  This part of real estate investing is absolutely amazing. In recent years I have
been involved in some very heated “discussions” with so called experts about
what you can and can’t do with a self directed IRA.
TIP:
What kind of title does a veterinarian have? What kind of title does a brain
surgeon have? They both call themselves doctors. The same applies in many
professions, from attorneys to financial advisors. I prefer to use the
veterinarian for their specialty and use the brain surgeon for the precious high
valued life threatening brain surgeries. They are worth it. So be careful whom
you take advice from, including me. I am not an expert on everything, only what
I do well, and I am still learning. I focus on the ROTH IRA and don’t know much
about all of the other SEP, self directed pensions, etc.
I like
the ROTH IRA because it is TAX FREE investing, not tax deferred, like the
traditional IRA. I’ve had traditional IRAs since they were started and jumped on
the bandwagon of the Roth IRA the year it was created and have been working it
ever since. At that time, I had to pay regular income tax on funds transferred
to the ROTH because I was taking “pre-tax” dollars and converted it to a TAX
FREE program where contributions were made with After Tax Dollars. With the
ROTH, all of the profit and gain from my investments would be Tax Free, not tax
deferred.
When I
retired from the police department, I had a “deferred compensation program”
allowing me to use dump pre-income tax wages into my choice of 6 or 7 mutual
funds. This whole program tried to groom me mentally for retirement. They
assumed I would become poor and have less income during retirement. Once
retired, I was told I would make less money, and I could start receiving monthly
disbursements from this program and treat it as “earned income” paying federal,
state and local income tax. Ouch. This deferred compensation program had no way
to move into any kind of an IRA. My choices were wait till I got old, or cash it
out now as earned income. I chose the latter.
In addition to this program, I had the good 20
years and out pension offered by the state. The only problem I had involved
retiring early meaning I could start receiving payments at age 55 or cash it out
now and pay taxes now. I did not like either choice. So I learned about choice
number 3.

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This was a two step process. I could rollover my
pension to a traditional IRA and then “convert” it to a ROTH IRA and pay income
taxes now. Remember, the pension and traditional IRA uses “pre-income tax” tax
dollars to reduce your income NOW. If you have enough depreciation, odds are,
your income tax is reduced significantly now. You need to plan and prepare
properly for down the road when you run out of depreciation and jump into the
high income tax bracket. All of the profit, if done properly, is TAX FREE in
your ROTH IRA.
Forget the word “Contribution” and focus on
“Profit”. Many people and financial advisors are stuck on CONTRIBUTION. You
must qualify initially to get your ROTH IRA open. There is a minimum and a
maximum income limit. You will find those limits in the enclosed Q&A. Your
challenge is to Get It Open Now! If you make to much money and feel you
can’t qualify to get it open, give me a call. You just need to qualify in one
year to get one open with an initial contribution. The magic starts when you get
your Roth IRA open.
Once opened, you can begin to make your ROTH IRA
part of your investment program! Do not be concerned about annual contributions
and limits. Include working your IRA in your annual investing goals. My
objective here is I can use my knowledge of real estate and drive my own IRA
investments using real estate and get phenomenal returns.
Here is my simple version of using a Self
Directed ROTH IRA. Remember the movie Austin Powers and Mini-Me?
Your self directed ROTH IRA is
your Mini-Me!
There are basic simple rules to follow. You can
not do business with Mini Me. Imagine your Mini-Me is running loose out there in
the world. You are in a cage or up on a balcony giving instructions to Mini-Me.
Mini-Me is not real bright and does not know how to read or write. This is where
the 3rd party helps out Mini-Me.
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Your custodian for Mini-Me holds his hand and signs his paper
work. This is the simple version and this is where we will start. You can’t
do deals with Mini-Me. For example, if you own a property and you want to
make it an IRA deal and sell it to Mini-Me, too late, you can’t do it.
Mini-Me can’t do deals with your spouse, your children, or your parents etc. (You can do
deals side by side with a percentage of ownership, you can’t transfer anything
from you to Mini-Me.)
