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1 Presented by: 1

2 Presented by: DMITRIY FOMICHENKO President Sense Financial Services LLC Sense Financial Services LLC is not a fiduciary and does not provide legal, tax, investment, accounting or other professional advice. If legal, tax, investment, accounting or other expert assistance is needed please use services of competent professional.

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5 Helping Clients Protect and Obtain Control over Their Retirement Accounts

6 Your Options Self-Directed IRA Self-Directed Solo 401(k) (w/checkbook control)

7 What is a Self-Directed IRA? A Tax Deferred Trust Account Held with IRS Approved Custodian Allows you to invest in non-traditional assets Majority of population not aware of SD IRA existence Created by Federal Law in 1974 Benefit Americans saving for retirement under IRC Section

8 Conventional Retirement Account vs. Self-Directed IRA/401k Conventional Controlled by a custodian who only allows investments in: Stocks Bonds Mutual funds Self-Directed You control investments: Residential Real Estate Tax Liens & Tax Deeds Real Estate Options Mortgage Notes & Trust Deeds Businesses & Partnerships International Real Estate Private Businesses Hard Money Loans (Become a bank) Stock & Mutual Funds

9 Jason Tallahassee, FL Before: IRA & 401(k) valued $135,000 -Loosing money in the stock market -Concerned about government confiscation Contacted Sense Financial Rental After: Investments w/ultimate Retirement Plan: Total cash flow ~ $1,200/mo Manufacturing business RE Note (bank)

10 What is a Solo 401(k)? IRC Section 401 defined as retirement savings trust Designed for a self employed individual or small business owners HAVING BUSINESS W/FULL TIME EMPLOYEES IS THE ONLY THING THAT COULD DISQUALIFY YOU Is not a new type of plan (Traditional 401(k) plan covering owner & spouse) Increased interest in these plans is a result of the EGTRRA tax law change that became effective in 2002 The law change made many current benefits of the Solo 401k possible!

11 Solo 401(k) Eligibility 1. The presence of self-employment activity (any type, shape or form) 2. The absence Doctor of full time employees (>1,000 h/yr) Attorney HAVING Property BUSINESS Manager W/FULL (even if TIME you manage EMPLOYEES IS THE ONLY THING THAT COULD DISQUALIFY YOU your own property) Network Marketing Business IT consultant Registered Nurse receiving 1099 income Flipper Wholesaler Day Trader Contractor Independent consultant Reselling items on ebay etc, etc, etc...

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13 High Contribution Limits Solo 401k contribution consists of two parts: 1. Employee Salary Deferral Up to $17,500 per year $5,500 catch up contribution Up to 100% of SE earnings Pre-tax or after-tax (Roth) 2. Employer Profit Sharing Up to 25% of SE compensation 20% in the case of a sole proprietorship or single member LLC Must be made in pre tax dollars Total Limit The sum of both = $52,000 per year ($57,500 if over 50)

14 Solo 401(k) Loan Feature Borrow up to either $50,000 or 50% of the account value - whichever is less. Loan term - amortized over 5 Years Payments monthly or quarterly Interest Rate Prime +1% Can be used for ANY purpose Access up to $50,000 without taxes and penalties Invest in a transaction that would otherwise be a Prohibited Create your own bank that will never turn you down NOT available with a Self Directed IRA

15 Roth Contributions No income restriction for Roth-type contribution (vs. Roth IRA) Limit $17,500 + $5,500 Catch-up (Roth IRA $6,500) All income and gains are tax free! Must be opened at least 5 years and distribution must be after the age of 59 ½ Roth Conversion

16 Any local bank or credit union No custodian is required: Cost Effective/ Checkbook Control Eliminate custodian fees forever Eliminate red tape & delays You serve as Trustee of your 401(k) Plan: You are in control Act quickly Easy to operate: No annual filing requirement ($250,000 threshold) Short Form 5500 EZ

17 Exemption from UDFI Unrelated Debt Financed Income ( UDFI ) UBTI tax rates at approximately 35% Triggered by leveraged real estate in an IRA A Solo 401(k) plan is exempt from UDFI Tax Tax efficient solution for leveraged RE

18 Combine Multiple Accounts Qualified Rollovers/Transfers from: Traditional IRA SEP IRA Simple 401(k) 457, 403b, etc. }( In-Service Distribution ) Previous employer Profit Sharing, Keogh, Pension plans Roth IRA is the only exception

19 Unlimited Investment Options Residential/Commercial Real Estate Tax Liens & Tax Deeds Real Estate Options Mortgage Notes & Trust Deeds Businesses & Partnerships International Real Estate Private Businesses Hard Money Loans (Become a bank) Stock & Mutual Funds

20 Can I Finance Real Estate Inside of My IRA/401k Can t provide personal guarantee Loan must be non-recourse Property is the only security 30-50% down Property must cash-flow Must have cash reserves Will trigger UDFI tax for IRA Select banks/private lenders

21 Prohibited Investments The IRC 4975 Prohibited Transaction Rules Collectables S-Corp.

22 Disqualified Person The IRC 4975 Prohibited Transaction Rules Plan participant and his/her spouse Ancestors or lineal descendants and their spouses Entities in which Disqualified Person holds a controlling equity or management interest Examples Exceptions: Brother/Sister Cousin Aunt/Uncle Friend

23 Prohibited Transactions (cont.) The IRC 4975 Prohibited Transaction Rules Solo 401(k) Plan prohibited transactions are listed in IRC Section 4975; prohibited transactions are any direct or indirect: Sale or exchange, or leasing, of any property between a plan and a "Disqualified Person ; Lending of money or other extension of credit between a plan and a "Disqualified Person ; Furnishing of goods, services, or facilities between a plan and a Disqualified Person ; Transfer to, or use by or for the benefit of, a disqualified person of the income or assets of a plan; Act by a Disqualified Person who is a fiduciary whereby he deals with the income or assets of a plan in his own interests or for his own account; or Receipt of any consideration for his own personal account by any Disqualified Person who is a fiduciary from any party dealing with the plan in connection with a transaction involving the income or assets of the plan.

24 24 Common Prohibited Transactions Engaging in a transaction directly or indirectly with a Disqualified Person Purchase of Property for or from a "Disqualified Person Using the 401(k) Plan as security for a loan Guaranteeing a loan to your 401(k) Plan Loans between the 401(k) Plan and a "Disqualified Person Selling personal assets to the 401(k) Plan Investment in business in which Plan Participant or other Disqualified Person already has 50% or more ownership Receiving any consideration for your own personal account in connection with a transaction involving the income or assets of the Plan Being Compensated for any services performed for or on behalf of the Solo 401(k) Plan Comingling of funds between the Plan and Plan Participant s personal accounts

25 How it Works? 1. Adoption Active Business adopts the Plan 2. Solo 401(k) Qualified, Self-Directed Plan & Trust is Created 4. Investment As Trustee of the Plan you have Checkbook Control and make investments 3. Funding Solo 401(k) Transfer of funds from current custodian or make contribution

26 Purchasing Real Estate with Retirement Plan Real estate income and gains generated by the account are tax deferred Pay taxes at a future date rather than in the year the investment produces income Real estate income and gains generated by the Roth 401(k) are tax FREE! Income must go back into the account / Expenses must be paid from the account

27 Dmitriy Fomichenko (949)

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