Self-Directed IRA s Made Easy

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1 Self-Directed IRA s Made Easy Entrust Freedom, LLC 4560 Via Royale#1 Fort Myers, FL Phone: (239) Toll Free: (866)

2 About Entrust Freedom, LLC Principal Expertise Dave Owens, CPA is a graduate of Purdue University with a B.S. in Accounting. He spent his initial years at Deloitte, Haskins, and Sells. He has over 20 years in public accounting, specializing in real estate and retirement taxation. He is a current member in good standing with the Federation of Exchange Accommodators. His knowledge of real estate tax code, particularly pertaining to section 1031 of the tax code along with his considerable experience in over a dozen years of performing qualified exchanges make him a wealth of knowledge in his field. Brandon Hall, MBA, Partner is a University of Alabama Graduate. Mr. Hall has been associated with Entrust since He holds the coveted Certified IRA Service Professional Designation. Why Choose Us? Entrust is the nation s largest self-directed retirement administrator in the country. Twenty seven years of Self-Directed IRA Administration and over $3 Billion in Client Assets have made the Entrust Group the most trusted name in the business. Its nationwide network of 26 offices, including six located in Florida, provide access to a knowledgeable, efficient staff, all focused on assisting clients in administering tax-advantaged investments. We are there for you. Whether it be through one of our hundreds of educational events each year, or our free website (www.1031floridaproperty.com) that allows sellers to showcase their investments to potential buyers. Call us anytime with any questions that you might have. Our consultations are always free! Chicago 300 S Wacker Drive Chicago, IL (312) Main Office 4560 Via Royale #1 Fort Myers, FL Phone: (239) Fax: (239) Gainesville/Ocala 9116 SW 51st Road, Suite A102 Haile Village Gainesville, FL Phone: (352)

3 What is a Self-Directed IRA? Many people hear the term Self-Directed IRA and think that it is a special type of IRA. However, in reality, the IRS does not recognize a Self-Directed IRA as a type of IRA. Any IRA, whether it be a Traditional, Roth, SEP, or SIMPLE IRA can be Self-Directed. We use the term Self-Directed because our clients are making 100% of the investment decisions. The client directs Entrust IRA Southwest Florida, LLC (custodian) to make legal investments on behalf of their IRA. Who Should Consider a Self-Directed Retirement Plan? Anyone who wants to take control of their retirement investments. Typical IRA custodians only allow you to invest in the products that they sell. Since Entrust doesn t sell any products or offer any financial advice, we don t limit our clients investment decisions. A Self-Directed retirement plan with Entrust allows for IRA investments in a multitude of areas, such as Real Estate, Secured or Unsecured Notes, or Investments in Private Entities such as a LLC or LP. Most people are just unaware that IRA s can invest in such non-traditional assets. The main reason people are unaware is that the majority of the IRA custodians do not offer non-traditional assts as an option, so they do not promote it as a service.

4 The Advantages of Investing With IRA Funds There Are Three Primary Reasons People Put Money in an IRA. Building For Retirement According to CNN Money (5/2006), Social Security will run out of money by Regardless of whether or not you believe that, I think it is safe to assume that most Americans do not want to rely on Social Security as their only income in retirement. Boomers only have $35,000 in median retirement savings and 69% will rely on at least working part-time for income in retirement. Hope is not a strategy. All Earnings Grow Tax Free (Time Value of Money) For you non-economists out there, the Time Value of Money simply states that at the present time, money is worth more than the same amount in the future. So why would you want to pay the IRS capital gain taxes after each investment sale, when you have the ability, through an IRA, to pay them later? The money you save in taxes can be invested to create even higher wealth. This is the primary reason clients use IRA accounts to fund their investments to build for retirement. Tax Deductions For Contributions Most IRA accounts give individuals the ability to write-off any contributions as a tax deduction. So in essence, Uncle Sam is funding part of your retirement savings. For example, if an individual is in the 25% income tax bracket, and contributes $4,000 to their IRA they save $1,000 in income taxes, meaning that they really only contributed $3,000 to their IRA and Uncle Sam contributed $1,000.

