Creating Wealth with your IRA and Real Estate. Summary Guide

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1 Creating Wealth with your IRA and Real Estate Summary Guide

2 The Self Direct IRA and its Connection to Real Estate Investment While some busy professionals may choose to invest every extra penny they have into real estate, they are reluctantly forced to invest their retirement accounts into stocks, bonds, and mutual funds. Some investors are so turned off by non-real estate investments, they choose to not contribute to their IRAs or 401(k)s at all. This is mainly due to the inadequacies (in their mind) of the other available investments. If they only knew the truth So rather than saving for their retirement in a tax-deferred or tax-free account, and potentially getting the significant tax deductions, they choose to ignore the retirement account option completely. Until now How did Self-Directed IRAs (SD IRA) evolve? Ever since they were created from the Employee Retirement Income Security Act of 1974 (ERISA), IRAs have been self-directed, because the investor always had the ability to direct the custodian of the account to change the investment mix whether it were stocks, bonds, mutual funds or whatever. The custodians at the time just decided not to allow real estate into that mix. The concept of self-direction was created by Congress through the Internal Revenue Code Section 4975 and other sections. Congress only dictates what investments are NOT allowed.. In all, there are only three types of investments expressly prohibited by ERISA: collectibles, certain types of precious metals and life insurance. Since investments with a self-directed IRA are not on that list, you have a great opportunity to grow retirement plan assets. In fact, knowledge of this IRS code may provide you with a strategy that allows you to accumulate tax-free wealth throughout your lifetime, provided you know how to use it. Most do not realize the full power of self-direction, even many financial professionals. Selfdirecting investments in retirement plans is not new. It was part of the government s plan in the 70 s to help all of us save for our increasingly expensive and long retirement years. In short, All IRAs are self-directed. It s up to the custodians as to what assets they will hold. However, it wasn t until after the Great Recession that the term self-directed IRA really came into prominence as a number of firms opened their doors, offering education and training on how to invest funds from an IRA in alternative vehicles, such as real estate.

3 SD IRA s have been slowly getting popular since the early 2000s, but they really kick-started after The crash exposed a lot people to the volatility of the stock market. The target market has shifted and now the younger generation are investing in IRAs for the first time and looking to save, but also looking for other investment and diversification options. Investing is always a risk. But unlike stocks and bonds which are intangible, you can see, touch and experience real estate. Most investors and non-investors have experienced what it s like to buy or rent a single-family home, an apartment or a condominium sometime in their lives. Shelter is the most basic of human needs. Why do I need a Self-Directed IRA? Build wealth and secure your future more effectively. Combining the tax advantages of a retirement account with access to a larger range of investment choices offered, a self-directed IRA can help you build more wealth for your retirement. With a self-directed IRA, you choose your investments, such as homes, apartments, raw land, coops, condos, and commercial property and more. A self-directed IRA enables you to invest in what you know best. Create passive income for your retirement. Passive income is an income stream where money is received usually on a regular basis, without continuing effort, such as income from a rental or property. For many investors this is the holy grail of retirement. Create more passive income than you have in expenses and you are no longer dependent on a day job, salary or limited in the location in which you live and play. We define passive income as income that takes less than 2 hours a week to manage. Passive income is predictable and consistent and is usually relatively stable. Soaring Health Care Costs are Putting Seniors into Debt Employee Benefit Research Institute reports that the debt load of seniors grew from 2002 to 2015, the percentage of households 55 and older with overall debt grew faster than the rate of the overall population. Those 75 and older packed it on most quickly. Are you prepared for your long-term health care costs? The Professionals at udirect IRA Services would be happy to assist you with any questions you may have, or help you to open an IRA account. Social Security is Not Guaranteed CNN Money reports that the Social Security trust fund will be exhausted in Are you depending on Social Security as part of your retirement income? Economic Changes within Society are More Prevalent than Ever. An unstable stock market and world economy directly affect your Retirement Savings when you are invested in Wall Street based assets. Are you prepared for these types of unforeseen cost increases and market fluctuations?

