Pros and Cons of Self Directed IRA Real Estate Investing

April 10, 2012 by Kenny Santos  
Filed under Real Estate Investing

If you are looking for total control of your IRA investments and are tired of having to refer decisions over investment strategies to unimaginative advisors who tie your hands behind your back when it comes to making investment choices, or who is simply limited to his or her company’s range of products or investment policies, and of custodians who over-stringently interpret IRS investment regulations, then a self directed IRA is for you.

But if you want a truly self directed IRA and don’t want to be bound into traditional investment choices or limited in your ability to invest your money as you see fit when you see fit you need to take a step further. Then you should be looking at setting up a self directed IRA LLC. In other words, you become in effect the director of a limited company responsible for building your own IRA.

The advantages of this move are immediate and obvious -

Since you effectively become the custodian of the IRA, you will no longer have to pay transaction costs for every move you make with your self directed IRA LLC.

Since you control and handle all the transactions, the custodian for our IRA can be paid a flat annual fee. You can benefit from the lowest IRA custodian fees in the market. It does not matter if you have one million dollars in your IRA or one billion. Your custodial fees are fixed.

You have absolute decision making power - no ifs, no buts, no maybes; you do not have to ask permission of anyone else, you are the decision maker. It really is a truly self directed IRA.

A truly self directed IRA plan can be used as funding for a down-payment for a real estate purchase.

Because it is set up as a limited liability company (LLC), your self directed IRA assets are protected from creditors and litigators. Without the LLC, your retirement funds could be directly exposed to a frivolous lawsuit.

Investment Variety

You can benefit from massively extended range of investment choices; of course, you can still choose to invest in the traditional choices of stocks and mutual funds, but other choices include real estate, tax liens, tax deeds, options - any legitimate business investment opportunity that doesn’t breach IRS rules (which is most of them)

Having such a wide range of choices enables you to diversify your holding; essentially, you reduce your risks by spreading your investments over several choices (the opposite of putting all your eggs in one basket)

You can invest in international or foreign real estate in such places as Costa Rica with your IRA - LLC without asking for your custodian’s permission.

Finally, moving to an IRA LLC is an affordable choice for almost everyone; it is estimated that it is less than a half of the cost of having an IRA facilitator

In short, your self directed IRA LLC is a truly self directed IRA because it maximizes your ability to control how your IRA is invested. You are no longer limited by other’s choices, investment options or company policies. It is your IRA, your way.

But, as with everything in life, there is a downside - at least, potentially.

I have already hinted that traditional financial advisors are not best placed to give advice on other kinds of business investment such as real estate. They will have a good understanding of stocks and shares. Would you ask your dentist to do an angioplasty? By the same token, a traditional advisor will not know how to leverage the best deals in real estate or in other kinds of business investment.

It is important therefore that you choose an IRA advisor who can help you structure complex IRA and real estate entities, evaluate investment opportunities and avoid infringing on the self directed IRA rules in setting up investments.

Consequences of setting up your IRA-LLC incorrectly: “Internal Revenue Service could step in and simply disqualify the IRA, resulting in huge tax bills along with additional penalties for account holders who are younger than age 59?. A lot of people are going to get themselves in trouble and wind up losing their IRAs over this,” says Ed Slott, an IRA consultant.” (Wall Street Journal, You Did What With Your IRA?, author Kelley Greene, October 15, 2005).

Investing in a single property is no more difficult than buying your own home. Where real estate deals become complex is when you are seeking to fund developments, real estate lots, buying into apartment communities or other larger scale investments. This is where extensive knowledge of self directed IRA rules is paramount. Only someone with a strong background in real estate can supply these skills.

Rehabilitating residential real estate is a good example of where things can go wrong - badly. How can you tell a genuine opportunity from a poor deal? How do you know how much to invest in rehabilitating a property? Too often, people with little experience in the area spend over the odds on a property and fail to realize a return on their investment. Effectively, they pour money down the drain.

As well as a lack of familiarity with the business, without a solid knowledge of self directed IRA investment regulations, you could end up facing stiff penalties (up to 10 % plus taxes) or even disqualify your retirement altogether. As much as 50% of your IRA could disappear due to an unintentional violation.

