Using a Self-Directed IRA for Hard Money Lending

IRA Financial, the leading provider of Self-Directed IRA LLC and Solo 401(k) Plan solutions, announces a specially designed Self-Directed IRA LLC solution for hard money lenders looking to generate tax-deferred or tax-free returns. Because most financial institutions continue to require solid credit scores and spend weeks reviewing financial statements, tax returns, and business plans, there is a growing need for quick financing for many individuals, small businesses, and investors, especially real estate developers, and builders for their real estate projects. As a result, IRA Financial designed a special Checkbook Control Self-Directed IRA LLC program designed specifically for hard money lenders.

As a result of the very strong demand from hard money lenders to have more control over the loan process, we have developed a special Self-Directed IRA LLC solution specifically tailored for the hard money lender investor. Because of the very limited amount of financing available to most individuals and small businesses, many hard money lenders are eager to use their IRA or 401(k) funds to make loans and generate tax-deferred income or gains.

A Self-Directed IRA LLC offers one the ability to use his or her retirement funds to make almost any type of investment on their own without requiring the consent of any custodian or person in a tax-efficient manner. The IRS only describes the types of investments that are prohibited, which are very few. The main advantage of using a Self-Directed IRA LLC to make hard money loans is that the loan can be made by simply writing a check. In addition, all income and gains associated with the Self-Directed IRA hard money loan would grow tax deferred.



With IRA Financial Group’s Self-Directed IRA hard money lending solution, traditional IRA or Roth IRA funds can be used to make secured or unsecured private loans to small business owners or home builders.

The Self-Directed IRA for hard money investors is an IRS-approved structure that allows one to use their retirement funds to make hard money loans, either secured or unsecured, to any non-disqualified third party by simply writing a check. The Self-Directed IRA LLC involves the establishment of a limited liability company (“LLC”) that is owned by the IRA (care of the IRA custodian) and managed by the IRA holder or any third party. As manager of the IRA LLC, the IRA owner will have control over the IRA assets to make traditional as well as non-traditional investments, such as hard money loans by simply writing a check.

Additionally, a Solo 401(k) can be used for hard money loans.

IRA Financials Solo 401k allows you to use your retirement funds to invest in all types of debt instruments and products directly from your mobile device or PC securely and cost-effectively. You no longer need a third-party custodian involved in every aspect of your investment transaction. Buy, sell, or exchange notes on your own directly from a mobile device or PC with IRA Financial’s Solo 401(k). Rollover, deposit, or transfer funds between your investment and 401(k) seamlessly and without delay.

Learn More: Tips for Making Investment with a Solo 401(k)

Why Notes/Hard Money Loans

In general, a note (or promissory note as it’s often called) is simply a promise to pay. Anytime one lends a third-party money, a document is created that dictates the terms of the loan that says you will pay someone back. A note can either be secured or unsecured. Some examples of common notes are:

  • Mortgage Loans
  • Personal Loans
  • Business Loans
  • Real Estate Loan (Hard Money Loans)
  • Treasury Notes
  • Peer-to-Peer Loans

Related: Tips for Making Investments with a Solo 401(k)

Secured or Unsecured Notes

When it comes to notes, it’s important to understand the idea of secured vs. unsecured notes.

A secured note essentially means that if someone defaults on the loan, the lender receives something in return as payback. The note is “collateralized.” In the case of a mortgage, the loan is collateralized against the actual home. If you default on your mortgage payments, the bank will foreclose on the property and take ownership.

On the other hand, if you fail to repay a non-secured-backed note, the lender has no legal recourse against the borrower. No collateral is repossessed or foreclosed.

Therefore, when making note investments with a Solo 401k, it is important to consider whether the loan will be secured or unsecured. Clearly, a secured loan offers the borrower more security and protection in the case of a borrower default.

