that Apple is preparing to ship new iPhones to the carrier. The new potential customers and a cheaper phone could help Apple claw back some of the market share it has lost in recent years.

Apple has less than 5% of the Chinese smartphone market, and the iPhone ranks behind Samsung and a host of local brands, including Lenovo, Xiaomi, Huawei and ZTE.

Related story: China's Xiaomi looks abroad

Apple still has plenty of growth potential in China. The company, for example, has only 11 bricks-and-mortar stores in China and Hong Kong -- something Cook is planning to change.

"We are continuing to invest in retail stores here and will open many more over the next several years," Cook said during a January visit to China. "We have some great sites selected, our manufacturing base is here, and we have incredible partners here."

After this week, the CEO might be hoping for a few more customers as well. To top of page

First Published: September 9, 2013: 3:30 AM ET


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Same-sex benefits at conservative Wal-Mart: What gives?

walmart same sex benefits

Wal-Mart will offer benefits to same-sex partners of its workers in January 2014.

NEW YORK (CNNMoney)

It was met with praise from progressive groups and disappointment from the religious right. But it also had some scratching their heads.

That's because Wal-Mart (WMT, Fortune 500) has long been known for taking a conservative stance: It pulled Maxim magazine from its shelves for its revealing content and canceled its order for Jon Stewart's best-selling "America (The Book)" because it featured a fake photo of naked Supreme Court justices. Wal-Mart CEO Mike Duke even signed a petition in 2009 supporting an Arkansas law prohibiting same-sex couples from adopting.

And then, last month, the nation's largest retail store company announced it will offer benefits to same-sex and domestic partners of its workers, at a time when other major companies were doing away with spousal benefits altogether.

Related: Wal-Mart: Where we met and got married

Retail experts say the decision to seemingly veer away from its long-standing conservatism is likely driven by pure business impulses during changing times. After all, research shows that gay and lesbian consumers are a powerful draw, and Wal-Mart cannot afford to ignore an attractive shopper group during tough times. At the same time, it could also work as a good ploy to retain employees.

"It does seem to be a shift to ... keep up with competition and try to re-stimulate sales," said Burt Flickinger III, managing director of grocery and retail consultant Strategic. Resources Group, and Wal-Mart shareholder for more than 30 years.

Lately, Wal-Mart has been in a slump. Same-store sales have dropped for two quarters in a row. And last month, the company cut its sales forecast for the remainder of the year.

As Americans are tightening their grip on purse strings, more and more retailers are paying attention to trends that show same-sex couples either out-earn or outspend opposite sex couples. According to a 2012 study from Experian Marketing Services, the typical household income for a married or partnered lesbian woman is $7,200 higher than that of a married or partnered heterosexual woman, and $21,500 more for a gay man.

At the same time, there's probably not much to lose from its broad shopper-base for coming out with this policy, even if it ruffles feathers on conservative groups like the American Family Association, which said it was "disappointed" with the move. Already, more than half of Americans support same-sex marriage, a sentiment that's even higher among the coveted under-30 consumer.

It's also a way for Wal-Mart to show that it's taking care of its employees, Flickinger said, when its workers are staging nation-wide protests for better pay and benefits.

"It seems like Wal-Mart is working hard to improve its consumer image in a time when its sales are suffering," he said.

Related: DOMA ruling's overlooked benefit: Immigration rights

Despite its overt conservatism, Wal-Mart's internal policies have been in line with most large companies when it comes to protecting and providing resources to its lesbian and gay employees for the last decade, according to Deena Fidas, director of workplace equality programs at the Human Rights Campaign.

Every year, the human rights group rates companies based on policies and practices related to LGBT employees on what it calls the corporate equality index. On the HRC's list of the top 20 Fortune 500 companies, Wal-Mart's rating is fourth to last.

"Their move is a reflection of a business weighing key priorities, keeping pace with competitors and keeping the best employees," she said.

Brooke Buchanan, a Wal-Mart spokeswoman, said that the decision was purely a business one and anyone reading into the move as political is "just wrong." To top of page

First Published: September 9, 2013: 6:00 AM ET


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Taxpayer guide to Obamacare

obamacare signing

President Obama signed the Affordable Care Act into law on March 23, 2010. But its key tax provisions are rolling out over several years.

NEW YORK (CNNMoney)

For the IRS, of course, that means more work.

For individuals and businesses, Obamacare means both new taxes and new tax breaks.