Basically, once you set-up your IRA-LLC correctly, it comes down to being careful of whom your IRA does business with and who benefits.

You as the IRA owner cannot live in an investment owned by the IRA.

You cannot directly or indirectly buy, sell, or lease property between the IRA and a disqualified party except in cases where this is exempted.

Your IRA is not allowed to transaction business with your spouse, lineal descendants or their spouses (i.e. your grandparents, children, grandchildren, son-in-law, daughter-in-law, step-children) as they are considered disqualified persons. However, you can do business with your brother or sister, their spouses, nieces, nephews, cousins, aunts or uncles, which are relatives more distantly related to the IRA account. For example, if your IRA purchased a holiday home, your brother and his family could stay there for a holiday, but you could not.

You cannot take real estate property you already own or occupy and stuff in your IRA, even if you sell the properties to the IRA at fair market value (FMV). If you have to liquidate a portion of the IRA’s ownership in the property at the time of required minimum distributions - 70 ? in order to remain IRS compliant - you can do so incrementally. In doing so, the portion that is sold off can be taken as an IRA distribution.

You cannot extend personal credit to your IRA. For example, if wanted to use your IRA as a down payment on an investment property, then you could not personally acquire a loan in your name, take title to a property owned by your IRA. However, there are financing strategies that combine debt financing and your IRA and there are competent lenders who understand the IRA - LLC.

Investing in collectibles is a no-no. You cannot invest in artwork, antiques, rugs or a purchase a 10 carat marquise diamond ring for your spouse or your fianc? and pass it of as an investment.

Real Estate Financing and your IRA

Where you use a non-recourse loan to help purchase your investment because you do not have enough money in your IRA to do so, you may also face a tax known as Unrelated Debt Financing. But this can be mitigated through long term property holding where your use the property as a rental and the debt goes down. If you are terribly concerned with UBIT, then partnering with another IRA holder or a non-disqualified party who puts up the remaining cash could be the best way to eliminate UBIT all together. To learn more about pooling IRA holders together for larger real estate deals visit http://www.GroupDominion.com.

In order to defer UBIT you can decide to 1031 exchange the UBIT part of the transaction forward to another investment property and by doing so reap the benefits of both worlds: receive tax deferment through the 1031 exchange on the indebted portion and tax deferred benefits on the gain in the self directed IRA when you decide to exchange the property.

In addition, because the IRA is already a tax favorable vehicle, your IRA cannot receive additional tax deductions or depreciation as you would if it was your own home.

Picking the Right Self Directed IRA Advisor

With the assistance of a competent self directed IRA advisor, you can petition the IRS successfully and structure your real estate transactions so that you can make your real estate purchase outside the IRA. By doing so, prohibited transactions go away, UBIT goes away; you can receive personal benefit from the investment property, take title personally to an investment property without infringing on the rules and without facing stiff IRS penalties. In short, there are cons as well as pros to using self directed IRA LLCs, but choosing the right advisor will help you steer clear of the sandbanks.

About the Author

Joshua Geary with Asset Exchange Strategies is an avid writer, business strategist and online marketing consultant. For more information on self directed ira real estate investing visit the link.

Don’t Overlook This Source Of Private Money For Real Estate Investing

February 12, 2010 by Kenny Santos  
Filed under Real Estate Investing

When it comes to finding private money for real estate investing, some folks are sitting on a goldmine and don?t even know it. Read on to discover what this goldmine is, and if you’re sitting on one yourself.

Think about this? if you have retirement funds that have been gradually building up in a 401k or IRA, you?ve most likely seen the rates of return stumble in recent years. In some cases they?ve done more than stumble, they have taken a nosedive.

There are a few people out there whose retirement accounts have grown during that same period at a healthy double-digit pace, for one simple reason. They knew how to put their money to work for them in self-directed IRA accounts that allowed them to invest in real estate.

Don?t dismiss this as pie-in-the-sky thinking. If you?re sitting on retirement funds, from tens-of-thousands to hundreds-of-thousands, even millions of dollars, yet you continue to struggle with finding private money for real estate investing, you need to ask yourself why.

