Alternative Trading System (ATS) Definition, Regulation

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Alternative Trading System (ATS) Definition, Regulation

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What Is an Alternative Trading System (ATS)?

An alternative trading system (ATS) is a trading venue that is more loosely regulated than an exchange. ATS platforms are often used to match large buy and sell orders among its subscribers. The most widely used type of ATS in the United States are electronic communication networks (ECNs)—computerized systems that automatically match buy and sell orders for securities in the market.

Key Takeaways

  • Alternative trading systems (ATS) are venues for matching large buy and sell transactions.
  • They are not as highly regulated as exchanges.
  • Examples of ATS include dark pools and ECNs.
  • SEC Regulation ATS establishes a regulatory framework for these trading venues.

Understanding an Alternative Trading System (ATS)

ATS account for much of the liquidity found in publicly traded issues worldwide. They are known as multilateral trading facilities in Europe, ECNs, cross networks, and call networks. Most ATS are registered as broker-dealers rather than exchanges and focus on finding counterparties for transactions.

Alternative trading system (ATS) is the terminology used in the U.S. and Canada. In Europe, they are known as multilateral trading facilities.

Unlike some national exchanges, ATS do not set rules governing the conduct of subscribers or discipline subscribers, other than by excluding them from trading. They are important in providing alternative means to access liquidity.

Institutional investors may use an ATS to find counterparties for transactions, instead of trading large blocks of shares on national stock exchanges. These actions may be designed to conceal trading from public view since ATS transactions do not appear on national exchange order books. The benefit of using an ATS to execute such orders is that it reduces the domino effect that large trades might have on the price of an equity.

Between 2013 and 2015, ATS accounted for approximately 18% of all stock trading, according to the Securities and Exchange Commission (SEC). That figure represented an increase of more than four times from 2005.

Criticisms of Alternative Trading Systems (ATS)

These trading venues must be approved by the SEC. In recent years, regulators have stepped up enforcement actions against ATS for infractions such as trading against customer order flow or making use of confidential customer trading information. These violations may be more common in ATS than national exchanges because ATS face fewer regulations.

Dark Pools

A hedge fund interested in building a large position in an equity may use an ATS to prevent other investors from buying in advance. ATS used for these purposes may be referred to as dark pools.

Dark pools entail trading on ATS by institutional orders executed on private exchanges. Information about these transactions is mostly unavailable to the public, which is why they are called “dark.” The bulk of dark pool liquidity is created by block trades facilitated away from the central stock market exchanges and conducted by institutional investors (primarily investment banks).

Although they are legal, dark pools operate with little transparency. As a result, dark pools, along with high-frequency trading (HFT), are oft-criticized by those in the finance industry; some traders believe that these elements convey an unfair advantage to certain players in the stock market.

Regulation of Alternative Trading Systems (ATS)

SEC Regulation ATS established a regulatory framework for ATS. An ATS meets the definition of an exchange under federal securities laws but is not required to register as a national securities exchange if the ATS operates under the exemption provided under Exchange Act Rule 3a1-1(a). To operate under this exemption, an ATS must comply with the requirements in Rules 300-303 of Regulation ATS.

To comply with Regulation ATS, an ATS must register as a broker-dealer and file an initial operation report with the Commission on Form ATS before beginning operations. An ATS must file amendments to Form ATS to provide notice of any changes to its operations, and must file a cessation of operation report on Form ATS if it closes. The requirements for filing reports using Form ATS is in Rule 301(b)(2) of Regulation ATS. These requirements include mandated reporting of books and records.

In recent times, there have been moves to make ATS more transparent. For example, the SEC amended Regulation ATS to enhance “operational transparency” for such systems in 2018. Among other things, this entails filing detailed public disclosures to inform the general public about potential conflicts of interest and risks of information leakage. ATS are also required to have written safeguards and procedures to protect subscribers’ trading information.

The SEC formally defines an alternative trading system as “any organization, association, person, group of persons, or systems (1) that constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange within the meaning of Rule 3b-16 under the Exchange Act; and (2) that does not (i) set rules governing the conduct of subscribers other than the conduct of such subscribers’ trading on such organization, association, person, group of persons, or system, or (ii) discipline subscribers other than by exclusion from trading.”

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After-Tax Contribution: Definition, Rules, and Limits

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Account Balance Defined and Compared to Available Credit

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What Is an After-Tax Contribution?

An after-tax contribution is money paid into a retirement or investment account after income taxes on those earnings have already been deducted. When opening a tax-advantaged retirement account, an individual may choose to defer the income taxes owed until after retiring, if it is a traditional retirement account, or pay the income taxes in the year in which the payment is made, if it is a Roth retirement account.