A bunch are intended strictly to raise revenue -- for instance, a new tax on medical device makers. But others are designed to encourage certain behaviors, such as the mandate that individuals buy insurance or pay a penalty.

It's hard to keep track of all the new parts. Some took effect in 2010, when the law was enacted. Others began in 2011, 2012 or this year. Several will hit next year and at least one provision won't kick in until 2018. One, meanwhile, has been delayed a year. The employer mandate, which requires employers with 50 or more full-time workers to provide qualified, affordable health insurance, will now go into effect in 2015.

What's more, even though many of the Obamacare tax changes are permanent, some are temporary, and in a few cases have already expired.

Meanwhile, the rules governing some of them can be complex. High-income taxpayers, for instance, may come to really appreciate their accountants when it comes to figuring out whether a new Medicare tax applies to a portion of their capital gains and dividends.

To help sort through it all, here's a guide to some of the key tax provisions in the health reform law for:

Individuals: The mandate, HSAs, Medical deduction ...

Businesses: Small biz credit, medical device tax, fees on insurers ... To top of page

First Published: September 9, 2013: 7:16 AM ET


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Obamacare tax guide for businesses

irs building washington dc 4.jc

Among the IRS' biggest tasks under Obamacare is to administer a host of new business tax measures and penalties.

NEW YORK (CNNMoney)

Employer mandate: Starting in 2015, a company with at least 50 full-time or "full-time equivalent" employees -- those who work at least 30 hours a week -- will have to make a "shared responsibility" payment if it:

--Does not offer those employees and their dependents an employer-sponsored health plan with minimum essential coverage and if any full-time employees qualify for federal insurance subsidies
--Or it offers such a plan but the plan proves too expensive for some employees who otherwise would qualify for federal subsidies.

Trying to skirt this rule would be hard, even if a company cuts its full-time staff and beefs up its part-time roster, because of how the law counts heads.

For example, a business with 20 part-time employees who each work 96 hours a month would be counted as having 16 full-time equivalents, according to health insurer Cigna. So if the company has 35 or more full-timers on top of that, it would be subject to the mandate.

Related: Taxpayer guide to Obamacare

Health insurance tax credit for small businesses: Through 2015, a company with fewer than 25 full-time employees that pays an average annual wage less than $50,000 can get a tax credit for a percentage of the health insurance premiums it pays for its workers. Tax-exempt small businesses qualify for a smaller credit.

Starting in 2014, however, to claim the credit, a small business must participate in an insurance exchange, according to tax publisher CCH.

A for-profit small business would get a maximum of 50% of its premiums; if it's tax-exempt, it could get up to 35%.

Annual fee for insurance providers: An insurance provider, unless it's a certain type of nonprofit, must pay an annual fee if the net premiums it writes in a year top $25 million.

The fee will be determined by the IRS, but in total the agency must collect $8 billion in 2014; $11.3 billion in both 2015 and 2016; $13.9 billion in 2017 and $14.3 billion in 2018. Thereafter, annual fee revenue will be adjusted for premium growth.

If a provider's premiums are between $25 million and $50 million, the fee will be based on only half of the written premium amount between $25 million and $50 million, said Mark Luscombe, federal tax principle for the tax publisher CCH. If they're over $50 million, the fee will be based on 100% of the premiums over $50 million.

A penalty of at least $10,000 applies to any insurer that fails to meet the deadline for reporting premium data without reasonable cause.

Another penalty applies if an insurance provider understates the written premium amount.

Related: What you need to know about individual tax changes

Annual fee for branded prescription drug makers: Any manufacturer or importer of branded prescription drugs must pay a fee, which will be treated as an excise tax and collected by the IRS. The total fees collected will vary year to year, ranging from $2.8 billion to $4.1 billion going forward.

Excise tax on medical devices: Any manufacturer, producer and importer of certain medical devices must pay a tax equal to 2.3% of the devices' sale price.

Among the devices exempt from the tax are eyeglasses, contact lenses and hearing aids.

Limitations on tax breaks for some insurers and employers: To continue to qualify for a certain deduction, an insurer of large health plans must spend at least 85% of its premium revenue on reimbursement for clinical services. Insurers of plans in the individual and small group market must spend at least 80%.

Also, an insurer may no longer deduct more than $500,000 in compensation for executives and other highly paid employees.

And an employer that provides a prescription drug subsidy for retirees may no longer fully deduct that cost if it receives a federal subsidy for it as well.