It really helps to keep the mindset about
giving instructions to Mini-Me’s custodian to make investments involving buying
things and selling things. You use your knowledge of real estate to guide
Mini-Me and let Mini-Me reap all of the profits TAX FREE.
Before getting started, you must understand some
of the risk involved. Nothing is guaranteed. Although you use your knowledge and
give instructions to Mini-Me, you could lose money.
Another risk involved in the real estate arena
is the risk of ownership. If Mini-Me owns real estate occupied by tenants, Mini-Me is
exposed to the risk of ownership and should have real good insurance in place.
Do not confuse with some information learned from veterinarians who say IRA and
pensions are protected from judgments. This is only true in the normal everyday
world… stocks, bonds, etc. In this situation, Mini-Me becomes the Owner
of the real estate and the tenant would sue the Owner, your IRA.
Therefore, the risk of ownership goes with owning real estate.
The other benefit lost is depreciation. Since
the ROTH IRA does not have to file a tax return in most cases (UBTI,
Unrelated Business Taxable Income is the exception) Mini-Me loses the benefit of
the phantom expense of depreciation.
The safest way in my opinion to grow your ROTH
IRA is by allowing Mini-Me to be the LENDER in real estate deals; however, most
folks start off with next to zero in their Roth IRA. Keep in mind, as you grow
your Mini-Me account aggressively and quickly and it becomes large, you should
avoid the risk of ownership and let Mini-Me be the lender. How often does a
tenant slip and fall and sue the lender? Nope, they sue the owner.
Be sure to join Cranking It 24-7. Members get
the monthly mini-seminar designed specifically for real estate investors. You'll
get valuable resources, tips, and strategies.\
The other courses
are designed to get full time results with part time effort.
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TAX FREE
Profit using your Roth IRA
The Roth IRA should be one of your
most powerful investment tools. Used properly, you can grow your investments TAX
FREE. It should be a major part of your investment plan.
A few months ago, a financial
advisor invited me to lunch to discuss his unique investment opportunities. This
was with a well known national company. He did a great job convincing me I could
learn more about investing and get a free lunch.
To my surprise, the financial
advisor brought an attorney from a local so-called investment practice. (My fuse
was lit a little bit, but I was eating on their lunch dollar). These two
proceeded to bombard me with their wonderful tax-deferred versions of 401ks,
mutual funds, annuities and a limited assortment of in-house products, services,
insurance, etc. making money for their company from fees charged to me.
After about 30 painful minutes of
listening and biting my lip, I began to fire back. I listened to their pitch and
disagreed with their program; but, I extended the courtesy to listen. After
introducing them to the Self Directed ROTH IRA and the benefits, the stubborn
attorney idiot flat told me it was illegal and you can not do these types of
transactions. The financial advisor was listening and wanted to learn. The
attorney was stubborn and refused to learn.
My point is to be careful about
experts. Many people including financial advisors, attorneys and more, refuse to
learn. They will make comments like “you can’t do that”, or “it is not allowed”
or better yet, they may try to impress you with a 3 or 4 syllable words and say
something like “it is a prohibitive transaction”. BOLONEY!! The company they
work for allows them to only sell in house company products. They want to be
labeled “experts” and give you a choice of 9 products to choose creating a
WIN-WIN situation for the bank or institution they represent. You are left out.
Set up a ROTH IRA for yourself,
your spouse, and your children. Promise yourself to put a deal into each ROTH
IRA every year. With time, they will grow and probably perform better than most
mutual funds.
Your ROTH IRA can purchase real
estate, loan money on mortgages at great rates (15%-20%), purchase discounted
notes and mortgages, buy and sell real estate. This is real. Take your killer
deal of the year and make it a ROTH IRA deal. Now that is a home run!
Roth Individual Retirement Account
Created in the summer of 1997, the Roth IRA is named after
its creator, Senator Roth of Delaware. Like the Traditional Individual
Retirement Account, the Roth IRA is a personal savings plan that offers tax
advantages to set aside money for retirement.
Investments compound tax-deferred, but what makes it truly
unique is that once an individual has reached 59 1/2 and his/her account is more
than 5 years old, all withdrawals are TAX FREE.