5 The Advantages of Investing With IRA Funds Example Sales Price $375, Closing Costs $30, Net Sales Price $345, Basis of House Sold $235, Taxable Gain $110, Tax Due $23, Dep. Recapture (25%) $6, Capital Gains Tax $16, Tax Due with a Self-Directed IRA: $0 *For Illustrative Purposes Only Please consult your tax advisor for detailed results

6 What IRA Plans are Available For Self-Direction? Traditional IRA - A traditional IRA is a tax-deferred retirement savings plan for individuals. Once the individual starts making withdrawals, the contributions and earnings are taxed. ROTH IRA - A Roth IRA is a retirement savings plan for individuals but it isn't tax-deferred. Once the individual starts making withdrawals, the earnings are tax free. SEP IRA - A provision that allows an employer (typically a small business or self-employed individual) to make retirement plan contributions into a Traditional IRA established in the employee's name, instead of to a pension fund account in the company's name. SIMPLE IRA - A simplified employee pension plan that allows both employer and employee contributions, similar to a 401(k) plan, but with lower contribution limits and simpler (and thus less costly) administration. Although it is termed an IRA, it is treated separately What Other Savings Plans are Available For Self-Direction? Qualified Plans - Qualified plans, such as employer 401 (k), 403(b), profit sharing plans or Individual 401(k) s for the self employed can also be self-directed in many cases. HSA (Health Savings Account)- A HSA is the ONLY type of savings plan that has three tax advantages; A deduction for contributions, tax-free earnings, and tax-free withdrawals (assuming the withdrawals are used for qualified medical expenses). ESA (Educational Savings Account ESA s are savings accounts for your child s higher education. The money you put into this IRA is taxed but the earnings are not taxed as long as the student withdraws the money to pay for qualified education expenses. The student is designated as the beneficiary and can make withdrawals at any time Contribution Limits Traditional / ROTH IRA Under age 50: $5,000 Over age 50: $6,000 SEP IRA 25% of Earnings Max of $49,000 SIMPLE IRA $11,500; $14,000 if over age (k) $16,500; $22,000 if over age 50 Plus 25% of Earnings. Max of $49,000 HSA Individual: $3,000 Family: $5,950 Over age 55, add $1,000 catch-up ESA $2,000 per child

7 What Type of Investments Qualify for a Self-Directed IRA? Real Estate - An investor could purchase vacant land, residential or commercial property with his/her IRA. Any income (sale or rental) would flow back to the IRA, tax deferred. Any expenses, such as property taxes, association maintenance dues, etc. would be paid by the IRA. We also see clients purchase rehab properties as well as properties in the foreclosure process. Private Mortgages - Many of our clients use their IRA to hold a mortgage. All mortgage payments flow back to the IRA, tax deferred. The majority of lending that we see are safe secured loans with the property as collateral. Most hard money loans are made at 70% or less of the fair market value of the property. If you are fortunate enough to foreclose on a hard money loan, your IRA will have acquired a property with substantial equity while the investor did all the work of finding and rehabbing the property! Promissory Notes - An IRA can loan money via promissory note. These notes can be secured or unsecured. Secured notes are backed by collateral, providing the lender increased assurance of return of the loan amount and interest, such as mortgages and deeds of trust. Unsecured notes are not backed by collateral. You might consider an unsecured note for perhaps a friend or a non-disqualified relative, but it is a higher risk and sometimes reward than a secured note. Partnerships / LLC s - Many times, we have clients that want to make an IRA investment in conjunction with several or many other investors. In many cases, the group of investors will form a partnership or LLC. Unlike a limited liability company (LLC) or a corporation, partners in a partnership share equal responsibility for the company's profits and losses, and its debts and liabilities. The partnership itself does not pay income taxes, but each partner has to report their share of business profits or losses on their individual tax return. Investors in a LLC, on the other hand, share in company profits or losses based on the percentage of ownership in the corporation. Private Stock - Private or closed corporation stock offerings are not available to the public on the open market. Normally, they are made to pre-qualified individuals. These offerings must comply with the securities Blue Sky laws in the state in which the offering is made. The number of individuals included in the offering cannot exceed the maximum stipulated by state law. Partnerships and small businesses have been the backbone for our nation's economic growth. Companies such as HP, Merck, IBM, Disney and GE were once private entities that went on to become pillars of the American business landscape. Foreign Currency Trading - We have many clients that set up brokerage accounts with a foreign currency trading company. The client either makes trades him/herself or the client has given power of attorney to someone who specializes in foreign currency trading. In either case, any gains are non-taxable because the account is set up in the name of the client s Entrust Freedom self-directed IRA account.