Learn More: Alternative Investments in an IRA

Hard Money Loans

A hard money loan is simply a loan that is backed or secured by an asset, such as real estate. For example, a real estate developer who wants to develop a property seeks out investors to help finance the project. Since 2008, for many small real estate developers or general partners, acquiring bank financing in these circumstances still remains quite difficult.

Hence, the real estate developer or general partner may then look to secure a loan from a hard money lender, such as a solo 401(k) investor who is willing to give them the money that is secured by the underlying real estate asset(s) connected with the real estate project. If the borrower defaults on their loan, the lender would have the legal rights to the real estate secured by the loan.

Related: Gold IRA Rollovers

Peer-To-Peer Loans

The Peer-to-peer lending industry has increased in popularity significantly over the last 10 years. Peer-to-peer lending platforms such as Lending Club and Prosper allow investors to invest in notes offered by the site.

Under a traditional peer-to-peer lending platform, borrowers are matched directly with investors through a lending platform. Investors can see and select exactly which loans they want to fund. Peer-to-peer loans are most commonly personal loans or small business loans. The majority of peer-to-peer loans are not secured, or asset-backed.

Small Business Loans

When small business or start-up businesses need working capital or seed capital, it is common to look for investors to either invest in the company in the form of equity (stock) or debt (loan). In most cases, if a small business cannot acquire financing through a bank they may have to seek out private investors, such as solo 401(k) investors. Small business loans can either be secured or unsecured.

Tax Advantages

The advantage of using retirement funds to invest in notes or hard money loans investments is that all the income and gains generated by the debt investment would not be subject to any tax or penalty. Instead of paying tax on the returns, such as interest, associated with the debt investment, tax is paid at a later date, leaving the investment to grow unhindered. Using a pocket 401k for notes/loans is tax advantageous. The tax on the interest payments can be deferred in the case of a pre-tax 401(k) or exempted permanently in the case of a Roth 401(k).

In addition, solo 401(k) investments are made when a person is earning higher income and is taxed at a higher tax rate. Withdrawals are made from an investment account when a person is earning little or no income and is taxed at a lower rate.

Why You Need a Solo 401(k) to Invest in Notes/Loans

Unfortunately, none of the major financial institutions will allow you to use 401(k) plan funds to invest in Notes/Loans or essentially anything outside of Wall Street. The reason for this is simple. Banks do not make money when you invest in non-traditional equities, such as private loans. They make money when you buy stock, mutual funds, and other financial products they market. As a result, a large number of individuals are turning to a Solo 401(k) to invest in notes or other debt instruments.

Unrelated Business Taxable Income

In general, almost all retirement account investments generating passive income will not be subject to Unrelated Business Taxable Income (UBTI or UBIT) or Unrelated Debt Finance Income (UDFI) Tax.

The UBTI tax is only triggered if:

  • Retirement account uses margin to buy stock
  • Retirement account invests in an active business through a passthrough entity, such as an LLC

The UDFI tax is triggered if:

  • A 401(k) uses a non-recourse loan (real estate acquisition financing to purchase real estate)
  • Exemption for 401(k) plans

    • IRC 514(c)(9)

The UBTI & UDFI Trigger the Same Tax Rate

The UBTI and UDFI trigger the same tax rate, which is a maximum of 37% for 2019. Therefore, if you plan to invest into loan/debt related investments using a Pocket 401k and the underlying investment will not involve an investment into a business operated via a passthrough entity, such as an LLC, has debt or margin, then the UBTI tax rules will likely not be triggered.

Your IRA Financial assigned specialist will help you understand the potential application of the UBTI/UDFI tax rules and potentially reduce or eliminate it.

Act Quickly on Investments

With a Solo 401(k), you will have the power to act quickly on a potential investment opportunity. When you find an investment that you want to make with your 401(k) funds, as manager of the Checkbook LLC, simply write a check or wire the funds straight from your Solo 401(k) LLC bank account. The Pocket Real Estate 401(k) allows you to eliminate the delays associated with a custodian, enabling you to act quickly when the right investment opportunity presents itself.