Tax on charitable hospitals that don't meet certain requirements: To avoid a $50,000 excise tax and preserve its tax-exempt status, a charitable hospital must formally assess community health needs and create a financial assistance policy.

Fees for a research trust fund: Through 2019, an issuer of certain health insurance policies and large companies that self-insure must pay a fee to support the newly created Patient-Centered Outcomes Research Trust Fund.

For plan years ending after Sept. 30, 2013, and before Oct.1, 2014 the fee is set at $2 times the average number of lives covered during the plan or policy year. Future fees will be adjusted for inflation.

"Cadillac" tax on high-cost plans: Starting in 2018, an insurer of employer-sponsored plans -- or an employer that self-insures its own plan -- will be subject to a 40% excise tax if its plan costs top $10,200 for individual coverage and $27,500 for family coverage. (Thresholds are higher for plans covering retirees and workers in high-risk jobs.)

The tax will apply to the value of the plan above the threshold amounts.

The thresholds in 2018 may be adjusted higher if health care costs rise more than expected. Thereafter they will be adjusted for inflation. To top of page

First Published: September 9, 2013: 7:10 AM ET


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Obamacare tax guide for individuals

irs sign building jc

The Affordable Care Act expanded the IRS' workload in administering provisions related to individuals' health insurance and related expenses.

NEW YORK (CNNMoney)

Individual mandate: Starting in 2014, most Americans will be required to buy minimum essential health insurance coverage. If they don't, they must pay an annual penalty to the IRS, known as a "shared responsibility payment."

The penalty will be equal to a specified dollar amount or a percentage of one's household income, whichever is greater.

It starts at $95 per person or 1% of income in 2014; rises to $325 or 2% of income in 2015; then increases to $695 per adult or 2.5% of income in 2016. Thereafter, the penalty will be adjusted for inflation.

Someone who lacks coverage for only part of the year would only pay part of the penalty. But no penalty is due if someone goes without coverage for fewer than 90 days in a year.

People who earn too little to file tax returns and those for whom insurance would eat up more than 8% of their income are exempt, among others.

Related: Taxpayer guide to Obamacare

Premium tax credit: Starting in 2014, most low- and middle-income Americans who buy health insurance on the new state and federal exchanges will be eligible to receive a federal subsidy to defray the cost of their policy premiums.

Anyone making up to 400% of the poverty line qualifies for a subsidy. In 2014, that means any individual making up to $45,960 or a family of four with household income up to $94,200 is eligible.

The less you make, the bigger your subsidy will be.

Medicare surtax on wages and investment income: The law raised the Medicare tax on wages and subjects investment income to a Medicare tax for the first time.

But the changes only affect high-income households.

They will owe another 0.9% on their earned income over $200,000 ($250,000 if married). That's on top of the 1.45% Medicare tax that they currently pay on all of their wages.

For those making more than $200,000 ($250,000 if married) and who have investment income, they also may be subject to a 3.8% tax on at least a portion of their capital gains and dividends.

(Here's more on how the Medicare tax increases will work.)

Higher medical deduction threshold: As a result of the Affordable Care Act, tax filers now may only deduct medical expenses that exceed 10% of their adjusted gross income. Previously, the threshold was 7.5% of AGI.

The new 10% threshold will not apply to people 65 and older until 2016.

Higher penalty on nonqualified Health Savings Account distributions: Any distributions taken from one's Health Savings Account and spent on something other than qualified medical expenses are now subject to a 20% tax, up from 10% previously. That's on top of any ordinary income tax due as a result of adding that distribution back to one's gross income.

For those taking nonqualified distributions from Archer Medical Savings Accounts, the tax increased to 20% from 15%.

Both types of plans require the account holder to purchase high-deductible insurance. They also allow for tax-advantaged contributions to and withdrawals from an investment account.

Related: What businesses need to know about tax changes

Tanning tax: The ACA created a 10% excise tax on indoor tanning services that went into effect in 2010. But there are exceptions. It doesn't apply to "spray-on tanning services, topical creams and lotions or to phototherapy services performed by a licensed medical professional on his or her premises," according to the IRS.

Nor does it apply to "qualified physical fitness facilities" that offer tanning as a service to its members without charging a specific fee.

Lower limit on contributions to tax-advantaged health accounts: The amount that workers may contribute to their flexible spending accounts has been reduced to $2,500, down from $5,000. It will be adjusted for inflation going forward.

The ACA also changed the reimbursement rules for some medical expenses. To top of page

First Published: September 9, 2013: 7:12 AM ET


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