Simply by moving your money into a self-directed IRA, you could create a convenient source of available funding for your deals, pay yourself a healthy rate of return, and defer the taxes on your real estate transactions, all in one move.

There are several players in the self-directed IRA market right now. Some are better than others, but all are capable of administrating your account and allowing you to fund your deals. Shop, compare services, and decide which company fits your style and personality.

A self-directed IRA is usually pretty simple to handle, but there are some special rules you will need to follow. One of the most important is that ALL transactions relating to the subject property must be paid for out of the IRA, but that?s easily accomplished. Your account administrator will assist you in setting it all up.

Make sure you familiarize yourself with all the rules, and follow them to the letter. Failure to do so could cost you all your tax benefits, plus substantial penalties. As long as you follow the rules, using your IRA to fund your deals may turn out to be an excellent source of private money for real estate investing.

There are other ways of finding private money for real estate investing, but few are as convenient and immediate as your own retirement funds. Don?t overlook your IRA or 401k when you?re looking for ways to fund your deals.

For more on finding private money for real estate investing try http:http://www.private-money-real-estate-investing.com/find-private-money.html

Tom Dunn is a successful real estate investor and author of the popular DealFiles Real Estate Investor Stories free newsletter. You are welcome to share this report, unedited and in it’s entirety, with anyone you like. You may not remove this text. ? 2007 by Tom Dunn.

Pros and Cons of Self Directed IRA Real Estate Investing

October 6, 2009 by Kenny Santos  
Filed under Real Estate Investing

If you are looking for total control of your IRA investments and are tired of having to refer decisions over investment strategies to unimaginative advisors who tie your hands behind your back when it comes to making investment choices, or who is simply limited to his or her company’s range of products or investment policies, and of custodians who over-stringently interpret IRS investment regulations, then a self directed IRA is for you.

But if you want a truly self directed IRA and don’t want to be bound into traditional investment choices or limited in your ability to invest your money as you see fit when you see fit you need to take a step further. Then you should be looking at setting up a self directed IRA LLC. In other words, you become in effect the director of a limited company responsible for building your own IRA.

The advantages of this move are immediate and obvious -

Since you effectively become the custodian of the IRA, you will no longer have to pay transaction costs for every move you make with your self directed IRA LLC.

Since you control and handle all the transactions, the custodian for our IRA can be paid a flat annual fee. You can benefit from the lowest IRA custodian fees in the market. It does not matter if you have one million dollars in your IRA or one billion. Your custodial fees are fixed.

You have absolute decision making power - no ifs, no buts, no maybes; you do not have to ask permission of anyone else, you are the decision maker. It really is a truly self directed IRA.

A truly self directed IRA plan can be used as funding for a down-payment for a real estate purchase.

Because it is set up as a limited liability company (LLC), your self directed IRA assets are protected from creditors and litigators. Without the LLC, your retirement funds could be directly exposed to a frivolous lawsuit.

Investment Variety

You can benefit from massively extended range of investment choices; of course, you can still choose to invest in the traditional choices of stocks and mutual funds, but other choices include real estate, tax liens, tax deeds, options - any legitimate business investment opportunity that doesn’t breach IRS rules (which is most of them)

Having such a wide range of choices enables you to diversify your holding; essentially, you reduce your risks by spreading your investments over several choices (the opposite of putting all your eggs in one basket)

You can invest in international or foreign real estate in such places as Costa Rica with your IRA - LLC without asking for your custodian’s permission.

Finally, moving to an IRA LLC is an affordable choice for almost everyone; it is estimated that it is less than a half of the cost of having an IRA facilitator

In short, your self directed IRA LLC is a truly self directed IRA because it maximizes your ability to control how your IRA is invested. You are no longer limited by other’s choices, investment options or company policies. It is your IRA, your way.

But, as with everything in life, there is a downside - at least, potentially.

I have already hinted that traditional financial advisors are not best placed to give advice on other kinds of business investment such as real estate. They will have a good understanding of stocks and shares. Would you ask your dentist to do an angioplasty? By the same token, a traditional advisor will not know how to leverage the best deals in real estate or in other kinds of business investment.