In addition, with the Solo 401(k) structure, all income and gains from 401(k) investments will generally flow back to your LLC tax-free. Because an LLC is treated as a pass-through entity for federal income tax purposes and the 401(k), as the member of the LLC, is a tax-exempt party pursuant to Internal Revenue Code Section 408, all income and gains of the LLC will flow-through to the 401(k)tax-free!

What is the Solo 401k?

IRA Financial’s Solo 401(k) is an IRS approved structure that allows one to use his or her retirement funds to make debt and other investments tax-free and without custodian consent. Our Solo 401(k) involves the establishment of a limited liability company (“LLC”) that is owned by the 401(k) (care of the custodian) and managed by you or any third-party. As manager of the LLC, you will have control over the 401(k) assets to make the investments you want and understand – not just investments forced upon you by Wall Street.

How it Works:

  1. Establish solo 401(k) with IRA Financial & Capital One online though our mobile app
  2. Your 401(k) cash/assets can be rolled over to IRA Financial Trust tax-free directly from our mobile app
  3. The 401(k) assets will then be transferred to the LLC tax-free in exchange for 100% interest in the LLC
  4. As manager of the LLC, you will open a bank account for the LLC at any local bank. IRA Financial will draft an LLC Operating Agreement identifying you as manager of the LLC and the 401(k) as the sole member
  5. You, as manager of the LLC, will then have checkbook control over all the assets/funds in the LLC to make the debt/note investment

Because the LLC is owned 100% by a 401(k), it will be treated as a disregarded entity for tax purposes. There is no need to file a federal income tax return and all income and gains will flow back to the 401(k) without tax.

With our Solo 401(k), you will have the power to act quickly on a potential investment opportunity. When you find an investment that you want to make with your 401(k) funds, as manager of the Checkbook LLC, simply write a check or wire the funds straight from your Solo 401(k) LLC bank account. The Pocket 401(k) allows you to eliminate the delays associated with a custodian, enabling you to act quickly when the right investment opportunity presents itself. In addition, with our Solo 401(k) structure, all income and gains from investments will generally flow back to your LLC tax-free. Because an LLC is treated as a pass-through entity for federal income tax purposes and the 401(k), as the member of the LLC, is a tax-exempt party pursuant to Internal Revenue Code Section 408, all income and gains of the LLC will flow-through to the 401(k) tax-free!

The following debt investments have been popular with our solo 401(k) clients:

  • Hard money loans to real estate investors – secured
  • Hard money loans to real estate investors – unsecured
  • Private business loans
  • Peer-to-peer loan platforms
  • Mortgage notes

Did you know a Solo 401(k) also allows you to invest in real estate, cryptocurrencies and more! Contact us today to learn more.


Flip Homes Tax-Free with a Solo 401(k)

Since the creation of the Solo 401(k) Plan back in the early 1980s, the IRS (Internal Revenue Service) has always permitted a Solo 401(k) to purchase, hold, or flip real estate. By using a Solo 401(k) (also known as a Self-Directed 401(k) Plan or Individual 401(k) Plan) to buy real estate, you will be able to purchase:

  • Raw land
  • Domestic or foreign real estate
  • Residential or commercial property
  • Flip homes

You can do much more tax-free and without requiring custodian consent.

Flipping a Home is as Simple as Writing a Check

With a Solo 401(k) Plan, flipping homes or engaging in a real estate transaction is fast and simple. As trustee of your Solo 401(k) Plan, you will have the authority to make real estate investment decisions on behalf of your 401(k) Plan. In other words, you don't need the consent of a custodian. One of the true advantages of a Solo 401(k) Plan is that when you want to purchase a home with your Solo 401(k), you can make the purchase, pay for the improvements, and even sell or flip the property on your own.

One important advantage of purchasing real estate with a Solo 401(k) Plan is that all income and gains are tax-deferred until a distribution is taken. Distributions are not required until the 401(k) Plan participant turns 73. In the case of a Roth Solo 401(k) Plan, all gains are tax-free.