8 What Type of Investments Qualify for a Self-Directed IRA? (Continued) US Treasury Gold / Silver - Certain Gold bullion, US Treasury Coins, or Palladium are also allowed by the IRS for IRA investment. Entrust has a national relationship with the Delaware Depository to store your Gold. Oil and Gas - Many people are unaware of the fact that there are numerous oil and gas programs that are recognized as investments. Why? Real estate ownership can include mineral rights at a fractional interest of a long term lease. This type of investment has several attractive qualities, including potential returns, lack of maintenance and unwavering demand for these products. Other Investments - Aside from all of the options listed above, an IRA can invest in hedge funds, futures trading, Options trading, lease options, tax deeds, contracts, foreign property, factoring (accounts receivable) and more. What Type of Investments DO NOT Qualify for a Self-Directed IRA? Your Self-Directed IRA funds may NOT invest in collectibles, which include Works of Art Rugs Antiques Metals other than certain Gold, Silver, Palladium Gems Stamps Coins Alcoholic Beverages

9 Prohibited Transactions Self Directed IRA accounts provide a great deal of Freedom, flexibility, and choice of potential investments. Yet, they are also governed by a set of rules that self-directed investors must be aware of and follow. Some types of self-directed transactions violate the basic intent of your IRA, and subject your account to risks and penalties. Your retirement account is intended to benefit you when you retire, and not before. Transactions that can be interpreted as providing immediate financial gain to self-directed account holders are not allowed. For example, IRA holders may not: Borrow money from their IRA Sell, exchange or lease property to their IRA Receive unreasonable compensation for managing property in their IRA Use their IRA as security for a loan Transfer plan income or assets to disqualified persons Lend money to disqualified persons Extend credit on their IRA to disqualified persons Furnish goods, services, or facilities to disqualified persons Allow fiduciaries to obtain or use the plan s income or assets for their own interest Disqualified Persons IRA holder and his or her spouse The IRA holder s ancestors, lineal descendents, and their spouses Investment advisors and managers Any corporation, partnership, trust, or estate in which the IRA holder has 50% or greater interest Anyone providing services to the IRA, such as the trustee or custodian

10 Frequently Asked Questions Can my 401(k) Plan Invest in Non-Traditional Assets? If you have an employer plan, such as a governmental 403(b) or employer 401(k) plan you may or not be able to self-direct your investments. Generally speaking, if the employer plan is from your current employer, it cannot be moved from its current administrator. It depends on how the plan was set up. If it is an employer plan from a former employer, it is 100% portable and CAN be rolled into an IRA with any firm. What Does the IRS Think About IRA Investments in Real Estate? From IRS website - Finally, IRA trustees are permitted to impose additional restrictions on investments. For example, because of administrative burdens, many IRA trustees do not permit IRA owners to invest IRA funds in real estate. IRA law does not prohibit investing in real estate but trustees are not required to offer real estate as an option. How is the property managed? How are income & expenses handled? The client manages the property from the extent of directing us what to do. The client finds tenants, puts together rental agreements (which we, as custodian, should sign). The key thing to remember is that the IRA owner should never deposit rental checks and then pay their IRA back. The checks need to be written directly from the tenant to the custodian. The client can check his/her online statement to make sure their IRA got paid or they can have the check mailed to them and simply forward to Entrust FREEDOM. Similarly, the client cannot expect to be reimbursed for any expenses the property may have. The client can either direct us to make a payment from their IRA or have a third-party property manager handle expenses/income.