It is important therefore that you choose an IRA advisor who can help you structure complex IRA and real estate entities, evaluate investment opportunities and avoid infringing on the self directed IRA rules in setting up investments.

Consequences of setting up your IRA-LLC incorrectly: “Internal Revenue Service could step in and simply disqualify the IRA, resulting in huge tax bills along with additional penalties for account holders who are younger than age 59?. A lot of people are going to get themselves in trouble and wind up losing their IRAs over this,” says Ed Slott, an IRA consultant.” (Wall Street Journal, You Did What With Your IRA?, author Kelley Greene, October 15, 2005).

Investing in a single property is no more difficult than buying your own home. Where real estate deals become complex is when you are seeking to fund developments, real estate lots, buying into apartment communities or other larger scale investments. This is where extensive knowledge of self directed IRA rules is paramount. Only someone with a strong background in real estate can supply these skills.

Rehabilitating residential real estate is a good example of where things can go wrong - badly. How can you tell a genuine opportunity from a poor deal? How do you know how much to invest in rehabilitating a property? Too often, people with little experience in the area spend over the odds on a property and fail to realize a return on their investment. Effectively, they pour money down the drain.

As well as a lack of familiarity with the business, without a solid knowledge of self directed IRA investment regulations, you could end up facing stiff penalties (up to 10 % plus taxes) or even disqualify your retirement altogether. As much as 50% of your IRA could disappear due to an unintentional violation.

Basically, once you set-up your IRA-LLC correctly, it comes down to being careful of whom your IRA does business with and who benefits.

You as the IRA owner cannot live in an investment owned by the IRA.

You cannot directly or indirectly buy, sell, or lease property between the IRA and a disqualified party except in cases where this is exempted.

Your IRA is not allowed to transaction business with your spouse, lineal descendants or their spouses (i.e. your grandparents, children, grandchildren, son-in-law, daughter-in-law, step-children) as they are considered disqualified persons. However, you can do business with your brother or sister, their spouses, nieces, nephews, cousins, aunts or uncles, which are relatives more distantly related to the IRA account. For example, if your IRA purchased a holiday home, your brother and his family could stay there for a holiday, but you could not.

You cannot take real estate property you already own or occupy and stuff in your IRA, even if you sell the properties to the IRA at fair market value (FMV). If you have to liquidate a portion of the IRA’s ownership in the property at the time of required minimum distributions - 70 ? in order to remain IRS compliant - you can do so incrementally. In doing so, the portion that is sold off can be taken as an IRA distribution.

You cannot extend personal credit to your IRA. For example, if wanted to use your IRA as a down payment on an investment property, then you could not personally acquire a loan in your name, take title to a property owned by your IRA. However, there are financing strategies that combine debt financing and your IRA and there are competent lenders who understand the IRA - LLC.

Investing in collectibles is a no-no. You cannot invest in artwork, antiques, rugs or a purchase a 10 carat marquise diamond ring for your spouse or your fianc? and pass it of as an investment.

Real Estate Financing and your IRA

Where you use a non-recourse loan to help purchase your investment because you do not have enough money in your IRA to do so, you may also face a tax known as Unrelated Debt Financing. But this can be mitigated through long term property holding where your use the property as a rental and the debt goes down. If you are terribly concerned with UBIT, then partnering with another IRA holder or a non-disqualified party who puts up the remaining cash could be the best way to eliminate UBIT all together. To learn more about pooling IRA holders together for larger real estate deals visit http://www.GroupDominion.com.

In order to defer UBIT you can decide to 1031 exchange the UBIT part of the transaction forward to another investment property and by doing so reap the benefits of both worlds: receive tax deferment through the 1031 exchange on the indebted portion and tax deferred benefits on the gain in the self directed IRA when you decide to exchange the property.

In addition, because the IRA is already a tax favorable vehicle, your IRA cannot receive additional tax deductions or depreciation as you would if it was your own home.