Related: Solo 401(k) for Real Estate

Flip Homes without Requiring the Consent of a Custodian

A Solo 401(k) Plan is the most efficient and cost-effective vehicle for doing house flips with retirement funds. With a Solo 401(k) Plan, you will be able to use your 401(k) funds to purchase real estate and engage in flipping homes tax-free and without custodian consent. A traditional 401(k) Plan custodian (financial institution) will not allow you to purchase real estate using your retirement funds. Therefore, in order to have the ability to engage in house flipping transactions using retirement funds, a Solo 401(k) Plan is the answer.

Control the Entire House Flipping Transaction

Unlike a conventional 401(k) Plan which requires custodian consent and requires high custodian fees, a Solo 401(k) Plan will allow you to buy real estate by simply writing a check. With a traditional custodian controlled Solo 401(k) Plan, you will have total control to make a real estate purchase, pay for improvements, and then sell the property without ever talking to the custodian.

Since all your 401(k) funds will be held at a local bank in the name of the Solo 401(k) Plan, all you need to do to engage in a house flipping transaction is write a check straight from the Solo 401(k) Plan account. Or you can simply wire the funds from the Solo 401(k) Plan bank account. So, you don't need to ask a custodian for permission or have a custodian sign the real estate transaction documents.

Read: Not All Solo 401(k) Plans Are The Same

Use a Solo 401(K) Plan and Flip Homes Tax Free

One major advantage of flipping homes with a Solo 401(k) Plan is that all gains are tax-deferred until a distribution is taken. In the case of a Roth Solo 401(k) Plan, all gains are tax-free. Therefore, all gains attributable to the house flipping transaction will flow back to your Solo 401(k) Plan tax-free.

IRA Financial will take care of setting up your entire Solo 401(k) Plan structure. We can handle the entire process by phone, email, fax, or mail. It typically doesn't take longer than 2-10 days to complete. However, the timing largely depends on the existing custodian holding your retirement funds. Our 401(k) Plan experts and tax and ERISA professionals are onsite greatly reducing the setup time and cost.

Did you know a Solo 401(k) plan also allows you invest in alternative assets including cryptocurrency, precious metals, hard money loans, and more! Contact us to learn how to get started today!


Beginner's Guide to Alternative Investments

Key Points

  • Alternative investments are assets outside of traditional markets, like stocks and equities.
  • They are less liquid than traditional investments, which makes it more difficult to bail when the investment goes south.
  • If you choose to purchase alt assets, use a self-directed retirement plan, like the Self-Directed IRA.

Alternative Investments

Alternative investments have grown in popularity over the past ten or so years, but it's true that they aren't for everyone. Alternative investments are more complex in nature and illiquid when compared to traditional investments and, thus have historically been held by accredited investors whose annual income exceeds $200,000. This remains true with some investments like hedge funds and private equity funds, which are less accessible to small investors. But not all are limited to accredited investors, or difficult to access as a small investor. Many alternative assets are popular among investors because they are easier to understand than investments within the stock market. Furthermore, the rise of Cryptocurrency has helped alternative investments become more accessible to individuals, regardless of income.

What are Alternative Investments?

Alternative investments are assets outside of traditional/conventional markets, such as stocks, bonds, or mutual funds. Some popular alternative investments include real estate, which is often classed as an alt asset; cryptocurrency; and private business/placements. Because these investments do not move in the same direction as the traditional markets, they tend to perform better when traditional investments are down. Due to their lack of correlation, it is highly advised to ensure your investment portfolio isn't lacking in either investment type. This is the number one characteristic of alternative assets that makes them a good investment: investment portfolio diversity.