11 So What Next? Steps For a Self-Directed IRA Transaction 1.) Open an Account Fill out an IRA application 2.) Fund the account Transfers from other institutions generally take about 2 weeks. 3.) Send Entrust Freedom a buy-direction letter after investment has been found What documentation is involved to purchase an asset? Real Estate In the case of Real Estate, the contract is put in the name of the IRA custodian and signed by the custodian. The contract and title are held in the name of Entrust IRA Southwest Florida, LLC. An example of how title is held would be Entrust IRA Southwest Florida, LLC FBO John Smith, IRA # LLC Investments For LLC s, there are two ways an IRA can be an investor. If it is a newly formed LLC, generally the IRA is one of the members on the operating agreement. For example, there may be four equal owners to the LLC and one of the four will be Entrust IRA Southwest Florida, LLC FBO John Smith, IRA # %. Entrust would just need a copy of the operating agreement as well as our standard buy-direction letter. If it is an existing LLC, generally the LLC issues shares of stock in the LLC. There is a subscription agreement which the investor must fill out. The client would fill out this agreement in the name of their IRA ( Entrust IRA Southwest Florida, LLC FBO John Smith, IRA #12345 ) and direct us to sign the document. Funds are then sent to the LLC after a buy-direction letter and these subscription documents have been received by Entrust. Notes For notes (either secured or unsecured), Entrust needs an original signed copy of the note by the borrower (and marked read and approved by the client) as well as a buy-direction letter from the client. Gold Gold is very popular. The client will need to find a precious metals dealer to help purchase the asset. Entrust has a national relationship with the Delaware Depository to store your gold in segregated storage.

12 Most Common Client Investments in their Self Directed IRA Case Study #1 Purchase of Vacant Land Dr. IRA transfers $35,000 to a self-directed IRA. Dr. IRA directs the IRA to execute a contract to purchase a parcel of land in Northport. The IRA purchases the land for $30,000 in April, Dr. IRA directs the IRA to sell the property for $47,000 in November, The original $30,000 plus the gain of $17,000 goes back in Dr. IRA s retirement plan tax-free. Case Study #2 Purchase of Rental Condo Dr. IRA transfers $375,000 to a self-directed IRA. Dr. IRA directs the IRA to execute a contract to purchase a condo in Naples. The IRA purchases the land for $360,000 in June, The IRA rents the condo for $1,500/month. The IRA has monthly expenses (i.e. HOA Dues) of $400. The annual tax-free gain is $13,200 plus future expectant appreciation. Case Study #3 Promissory Note Dr. IRA wants to lend cash from his IRA to a group of partners who are starting a business. The partners are willing to pay 10% per year on a 2 year promissory note for $100,000. Dr. IRA prepares a note, which is signed by the borrowers and provided to the IRA administrator. Subsequent note payments are made to the IRA tax-free. In a taxable account, this would amount to a return of 14.3%, assuming the taxpayer is in the 30% bracket. Case Study #4 Mortgage Note Dr. IRA wants his IRA to hold a mortgage for an individual purchasing a property. The note is secured by the property and the interest rate is 7%. Subsequent note payments are made to the IRA, once again, tax-free. In a taxable account, this would amount to a return of 10%, assuming the taxpayer is in the 30% bracket. Case Study #5 Purchase of Fixer Upper Dr. IRA purchases a fixer upper in September, 2006 for $65,000. Dr. IRA then improves the property. The IRA spends $12,500 in the process. Dr. IRA sells the property for $123,000 in April, 2007 ($23k down, $100k seller financed at 7%). The $23,000 cash and the monthly mortgage payments go back to Dr. IRA s retirement plan tax-free. Case Study #6 LLC Investment (i.e. private stock) An LLC / LP is formed for the purposes of developing a commercial shopping center. $15 million is needed for the development. Shares of the LLC are sold at $50,000 each. Dr. IRA buys 3 shares at a total cost of $150,000. A return is anticipated after the project is completed in about 2-3 years. Note, we also see clients buying private stock in non Real-Estate assets (i.e. local bank stock). Case Study #7 Sale of Real Estate Contract Dr. IRA transfers $110,000 to a self-directed IRA. Dr. IRA directs the IRA to execute a contract to purchase a pre-construction condo in Naples for $550,000. The IRA puts down a deposit of $110,000 (20%). Before closing, Dr. IRA flips the contract for $650,000. The IRA gains $100,000 on a $110,000 investment.

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