4 Get Educated With financial education, you can minimize investment risk says Kira Golden, CEO of Direct Source Wealth. You will almost always make a better return on something you understand. As an owner and consultant, Golden has clients invest in many types of real estate through their IRAs. Those investments have ranged from income-producing properties (both residential and commercial), vacation rentals to real estate notes. Any form of real estate that has a deed or some evidence of ownership with it, including the list below all present good investment opportunities. Single or multi-family rental property Commercial or industrial property Raw land Farmland Timberland Fishing rights Airspace rights Private Mortgages Tax Liens Options on real estate Although the use of retirement funds in on the rise, Golden warns that investors considering using those funds remain aware that self-directing investments for their IRA means they alone are responsible for the investment decision. The IRA s custodian does nothing more than take direction from the investor. A hands-off approach. By definition, an IRA is a way for people to put future retirement savings to work for them long before they retire. While the traditional IRA offers tax-deferred savings, the Roth IRA offers the potential for tax-free savings, so long as certain requirements are met (check out Internal Revenue Code Section 4975 for disqualified transactions). For real estate investors, whether a flipper or a buy-and-hold investor with rental properties, using an IRA to fund investments is a totally different mindset. The IRA account owner cannot use his or her IRA funds to purchase a property they currently own. Additionally, the IRA owner cannot use an IRA-owned real estate asset nor can any disqualified person (IRC 4975), Golden says. The IRA account owner cannot perform any work on the IRA real estate asset, and all income and expense must flow through the custodian to protect the tax-deferred status of the account. By law, all IRAs must have a custodian who holds the assets for the IRA owner. In addition, the custodian can also serve as the IRA s administrator, handling its day-to-day business. Conversely, an IRA owner can hire an administrator (maybe a more local company, for example) but that administrator must still use a custodian to hold the assets.

5 The title to all IRA assets is vested in the name of the custodian for the benefit of the IRA, and all proceeds from sale of assets or income earned must go directly back to the IRA. IRA owners can also set up a limited liability company, or LLC, for their real estate investments as an extra layer of liability protection. Frequently referred to as checkbook IRAs, the LLC sets up a bank account with check-writing privileges for the owner, who can then directly pay for things that benefit the IRA s assets. Golden, however, says forming an LLC for asset protection is unnecessary, and only stands to muddy the waters. You don t need it in an LLC. By definition an IRA is a trust. Since it s a trust it has it s own set of asset protection. In the IRA world you already have that protection because it is a separate entity from you. They can t come after you because you don t own it. In any case, a wise investor should speak with their accountant beforehand to decide which form of IRA is best given that particular investor s circumstances and goals.

6 Strategies and Special Considerations Your IRA can even partner with other people s IRAs to purchase property. Keep in mind that if you are considering this, you may be asked to provide evidence proving that you did not receive any immediate benefit from your IRA s participation in the investment if the IRS questions the transaction. The transaction still must be an arms-length transaction, and the investment remains subject to the same restrictions as if the entire investment were in your IRA. It is just a better idea to separate your IRA s investments from your own investments. You may also purchase debt-financed property with your IRA. The debt must be financed by a non-recourse loan and any disqualified person may not supply the funds. Also, the IRA may have to pay UBIT (unrelated business income tax) or UDFI (unrelated debt financed Income tax) on the profit from debt-financed property. Generally speaking, taxes must be paid on profits from an IRA-owned property that is debt-financed, including profits from the sale or disposition of the property, in the same proportion that it had debt Avoiding Unplanned Taxes and Surprise Penalties While purchasing real estate with the money in your IRA is permitted, there are some important things to keep in mind: You may not collect a fee for managing property owned within your IRA. This is considered a prohibited transaction. You may not collect a commission for any property sold to your IRA. This is also considered a prohibited transaction. You may not sell property that you currently own to your IRA. There is a list of disqualified persons who are prohibited from dealing with your IRA or benefiting from its investments. The list of disqualified persons includes you, your spouse, your parents, your children, their spouses, certain business partners and key employees and persons providing services to your plan, among others. Your IRA owns the asset. Many people think the money is distributed and is taxable first; this is not true. Real estate can be purchased 100% by the IRA account or just a percentage interest in real estate as Tenants in Common (i.e. Robert J. Jones 50% Undivided Interest and The Custodian FBO William Bush IRA # % Undivided Interest) You may not buy/sell/lease your real estate from a disqualified person. This is considered self -dealing and is strictly prohibited. All income (rents or sales proceeds) that is produced by the Real Estate IRA must be returned to the IRA cash account. Expenses are treated the same way; all expenses must be paid by the IRA account. If the real estate were owned as a percentage, the IRA would pay the applicable percentage of the expenses. If there is financing involved with an IRA asset, it must be nonrecourse financing (IRA owner cannot personally guarantee the note.) Typically, lenders will require larger down payments on nonrecourse loans. The lender can be the seller.