Here at IRA Financial, we see a broad range of alternative asset investments.  These range from the typical (real estate and precious metals) to the obscure (racehorses and dairy cows).  As long as it’s not prohibited by the IRS, you can invest in just about anything.  Prohibited investments include life insurance, most collectibles and those that involve a disqualified person.  By self-directing your retirement plan with a Self-Directed IRA or Solo 401(k) and even a Self-Directed Coverdell ESA or Health Savings Account, you too, can invest in alternate assets. The most common alternative investments individuals hold in retirement accounts include real estate, precious metals, private businesses, hard money loans, and Cryptocurrencies.

Real Estate

Easily the most popular alternate asset investment we see is real estate.  Real Estate investments can include commercial spaces, apartments buildings, raw land, fix and flips, etc.  From what we have seen, most people who invest in real estate with retirement funds have deep backgrounds in the business.  Ever since the housing bust of the mid 2000’s, the real estate market has been, for the most part, a solid investment.  Using a self-directed retirement account to invest in real estate is a great way to earn passive income, such as rental income, to build your nest egg.  The use of a Real Estate IRA has become one of the most popular ways to invest.

Precious Metals

Quite possibly the hallmark of alternative asset investments is precious metals.  Everyone knows how valuable gold, silver, platinum, and other metals are.  They’re generally a safe bet as well.  The reason being is that metals are not affected by inflation, they’re easy to convert into cash, they’re the go-to source during financial and political unrest and they can be invested in with ETFs, or exchange traded funds.  Further, metals are recognized and accepted all over the world.

Private Businesses

More and more people are looking at their retirement funds to invest in themselves.  By utilizing IRA Financial’s IRS-approved ROBS solution, you can use your 401(k), IRA or other account funds to invest in your own business.  Who doesn’t want to work for themselves?  The ROBS solution allows one to rollover current funds into a new 401(k) plan that will be used to fund your business.  If you are confident in your ability to start and run your own business, you should look into it.  That way, you control your own financial destiny (not the government or big business).  Check out our recent article about the Pros and Cons of ROBS!

Hard Money Loans

Hard Money Loans, also known as Peer-to-Peer lending, as become an increasingly popular alternative asset investment.  As you may know, traditional loans are becoming harder to obtain.  Further, the process can drag on for weeks.  Moreover, you need great credit and proof that you can pay off the loan.  What if you don’t meet the necessary criteria for a bank loan OR you need your money faster?  That’s where a hard money loan comes into effect.  One can use his or her retirement funds to lend you the money you need, regardless of credit, in a timely fashion.  Generally, these types of loans are used for real estate ventures.  The property is then used as collateral for the loan.

Cryptocurrencies

Believe it or not, cryptocurrencies are still a quite popular alternative asset investment. The most famous crypto, Bitcoin, has been on a wild ride since its inception. This hasn’t stopped investors’ belief that cryptos are an emerging market. Cryptos are not backed by any bank but instead, use technology as the driving force of digital currency. Obviously, this is the riskiest investment on this list. However, big risks can lead to big rewards. Just ask anyone who invested in Bitcoin early on!

Benefits of Alternative Assets

1. Diversification

In general, most Americans have an enormous amount of financial exposure to the equity markets. Whether it is through retirement investments, such as IRAs or 401(k) plans, or personal savings, many of us have most of our savings connected to the stock market. In fact, over 90% of retirement assets are invested in the financial markets. With over $30 trillion in retirement assets as of 2021, you can see the scope of that exposure. Investing in non-traditional assets offers a form of investment diversification from the equity markets.

Additionally, the more diverse your portfolio, the greater chance that your assets will offer lower correlation. In other words, they are less likely to move in the same direction. However, diversification does not assure profit or protect against loss. Nevertheless, the use of non-traditional asset classes can help protect your portfolio when the market is down. It can also help protect you from losing more than the market.

2. Invest in Something You Understand

Many Americans became frustrated with the buoyancy of the equity markets. Many Americans have yet to recover from the market swings and they aren’t 100% sure what goes on in Wall Street or how it all works. Real estate, for comparison, is often a more comfortable investment for the lower and middle classes. You may relate. You most likely grew up with the understanding of such investments. Whereas the upper classes learn about Wall Street and other securities during their younger years and college days.