What is meant by a self-directed IRA?
A self directed IRA is one that allows complete
diversification which includes traditional investments such as stocks, bonds,
and mutual funds, as well as real estate in your IRA, mortgages/deeds of trust
IRAs, private placements, tax liens, and mobile homes.
A truly self-directed IRA allows Americans to use their knowledge and expertise
to prepare not only for their future, but also their family's future. While some
custodians claim to allow self direction, most only allow the proprietary
investments such as CDs or an approved list of stocks, bonds and mutual funds.
Truly passive custodians will allow clients to make their own investment
decisions within a wide range of acceptable investments.
What are the advantages of a self directed IRA?
A self directed IRA allows you to use your knowledge and
expertise to better plan for you and your family's future.
Who can establish an IRA?
Every American is eligible for a Self Directed IRA.
The only two requirements being that you have a social security number and that
you have earned income.
While every American is eligible, those with higher income may not
contribute to certain Self Directed IRAs such as the Roth and they may not
qualify for deductions that accompany contributions to certain Self Directed
IRAs.
What is the difference between tax deferred and tax free?
A tax deferred account is one that is funded with pre-tax
dollars, which means, in most cases, that you get a deduction for your
contributions. When distributions are taken from the account those funds are
taxed. Traditional, SEP, and SIMPLE IRAs are referred to as tax deferred
accounts.
By contrast, a tax-free account is one that is funded with after tax dollars,
which means that you do not receive a deduction for contributions. When
distributions are taken, there are no taxes incurred in a tax-free account.
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Who is eligible for a Roth IRA?
Anyone who has earned income and falls within the MAGI
(Modified Adjusted Gross Income) limits can establish a Roth IRA. Unlike the
Traditional IRA, the Roth IRA has no age limit for contributions, so individuals
can continue to contribute as long as they like. (Note: In a Traditional IRA,
individuals can only contribute until age 70 1/2.)
How is earned income defined?
Earned income is defined as the salary or wages you receive
as an employee. If you are self-employed, earned income is your net income for
personal services performed. Passive income such as interest, dividends, and
most rental income is not considered compensation for the purpose of funding an
IRA.
What are the Modified Adjusted Gross Income (MAGI) limits for a Roth IRA?
* If you are single your MAGI must be less than $110,000.
* If you are married your MAGI must be less than $160,000.
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Can I make contributions for my non-working spouse?
Yes. This is referred to as a Spousal IRA. The spousal IRA
allows a married person to make an IRA contribution for his/her spouse. A
married couple can contribute up to 100% of their combined earned income or
$6,000, whichever is less.
Can I convert my Traditional IRA to a Roth IRA?
Yes. But when you convert, taxes must be paid on the
portion which is being converted.
Can rollover funds from 401k, 403b, SEP, SIMPLE and other retirement plans
be placed into a Roth IRA?
Funds from other retirement plans can be placed into a Roth
IRA. The funds must be first transferred to a Traditional IRA and then converted
to a Roth IRA. When the conversion is made, taxes must be paid on the portion
being converted. (Note: Each retirement plan is unique, so please consult with
your plan administrator for fund withdrawal options.)
Do I pay taxes on earnings in my Roth IRA?
No. All earnings in a Roth IRA are Tax Free, because
contributions are made with after-tax dollars. The only requirements necessary
to receive these benefits are that the IRA owner must have reached the age 59
1/2 and had their account established for at least 5 years.
When can I withdraw funds from my Roth IRA?
* Annual contributions can be taken out at any time with no
tax.
* All other funds (i.e., earnings, conversion funds) can be taken out
penalty-free if the account has been established for 5 years and the individual
is over the age of 59 1/2. Non-contribution funds taken out without meeting
these requirements are taxable and are subject to a 10% penalty.
Are there exceptions for premature distributions?
Yes. Some exceptions include:
* Medical expenses
* Disability
* Education
* First time home purchase
For a complete list of exemptions to the 59 1/2 premature distribution rule,
please see IRS Publication 590
Am I required to take distributions from my Roth IRA?