7 Real Estate owned inside an IRA account must be for investment purposes with no personal use. Also, if you visit that IRA property, you cannot write off the trip nor can you stay in the unit to do maintenance. All contracts/transactions must start out in the name of the IRA as the investor. You cannot assign a contract you have entered into to your IRA as you are disallowed to your IRA. Arm s Length Transaction IRA owners must make sure they do not engage in prohibited transactions when investing their IRA assets in real estate. They must make sure the real estate transactions are arm s length or third-party transactions. This means that an IRA owner cannot invest in property he or she, a relative, or his or her business, already owns. In order to prevent a prohibited transaction, the individual should not have access to or use of the property while a portion of the real estate is held within their IRA. Also, while fractional interests in real property may be purchased or sold, such interests may not be bought from the IRA owner or members of family or business, except siblings. All income and expense related to the property needs to be divided and/or paid according to ownership percentage. In such cases, it is wise to have a third-party property manager handle these activities to ensure that no self-dealing transaction occurs. Some Essential Facts When purchased, the property becomes an asset of the IRA. Neither the IRA owner, spouse, nor family members (other than siblings) may have owned the property prior to its purchase by the IRA. Neither the IRA owner nor family members (other than siblings) may have access to or use of the property while it s in the IRA. The IRA owner cannot manage the property; however, he or she can hire a third party -- a real estate broker or local manager -- to collect rents and maintain or improve the property. Property related expenses cannot be paid with personal funds and then be reimbursed by the IRA. The IRA owner s business may not lease or be located in or on any part of the property while it s in the IRA. All rental profits must be returned directly to the IRA. The IRA owner can not earn a commission or fee on any transactions involving the retirement account. Property owned within an IRA will not be able to take advantage of write-offs, such as depreciation or other property related expenses. The property must remain in the IRA until distributed or sold to a third party.

8 Examples of a Self-Dealing Transaction Here are a few examples of what the IRS or DOL may consider self-dealing with IRA funds: Borrowing money from an IRA IRAs are prohibited from making loans to IRA owners and any disqualified person. Using the IRA as a security for a loan IRA owners are not allowed to use the IRA as collateral for a loan, as the amount they pledge as security will be deemed a distribution by the IRS. Selling assets to an IRA - If the IRA owner sells property to their IRA, the sale is a prohibited transaction. Buying property for personal use (either by the IRA owner and/or a family member), such as a lake cabin or a condo in the mountains, is strictly prohibited. o Purchasing property from a disqualified relative. o Issuing a mortgage on a relative s new residence.