We all hear talk about the importance of owning a home or the amount of money that you can make by owning real estate. Reality TV related real estate programming is growing in popularity, and this is contributing to real estate becoming a mainstream asset category. It’s also rising as one of the most trusted asset classes for Americans. Of course, it isn’t without risk, because there are no risk-free investments. However, many retirement investors feel more comfortable understanding the real estate market and buying and selling real estate than they do stocks.

3. Inflation Protection

Rising food and energy prices, along with high federal debt levels, have recently fueled new inflationary fears. As a result, some investors may look for ways to protect their portfolios from the ravages of inflation. It is a matter of guesswork to estimate whether these inflation risks are real. However, for some retirement investors, protecting retirement assets from inflation is a big concern. Inflation can have a negative impact on a retirement portfolio because it means a dollar today may not be worth a dollar tomorrow. It also increases the cost of necessities that are vital to live and enjoy life, such as bread, gas, shelter, clothing, medical services, etc. This decreases the value of money so that goods and services cost more.

For example, if someone has an IRA worth $150,000 at a time of high inflation, that $150,000 will be worth significantly less or have significantly less buying power. This can mean the difference between retiring and working the rest of your life. Buying hard assets are seen as one way of protecting your assets against inflation. Many investors recognize that investing in commercial real estate can provide a natural protection against inflation. As you may know, rent tends to increase when prices increase. This acts as a hedge against inflation.

4. Hard Assets

Many alternative assets, such as real estate and precious metals are tangible hard assets. In other words, you can see and touch them. With real estate, for example, you can drive by with your family, point out the window, and say, “My IRA owns that”. For some, that’s important psychologically. This is especially the case in times of financial instability, inflation, or political or global upheaval.

Cons

As with every investment, there are risks and the same applies to alternative investments. Here are some of the most common cons of alternative investments.

Illiquid: Alternative assets are less liquid than their traditional counterparts, meaning it will be more difficult to exit the investment if it moves south. For example, real estate is an illiquid investment because of the difficulty to sell property quickly. Whereas stocks or mutual funds can be sold very quickly, with many investors willing to make the purchase.

Volatile: Some alternative investments are hard to predict, due to their unstable prices. For example, cryptocurrencies such as Bitcoin are considered "volatile" investments. While there is high reward, there is also high risk when making crypto investments. Real estate is another "volatile" investment, as witnessed during the 2008 financial crisis.

But not all alternative investments are considered volatile. Gold is often considered a safe investment, particularly during times of political and economic turmoil. There can be volatility in any investment you purchase, and these days, alternative investments are seen as a buffer against stock market volatility.

Complex: It is often said that alternative investments are more complex. This is true of some assets, but not all. For example, many investors turn to real estate because it is an investment they understand and trust more than stocks and bonds. Whereas hedge funds are more complex because investors employ high-risk methods to generate large gains.

Buying Alternative Investments with IRA Funds

Many people are unaware that they can purchase alternative investments with their retirement funds. Walk into a financial institution, such as Fidelity, and ask to set up a Self-Directed IRA. It’s unlikely that the institution will allow you to open a Self-Directed retirement account because they don’t make money this way. In other words, when you withdraw your funds and invest in a third-party for alternative assets, they gain no financial benefit from this transaction. Financial institutions make their money by selling the products and services that only they provide. However, you will have great success opening your SDIRA at a company that specializes in Self-Directed retirement plans, like IRA Financial. These companies serve as the Custodian of the Self-Directed IRA investments, and its specialists can often ensure that you don’t violate IRS (Internal Revenue Service) regulations. Furthermore, companies like IRA Financial can help you decide what type of retirement account works best for your individual situation. For example, if your self-employed, own a small business, and have no full-time employees, a Solo 401k may work best for you. However, if you want checkbook control, which is the ability to write checks without custodian consent, a Self-Directed IRA LLC may work best for you. Regardless of your situation, IRA Financial has a team of dedicated professionals willing to help you identify what type of retirement account works best for you.