Some savers, mostly those with higher incomes, may contribute after-tax income to a traditional account in addition to the maximum allowable pre-tax amount. They don’t get any immediate tax benefit. This commingling of pre-tax and post-tax money takes some careful accounting for tax purposes.

Key Takeaways

  • After-tax contributions can be made to a Roth account.
  • Typically funding a 401(k) is done with pre-tax dollars out of your paycheck.
  • If you think you will have a higher income after retirement, contributing to a Roth may make sense.
  • The 2022 annual limit on funding an IRA is $6,000 per year if under 50 years of age ($6,500 for 2023).
  • There is an income threshold for being eligible to contribute to a Roth IRA account.

Understanding After-Tax Contributions

In order to encourage Americans to save toward their retirement years, the government offers several tax-advantaged retirement plans such as the 401(k) plan, offered by many companies to their employees, and the IRA, which anyone with earned income can open through a bank or a brokerage.

Most, but not all, people who open a retirement account can choose either of two main options:

  • The traditional retirement account allows its owner to put “pre-tax” money in an investment account. That is, the money is not subject to income tax in the year it is paid in. The saver’s gross taxable income for that year is reduced by the amount of the contribution. The IRS will get its due when the account holder withdraws the money, presumably after retiring.
  • The Roth account is the “after-tax” option. It allows the saver to pay in money after it is taxed. That is more of a hit to the person’s immediate take-home income. But after retirement, no further taxes are owed on the entire balance in the account. The Roth 401(k) option (referred to as a designated Roth option) is newer, and not all companies offer them to their employees. Earners above a set limit are not eligible to contribute to a Roth IRA account.

Post-Tax or Pre-Tax?

The post-tax Roth option offers the attraction of a retirement nest egg that is not subject to further taxes. It makes the most sense for those who believe they may be paying a higher tax rate in the future, either because of their expected retirement income or because they think taxes will go up.

In addition, money contributed post-tax can be withdrawn at any time without a fat IRS penalty being imposed. (The profits in the account are untouchable until the account holder is 59½.)

On the downside, the post-tax option means a smaller paycheck with every contribution into the account. The pre-tax or traditional option reduces the saver’s taxes owed for the year the contributions are made, and it is a smaller hit to current income.

The downside is, withdrawals from this type of retirement fund will be taxable income, whether it’s money that was paid in or profits the money earned.

After-Tax Contributions and Roth IRAs

A Roth IRA, by definition, is a retirement account in which the earnings grow tax-free as long as the money is held in the Roth IRA for at least five years. Contributions to a Roth are made with after-tax dollars, and as a result, they are not tax-deductible. However, you can withdraw the contributions in retirement tax-free.

Both post-tax and pre-tax retirement accounts have limits on how much can be contributed each year:

  • The annual contribution limit for both Roth and traditional IRAs is $6,000 for tax year 2022 (increasing to $6,500 in 2023). Those aged 50 and over can deposit an additional catch-up contribution of $1,000.
  • The contribution limit for Roth and traditional 401(k) plans is $20,500 for 2022 (increasing to $22,500 in 2023), plus $6,500 for those age 50 and above.

If you have a pre-tax or traditional account, you will have to pay taxes on money withdrawn before age 59½, and the funds are subject to a hefty early withdrawal penalty.

Early Withdrawal Tax Penalty

As noted, the money deposited in a post-tax or Roth account, but not any profits it earns, can be withdrawn at any time without penalty. The taxes have already been paid, and the IRS doesn’t care.

But if it’s a pre-tax or traditional account, any money withdrawn before age 59½ is fully taxable and subject to a hefty early withdrawal penalty.

An account holder who changes jobs can roll over the money into a similar account available at the new job without paying any taxes. The term “roll over” is meaningful. It means that the money goes straight from account to account and never gets paid into your hands. Otherwise, it can count as taxable income for that year.

Special Considerations

As noted above, there are limits to the amount of money that a saver can contribute each year to a retirement account. (Actually, you can have more than one account, or a post-tax and a pre-tax account, but the total contribution limits are the same.)

Withdrawals of after-tax contributions to a traditional IRA should not be taxed. However, the only way to make sure this does not happen is to file IRS Form 8606. Form 8606 must be filed for every year you make after-tax (non-deductible) contributions to a traditional IRA and for every subsequent year until you have used up all of your after-tax balance.

Since the funds in the account are separated into taxable and non-taxable components, figuring the tax due on the required distributions is more complicated than if the account holder had made only pre-tax contributions.

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3-2-1 Buydown Mortgage

Written by admin. Posted in #, Financial Terms Dictionary

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A 3-2-1 buydown mortgage is a type of loan that starts out with a low interest rate and rises over the next several years until it reaches its permanent rate.

