Using Your Retirement Accounts for Private Lending. American IRA, LLC

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1 Using Your Retirement Accounts for Private Lending American IRA, LLC

2 Declare independence from Wall Street! Self-directed IRAs and other retirement accounts let you take personal control of your assets. YES! You Can Operate as a Private Lender Within Your IRA and Other Retirement Accounts! When most people think of what assets they can hold within an IRA, Roth IRA, 401(k), SEP or other retirement account, they limit their thinking to stocks, bonds, mutual funds and money markets. But you aren t limited to those conventional assets. Indeed, provided you adhere to a few basic rules, you can invest in nearly any asset you can imagine - including a portfolio of private loans that you control, directly! How? By using an investment vehicle called a self-directed retirement account. You sign off on each individual loan,. Why Private Lending? Private lending using your retirement account gives you a taxadvantaged method for participating in a variety of potentially lucrative markets that the average investor may not even be aware of. You can declare your independence from Wall Street and its massive expenses, while taking more direct control of your own retirement nest egg. Furthermore, many types of loans earn interest rates that just aren t readily available in the more conventional bond markets, because of the greater perceived risk. If you have a self-directed IRA, 401(k), SEP or other retirement plan, however, it s easy to invest in areas with higher yields but that are not closely correlated with other investments. Examples include: Mortgages Auto loans Private placements Accounts Receivable Hard money lending Small-business loans Discounted notes, Unsecured loans Asset-based lending Commercial lending...and much more! The sky s the limit, and you are in control. Roll Over to a Self- Directed Account If you currently have a 401(k) from a former workplace, or even if you are still working there and your plan allows for inservice withdrawals, you can execute a tax-free rollover from a 401(k) to a self-directed 401(k) or IRA that allows you to invest in private lending. Advantages In some ways, these interestbearing assets are the ideal IRA, 401(k) or SEP investments: The traditional form of the IRA allows you to shelter all the income generated from income taxation. In the case of Roth IRAs, the income generated and all capital growth is free of federal income tax, provided the money has been in the Roth account for at least 5 years and you are at least 59 1/2 yrs. old. These assets may be especially suited for those who have opportunities in this market but who do not want to invest the time and energy that real estate investing involves.

3 Self-directing your retirement assets enables individual investors to sidestep Wall Street fees and conflicts of interest, while focusing the portfolio on the investor s core competencies. Why Consider Self- Direction? It s more important than ever to create retirement income that s independent of the government. Here are a few reasons why: People are living longer. The number of centenarians is doubling every dozen years or so throughout the developed world. Chances are excellent that by the time you and your spouse reach your golden years, your retirement savings will need to provide 25 to 30 years worth of income. That s like making up for an entire career between the ages of 65 and 95! Social Security is in trouble. Current projections forecast that the Social Security trust fund will be exhausted by To pay guaranteed benefits, Congress will need to draw more and more funding out of general revenue on the backs of a shrinking tax base. The funding needed to keep up current payouts simply isn t there; something has to give. Chances are excellent that Congress will eventually pass significant cuts, in one of two ways: raising the retirement age or means testing. All of our clients need to be prepared; private savings in retirement accounts are critical. Interest rates and dividend yields are near historic lows. Returns on investment in stocks and bonds and by extension, mutual funds are also way down. This makes accumulating retirement money with these conventional financial instruments much more difficult than it was a generation ago. Low interest rates and stock dividends mean it s tougher than ever to amass a sufficient nest egg with conventional IRA investments. That s where self-direction comes in. Traditional pension plans are going the way of the dinosaur. The current workforce cannot rely on pension plans like previous generations did. Fortunately, many investors have learned the advantages of investing in a selfdirected retirement account. The process of purchasing and selling assets is the same inside and outside the IRA the only difference is that an asset owned by an IRA must be vested in the IRA s name. The other advantage is that assets inside an IRA are taxdeferred or tax-free depending on the IRA type. A self-directed IRA combines the advantages of tax deferral (and in the case of Roth IRAs, tax-free growth) with the entrepreneurial and alternative investment opportunities normally associated with fully-taxable accounts. You Are In Charge. With self-direction, the choice is yours! You are free to pursue a much broader and more flexible asset allocation strategy. Investing a portion of your retirement portfolio in niche areas of the credit world, you may be able to extract extra yield from your portfolio. At the same time, because these assets have low overall correlation to other elements of most retirees portfolios, you may actually find you can reduce your overall volatility even while adding these riskier And finally, Self-direction allows you to focus on your personal area of expertise.