No. Unlike the Traditional IRA, where distributions are
required at the age of 70 1/2 , there are no mandatory distribution requirements
for the Roth IRA.
What happens to my Roth IRA in the event of my death?
Your named beneficiary(ies) will receive the entire
proceeds of the IRA. The manner in which your beneficiary(ies) will receive the
funds is determined by the election made by your beneficiary within the
guidelines of the law.
When is the contribution deadline for funding a Roth IRA?
Roth IRAs for the taxable year can be opened and/or funded
anytime between January 1 and the date your tax return is due for the year,
excluding extensions. The due date is always April 15 (plus extensions) of the
following year.
Real Estate in Your IRA:
Utilize Your Knowledge and Expertise to Prepare for Your Future
Historically real estate has provided many Americans with a
stable investment vehicle that provides both income and appreciation. One of the
greatest tools available to real estate investors are government sponsored
retirement plans.
Very few Americans realize that they have the option to
self direct their IRAs and other retirement plans into real estate. Most
investors believe that there only IRA investment options are bank CDs or the
stock market.
If you currently are a successful real estate investor or
just looking to diversify your retirement portfolio the combination of real
estate and your IRA can be very powerful.
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“Invest with knowledge, expertise and comfort”
The specific advantage real estate IRAs hold for real
estate investors is the fact that they can take investments where they are
successful (and comfortable) with and apply that knowledge to their IRAs and
other retirement plans.
Here is a partial list of real estate investments that can
make within your IRA.
-
Raw land
-
Single family homes
-
Apartments
-
Mobile Homes
-
Commercial Property
-
Real Estate Notes
-
Mortgages
-
Tax Liens
Your Rates of Return Are Based on Your Knowledge and
Expertise
When you combine the
advantages of an IRA with your knowledge of real estate you have the ability
compound investments tax deferred/free.
The rates of return on your investments are based on your
knowledge and expertise in real estate, not the ups and downs of the stock
market.
What kind of wealth can be created for you and your family?
Why haven’t I heard of this before?
Because most custodians do not offer truly self directed
IRAs. They will only allow you to invest in their approved list of investment
options. If you have an IRA at a bank, you will probably be limited to CDs and
if at a brokerage firm, stocks, bonds and mutual funds.
Are there any downsides?
There are not any downsides per se other than the fact that
there certain types of transactions that you can not enact through an IRA. For
the most part these prohibited transactions have to do with what is called “self
dealing”. Basically these rules prohibit your IRA from making an investment into
a property where you or your relatives have prior ownership.
Additionally no investment (outside of FDIC insured
deposits) is guaranteed. And real estate investing is not for everyone. However
most successful real estate investors feel that investment risk associated with
real estate is much less than that of investing solely in the stock market.
You are in Complete Control
The most important thing to remember is that when you use a
truly self- directed IRA the type of investments you make will be the exact same
kind you are making presently. The only difference is that you will be making
them in a tax deferred/free environment.
A truly self directed IRA program puts you in the drivers
seat.
How can I learn more?
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I plan on purchasing a property with my IRA that will generate rental
income.
Does the rental income have to go back to my IRA?
Yes, all income generated by a property owned by
your IRA must return to your IRA, in order to retain the tax deferred or tax
free status of the investment.
How does the rental income actually get back into my account?
Rental payments are remitted to the custodian Trust for the
benefit of your IRA. The checks or money orders are made payable to "Custodian. FBO Your Name IRA #xxxxx. Once received, the checks or
money orders are deposited into your account. All checks must be remitted with a
payment coupon.
Checks may be mailed directly to your custodian, or
they can be mailed to the property manager for record-keeping purposes before
being forwarded to your custodian. If several checks are to be remitted per month,
mailing them in one envelope will save time and postage but they must include a
separate payment coupon for each check.
Please note:
As the investment is owned by the IRA all rental checks must be made out to the IRA
with proper titling “ Company Custodian FBO Your Name IRA.
Don't worry about
contributions!
Be concerned with getting it open and Start Cranking It!
Mike Butler
JUMP START Your
IRA in 14 Days!
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