9 10 self-directed IRA Tips For investors who want to invest in real estate with the IRA. 1. Self-Directed IRAs are tax deferred The primary reasons investors save with their IRA is to benefit from the tax deferred nature of the account. If you are 35 years old, you can benefit from the tax deferred nature until you are 70.5yrs old. While this is when you are required to start taking distributions, you can benefit from the tax-deferred nature of the IRA until all the funds are withdrawn. This gives you 35 years of compounding in which you can benefit from the full amount of the investment without worrying about having taxes reduce your gains. 2. Self-Directed Roth IRAs are tax-free The Roth IRA was not created with ERISA, it was created much later in 1997 with the Taxpayer Relief Act. This type of IRA allows you to save money and invest in tax-free forever well at least during your lifespan. The money you put into the Roth IRA is after-tax money and grows tax free. This is an enormous benefit for investors who are creative with their investment strategy. Take for example, Peter Thiel who invested in Facebook with his Roth IRA when it was private company. All his gains from that investment are still tax free, assuming he still has his capital in the Roth IRA. 3. Investing in rental property If you have your IRA sitting in mutual funds and you are a professional real estate investor, then you are probably frustrated. Not that mutual funds are bad, but because of many disadvantages of investing in mutual funds. What you should realize is that you can use your IRA funds to invest in investment property. If you are buying rental property that is netting 8-10% in income each year, why would you invest in areas you are not familiar with? Focus on investing in what you know. 4. Physical real estate offers a wide variety of choices Real estate is a broad category. It includes a number of types that you can choose from. It doesn t matter what type of real estate it is, residential property, commercial property, industrial property, raw land, timberland, farmland, and more. As long as it is an investment, you can use your IRA funds. 5. Real estate related investments are another option Real estate investors know that real estate is not simple. Experienced investors also know that you can be creative with the terms in order to get the best deal for yourself. Some examples of real estate related investments are: fishing rights, mineral rights, airspace rights, options, private mortgages, tax liens, municipal liens, condo liens, and more. If you find a good investment, consider whether it can be used inside your self-directed IRA to maximize the tax benefits. 6. Disqualified persons There are a number of restrictions that put some limitations on IRA investments. The purpose of these restrictions is to make sure that investors don t try to circumvent the rules. One of these restrictions is that your IRA cannot do business with a disqualified person. A disqualified person is clearly outlined in the Internal Revenue Code (IRC). For example if your IRA owns a rental property, you cannot personally fix the roof. You also cannot rent it out to your mother. 7. Prohibited transactions can disqualify your IRA A prohibited transaction is an action that breaks the rules outlined in the Internal Revenue Code. This prohibited transaction would cause your IRA to be disqualified and would be seen as a distribution of the funds

10 by the IRS. Thus you would have to pay the taxes, interest and penalties from those funds. My advice, don t try to circumvent the rules. No matter how smart you think you are, the risk is just not worth the potential rewards. The self-directed IRA is such as gift in the US tax code, there aren t any good reasons to operate outside the rules. Know the rules and follow them. 8. Real estate professionals get an unfair advantage If you are a real estate professional, Self-Directed IRAs can help you grow your business. With less than 20% of the population knowing about self-directed IRAs, there is a whole world of potential investors that you could help by explaining the benefits of self-directed IRAs and how it can help their investments. Whether you are a real estate agent, attorney, CPA, lender, or insurance agent, if you are trying to grow your business this is a great way to win new clients. If you want to know more about how we can help you, contact us at Direct Source Wealth. 9. Get creative There are numerous ways to take advantage of the self-directed IRA. While some investors want to hold their investment property long term, some choose to flip real estate. This can be a good strategy for a more active investor. As long as you know the rules, there are a lot of options as to how investors can benefit from using their IRA to invest in real estate. 10. Be the bank Not everyone wants to invest in physical real estate. Some investors choose to be the bank and provide financing for real estate investors. This is also a common investment strategy for experienced and novice investors alike. Your IRA could loan money to another real estate investor. This would mean you don t have to do the management of the real estate yourself, just collect your interest. With the rates that private mortgages typically offer, this can be an interesting investment strategy.

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