4 Adhering to these rules concerning prohibited transactions is critical. Failure to abide by them can result in your entire IRA being disallowed. Rules and Requirements While IRAs are tremendously flexible vehicles, they do have limits. IRS rules place certain restrictions on the kinds of transactions you can make within IRAs and who you can make them with. In order to ensure the preservation of the preferential tax treatment your IRAs enjoy, it s critical to have experienced professionals on your side; otherwise you could inadvertently make a prohibited transaction or distribution - which could result in the loss of all the tax advantages of your retirement account and possible immediate tax liability: You may not lend to or borrow from your IRA. Nor may any prohibited individual, defined as your spouse, either of your descendants or ascendants, any professional advising you on your IRA or other relevant retirement account. The same goes for any entities these individuals may hold or control. Your IRA may not purchase/sell any assets whatsoever from/to you, nor from or to any of the prohibited counterparties listed above. You may not invest in any assets prohibited by the IRS. For example, you can t own jewelry, art, collectibles, unauthorized forms of gold, silver or platinum coin or bullion, life insurance or alcoholic beverages within your IRA. You also cannot buy property that was previously owned by prohibited persons or entities, as specified above. This also means you can t use a straw buyer as an intermediary to create a backdoor prohibited transaction. You may not take personal possession or make personal use of property in your IRA or other retirement account. You must pay any asset expenses from funds within the IRA. You may not intervene with your own funds beyond the allowable contribution each year (see our Website), plus any allowable rollovers from other accounts. You may not pledge your IRA as collateral for any loan outside of the IRA. You may not lend to or borrow from your IRA. Nor may any prohibited individual or entity make a loan to or borrow from your IRA. The same goes for other types of self-directed accounts, too. Leverage Your IRA or other self-directed account may borrow money from a bank or other lender and use that money to conduct transactions. This is common within real estate IRAs, for example. It us also possible to borrow money for your IRA to lend. This practice may magnify your returns on invested capital. But it also magnifies risk as well. The more borrowed funds you lend out, the more painful a default may be for you. In the event of a loss, the entire loss must be absorbed within your self-directed retirement account, including allowable new contributions. You cannot bail out your self-directed IRA or other account with cash from your taxable investments, except within very specific limits described by law. To do so risks having the entire tax-advantaged account disallowed by the IRS, and immediate tax liability and penalties. Note: When in doubt as to whether or not your investment is in compliance, You should always consult a professional before proceeding.

5 Getting started is easy. American IRA works with your existing advisors. You just tell us what you want to buy and sell and we execute! Considerations for Lenders It is important to note that the retirement account is the owner of the note and thus must receive all interest and payments derived from the asset. You cannot take any income from the notes out of the IRA without triggering a distribution, which may involve income taxes and penalties. All income must be reinvested within the IRA. Furthermore, keep the following principles in mind:! The payments must come to American IRA, LLC, which will receive and credit them on behalf of your IRA. Interest payments should not come to you personally, lest you inadvertently trigger an unwanted taxable distribution.! Once funds have been received by American IRA, LLC you can direct us to personally distribute funds to you.! You may not use any assets your IRA has made a loan on, nor may any prohibited persons (including but not limited to: real estate, car loans, equipment loans, etc.). You may not utilize real property for your personal or prohibited person s benefit. You may not utilize equipment you have loaned money on for yourself nor your prohibited persons s benefit. You may not finance a vehicle or other rolling stock for yourself nor for your prohibited persons.! Mortgage origination must comply with all state and federal servicing and lending requirements.! American IRA, LLC does not handle collections. If you have a delinquent borrower or tenant, you and your attorney must handle collection actions, litigation, foreclosures, or evictions. We will, however, gladly provide you with any documentary evidence we have on file that you need to support your case.! If you lend money in the form of mortgages, remember that every mortgage borrower is entitled to receive an IRS Form 1098 from you each year. You are responsible for issuing these 1098s. All payments received from interest, rent, or any other source need to be accompanied by a deposit coupon prior to the funds being deposited into your IRA s cash account. Other Options As we mentioned, you aren t limited to self-directing IRA accounts. See our other brochures in this series for information on how you can take personal control of the assets in your solo 401(k) plan, Roth IRA, SEP, SIMPLE IRA, and even in your Health Savings Account! About American IRA American IRA, LLC, with offices in Asheville and Charlotte, North Carolina, specializes in providing third-party administrator (TPA) services for owners of selfdirected retirement accounts, including IRAs, Solo 401(k)s, SEPs, SIMPLE IRAs and others. Founder James Hitt has decades of experience in real estate transactions and in self-directed retirement investing. Our low set fees allow you to minimize expenses and maximize the overall returns in your selfdirected IRA. We only charge for services that you actually use, rather than as a percentage of your total assets. All cash is deposited in an FDIC-insured account when not committed to other assets.

6 Self-Directing your IRA Investments gives you...! More choices! More diversification! Potentially higher income/yields! More control! Freedom to focus on your areas of expertise! Personal satisfaction, for those who enjoy managing their own money Declare Independence from Wall Street! To find out more, or for a detailed consultation, call us today at IRA (472). Notice: American IRA, LLC is a third-party administrator and does not give legal, accounting, tax, investing or other specific advice. For information and advice specific to your individual situation, you should seek the services of qualified and licensed professionals practicing in your state. Artwork used by permission courtesy of American IRA, LLC. 137 Broad Street, Asheville, NC P: IRA (472)

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