Here is how 3-2-1 buydown mortgages work and how to decide if one is right for you.

Key Takeaways

  • With a 3-2-1 buydown mortgage, the borrower pays a lower interest rate over the first three years in return for an up-front payment to the lender.
  • The interest rate is reduced by 3% in the first year, 2% in the second year, and 1% in the third year. For example, a 5% mortgage would charge just 2% in year one.
  • After the buydown period ends, the lender will charge the full interest rate for the remainder of the mortgage.
  • Buydowns are often used by sellers, including home builders, as an incentive to help buyers afford a property.

How 3-2-1 Buydown Mortgages Work

A buydown is a mortgage-financing technique that allows a homebuyer to obtain a lower interest rate for at least the first few years of the loan, or possibly its entire life, in return for an extra up-front payment. It is similar to the practice of buying discount points on a mortgage in return for a lower interest rate.

Either the homebuyer/borrower or the home seller may cover the costs of the buydown.

In general, 3-2-1 buydown loans are available only for primary and secondary homes, not for investment properties. The 3-2-1 buydown is also not available as part of an adjustable-rate mortgage (ARM) with an initial period of fewer than five years.

In a 3-2-1 buydown mortgage, the loan’s interest rate is lowered by 3% in the first year, 2% in the second year, and 1% in the third year. The permanent interest rate then kicks in for the remaining term of the loan. In a 2-1 buydown, by contrast, the rate is lowered by 2% during the first year, 1% in the second year, and then goes to the permanent rate after the buydown period ends.

Pros and Cons of a 3-2-1 Buydown Mortgage

A 3-2-1 buydown mortgage can be an attractive option for homebuyers who have some extra cash available at the outset of the loan, as well as for home sellers who need to offer an incentive to facilitate the sale of their homes.

It also can be advantageous for borrowers who expect to have a higher income in future years. Over the first three years of lower monthly payments, the borrower can also set aside cash for other expenses, such as home repairs or remodeling.

When the loan finally resets to its permanent interest rate, borrowers have the certainty of knowing what their payments will be for years to come, which can be useful for budgeting. A fixed-rate 3-2-1 buydown mortgage is less risky than the above-mentioned ARM or a variable-rate mortgage, where rising interest rates could mean higher monthly payments in the future.

A potential downside of a 3-2-1 buydown mortgage is that it may lull the borrower into buying a more expensive home than they will be able to afford once their loan reaches its full interest rate. Borrowers who assume that their income will rise in line with future payments could find themselves in too deep if their income fails to keep pace.

Examples of Subsidized 3-2-1 Buydown Mortgages

In many situations, the up-front costs of a 3-2-1 buydown will be covered by someone other than the homebuyer. For example, a seller might be willing to pay for one to seal the deal. In other cases, a company moving an employee to a new city might cover the buydown cost to ease the expense of relocation. More commonly, real estate developers will offer buydowns as incentives to potential buyers of newly built homes.

Is a 3-2-1 Buydown Mortgage Right for Me?

If you will need to pay for the buydown on your own, then the key question to ask yourself is whether paying the cash up front is worth the several years of lower payments that you’ll receive in return. You might, for example, have other uses for that money, such as investing it or using it to pay off other debts with higher interest rates, like credit cards or car loans. If you have the cash to spare and don’t need it for anything else, then a 3-2-1 buydown mortgage could make sense.

As mentioned earlier, however, it can be risky to go with a 3-2-1 buydown mortgage on the assumption that your income will rise sufficiently over the next three years so that you’ll be able to afford the mortgage payments when they reach their maximum. For that reason, you’ll also want to consider how secure your job is and whether unforeseen circumstances could come along that would make those payments unmanageable.

The question is easier to answer when someone else is footing the bill for the buydown. In that case, you’ll still want to ask yourself whether those maximum monthly payments will be affordable when the time comes—or whether the enticingly low initial rates could be leading you to buy a more expensive home and take on a bigger mortgage than makes sense financially. You’ll also want to make sure that the home is fairly priced in the first place and that the seller isn’t padding the price to cover its buydown costs.

These are questions that only you can answer, but you may find this Investopedia article on How Much Mortgage Can You Afford? helpful.

FAQs

What Is a 3-2-1 Buydown Mortgage?

A 3-2-1 buydown mortgage is a type of loan that charges lower interest rates for the first three years. In the first year, the interest rate is 3% less; in the second year, it’s 2% less; and in the third year, it’s 1% less. After that, the borrower pays the full interest rate for the remainder of the mortgage. For example, with a 5%, 30-year mortgage, the interest rate would be 2% in year one, 3% in year two, 4% in year three, and 5% for the remaining 27 years.