Picking the Right Self Directed IRA Advisor

With the assistance of a competent self directed IRA advisor, you can petition the IRS successfully and structure your real estate transactions so that you can make your real estate purchase outside the IRA. By doing so, prohibited transactions go away, UBIT goes away; you can receive personal benefit from the investment property, take title personally to an investment property without infringing on the rules and without facing stiff IRS penalties. In short, there are cons as well as pros to using self directed IRA LLCs, but choosing the right advisor will help you steer clear of the sandbanks.

About the Author

Joshua Geary with Asset Exchange Strategies is an avid writer, business strategist and online marketing consultant. For more information on self directed ira real estate investing visit the link.

Private Money For Real Estate Investing - Your Elevator Speech

July 21, 2009 by Kenny Santos  
Filed under Real Estate Investing

You?ve bought a few properties, and tied up most of your available cash and credit. If you want to continue acquiring properties, what do you do? You simply must find an alternate source of funds, and the best one I know of is private money for real estate investing. The first step is to create your ?elevator speech? for private money prospects.

An elevator speech is nothing more than a pitch, or short synopsis, of what you do and why you do it. In the case of a playwright, an elevator speech would be a pitch aimed at producers, explaining the play and why it should be produced. For an entrepreneur, the elevator speech would be a sixty second briefing on his or her business idea, designed to obtain funding or some other support from the listener.

In the same way, for you ? the real estate investor ? the elevator speech is a brief talk explaining that you are looking for private money for real estate investing, who you are looking for, and how you will use the money.

To be successful, your elevator speech will accomplish three things in the time it takes to brush your teeth? and you?ll do it in a manner that sounds more like a conversation than a speech about private money for real estate investing.

First, you?ll gain your listener?s attention. The best way to do this is usually with a question that touches an emotion, such as, ?Are you seeing a safe, reliable ten to twelve percent return on your retirement funds or savings?? Watch their ears perk up, and the blood start pumping into their cheeks! You?re one small step closer to another source of private money for real estate investing.

Next, you need to stimulate their interest. You do that with information. ?If you?re not seeing those kinds of consistent returns, we?ve created a real estate investing partnership that buys houses for cash, using a group of private lenders. We pay ten to twelve percent on notes secured by the real estate. If that interests you, I?d be happy to share the details with you?? Pause? wait for it? wait for it! There it is, your listener?s eyes are bright and keen, and they?re leaning forward in rapt interest. You can sense that more private money for real estate investing has inched it’s way closer to your bank account.

Finally, it?s time to fulfill their desire. You do that by closing the sale, in this case with an appointment to give them more information. You can do that either one-on-one, or at one of your ?Private Money For Real Estate Investing? seminars. Either way, don?t let them get away without securing a definite appointment, or at least permission for you to phone them to set one up.

Here?s how the close might sound: ?If you?d like all the details, we?re hosting a small luncheon for interested investors on Saturday at noon at Pat?s Villa on Sundance Trail. It will be informational only, and there?s no obligation to invest. Here?s a ticket, can I expect to see you there??

Make eye contact, and hold the ticket out to them (yes, you should always have tickets with you!). Don?t release the ticket until they answer your question. You want some definite answer, even if it?s a no. Better that you know they are not interested than moving forward hoping they are. This way, the space at your seminar will remain free for someone who IS interested.

You?ve gained their attention, stimulated their interest, and fulfilled their desire for more. Do this consistently and private money for real estate investing will begin flowing in your direction? first as a tiny rivulet, then a gushing stream, and finally a mighty river. So, write your elevator speech down now and start practicing it.

Ahh, the sound of money trickling in your direction. You can do this? I know you can! For more information, read my article Private Money For Real Estate Investing.

Now, go make more offers!

Crush The Biggest Obstacle to Your Success in Real Estate… or Anything Else! Download my FREE report HERE!

Tom Dunn is a successful real estate investor and author of the popular DealFiles Real Estate Investor Stories free newsletter. You are welcome to share this report, unedited and in it’s entirety, with anyone you like. You may not remove this text. ? 2007 by Tom Dunn. Website: http://www.dealfiles.com e-mail: tom@dealfiles.com