What Does a 3-2-1 Buydown Mortgage Cost?

The cost of a 3-2-1 buydown mortgage can vary from lender to lender. Generally, the lender will at least want the cost to cover the income that it is forgoing by not charging the borrower the full interest rate from the start.

Who Pays for a 3-2-1 Buydown Mortgage?

Either the buyer/borrower or the home seller can pay for a buydown mortgage. In the case of a 3-2-1 buydown mortgage, it is often a seller, such as a home builder, who will cover the cost as an incentive to potential buyers. Employers will sometimes pay for a buydown if they are relocating an employee to another area and want to ease the financial burden.

Is a 3-2-1 Buydown Mortgage a Good Deal?

A 3-2-1 buydown mortgage can be a good deal for the homebuyer, particularly if someone else, such as the seller, is paying for it. However, buyers need to be reasonably certain that they’ll be able to afford their mortgage payments once the full interest rate kicks in. Otherwise, they could find themselves stretched too thin—and, in a worst-case scenario, even lose their homes.

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What is a 2-1 Buydown Loan and How do They Work

Written by admin. Posted in #, Financial Terms Dictionary

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A 2-1 buydown is a mortgage agreement that provides for a low interest rate for the first year of the loan, a somewhat higher rate for the second year, and then the full rate for the third and later years.

Key Takeaways

  • A 2-1 buydown is a type of financing that lowers the interest rate on a mortgage for the first two years before it rises to the regular, permanent rate.
  • The rate is typically two percentage points lower during the first year and one percentage point lower in the second year.
  • Sellers, including home builders, may offer a 2-1 buydown to make a property more attractive to buyers.
  • 2-1 buydowns can be a good deal for homebuyers, provided that they will be able to afford the higher monthly payments once those begin.

How 2-1 Buydowns Work

A buydown is a real estate financing technique that makes it easier for a borrower to qualify for a mortgage with a lower interest rate. That lower rate can last for the duration of the mortgage (as is often the case when borrowers pay extra points up front to the lender) or for a particular period of time. A 2-1 buydown is one kind of temporary buydown, in this case lasting for two years.

In a 2-1 buydown, the interest rate will increase from one year to the next until it settles into its permanent rate in year three. To make up for the interest that they won’t be receiving in those early years, lenders will charge an additional fee.

Either a homebuyer or a home seller can pay for a buydown. That payment may be in the form of mortgage points or a lump sum deposited in an escrow account with the lender and used to subsidize the borrower’s reduced monthly payments.

Sellers, including home builders, often use 2-1 buydowns as an incentive for potential purchasers.

Example of a 2-1 Buydown Mortgage

Suppose a real estate developer is offering a 2-1 buydown on its new homes. If the prevailing interest rate on 30-year mortgages is 5%, a homebuyer could get a mortgage that charged just 3% in the first year, then 4% in the second year, and 5% after that.

If the homebuyer took out a $200,000, 30-year mortgage, for example, then their monthly payments during the first year would be $843. In the second year, they would pay $995. After the end of the second year, their monthly payment would rise to $1,074, where it would stay for the remainder of the mortgage.

2-1 Buydown Pros and Cons

For home sellers, a 2-1 buydown can help them by making it easier and sometimes faster for them to sell their homes for a good price. The downside, of course, is that it comes at a cost, which ultimately reduces how much they will net from the sale.

For homebuyers, a 2-1 buydown has several potential benefits. For one thing, it can help them afford a larger mortgage and a more expensive home than they might otherwise qualify for. For another, it buys them some time before their mortgage payments rise to the full amount, which can be helpful if their income is also rising from year to year.

The downside for homebuyers is the risk that their income won’t keep pace with those increasing mortgage payments. In that case, they might find themselves stretched too thin and even have to sell the home.

When to Use a 2-1 Buydown

Home sellers may want to consider offering (and paying for) a 2-1 buydown if they’re having difficulty selling and need to provide an incentive to find a buyer.

Borrowers may benefit from a buydown if it allows them to buy the home they want at a price they can afford. However, they will also want to consider what would happen if their income doesn’t rise fast enough to keep up with their future monthly payments.

Buyers should also make sure that they are getting a fair deal on the home in the first place. That’s because some sellers might increase the home’s price to make up for the cost of the 2-1 buydown.

Note that buydowns may not be available under some state and federal mortgage programs or from all lenders. A 2-1 buydown is available on fixed-rate Federal Housing Administration (FHA) loans, but only for new mortgages and not for refinancing. Terms can also vary from lender to lender.

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