Read More: Solo 401(k) Eligibility

Alternative Assets and Tax Benefits

In addition to the four main reasons investors are looking to use a SDIRA to make alternative asset investments, the tax benefits may be the most attractive.

Tax deferral literally means that you are putting off paying tax. The most common types of tax-deferred investments include those in IRAs or Qualified Retirement Plans, like a 401(k). Tax-deferral means that all income, gains, and earnings, will accumulate tax free until the investor or IRA owner withdraws the funds. As long as the funds remain in the retirement account, they will grow tax-free. This allows your retirement funds to grow at a much faster pace than if the funds were held personal. As a result, this allows you to build for your retirement more quickly.

Additionally, when you withdraw your IRA funds in the form of a distribution after you retire, you’ll likely be in a lower tax bracket and be able to keep more of what you accumulated. So, with using a Traditional IRA as a retirement savings vehicle, not only are you not paying taxes on the money you invested, you could be paying them at a lower rate when you finally “take home” your money. In other words, as long as the funds remain in the account, they grow without taxes eroding their value. This enables assets to accumulate at a faster pace. This gives you an edge when saving for the long term.

Roth IRA

A Roth IRA will allow a retirement account holder to generate tax-free growth in their Self-Directed Roth IRA. All income from the Self-Directed Roth IRA or Roth 401(k) plan will be exempt from tax. However, the Roth account must be open for five years and the Roth account holder must be over the age of 59 1/2. Under these rules, you pay no tax on the distribution amount. That means you can invest in alternative assets, such as real estate and cryptocurrencies, and never pay tax on any of the gains.

Learn More: Types of Self-Directed IRAs

Whether you have a Traditional or Roth IRA, or a Self-Directed plan, you know that you should contribute to your retirement, make regular payments, and have a solid goal in mind. Do you have a goal to retire around the world, but don’t know where to begin? Time to think about what you want to do (and how to do it) when you don’t have to do anything.

Retire Around the World

Traveling around the world is a legitimate goal for many people, especially once retirement kicks in and the daily grind no longer beckons. But living a nomadic life, or one where you’re away more than you’re home comes with unique challenges.

So how do you plan for it?

1. Know Your Retirement Goal

Do you want to travel around the whole world, or just part of it? Seeing everywhere in the United States is the goal of a lifetime, so decide if you want to see highlights at home or abroad. Painted desert, big city buildings, fog rolling in on the bay? All of these are possible if you plan early enough and put away enough money.

Or do you want to travel and see castles in Europe? Ireland, Romania, Germany? Or travel on your taste buds to treat your taste buds to every continent?

Get a sense of what you’re looking to experience, so you can plan to have your money last as long as your sense of adventure.

Is there a particular country you want to live in during retirement? Here’s a little tip: use your retirement funds to invest in a property in your dream country, and generate a steady income by renting it out. By the time you reach retirement age, you can finally live in that property! Just make sure you know of the potential tax consequences, particularly UBIT tax.

2. Know Your Interests

Are you looking forward to buying an RV and driving up and down the coasts? Or are you looking forward to traveling by 4×4 on a wildlife photography safari?

Planning your travel is more than just picking cities on a map, and planning your retirement adventures has to be more than just wishful thinking. As you’re planning travel for the rest of your life, or a significant portion of it, it pays to pay attention to your tastes so you can really map out where you want to go and what you want to do.

3. Know Your Preferences

Do you like to stay in a bed & breakfast when you travel? Is your idea of travel incomplete without a five-star hotel experience? If you’re taking in castles, will you want to stay in them? If you’re seeing small villages, will they be day trips from your hotel, or will you be experiencing life as a local?

Again, if you know what your preferences are, you can plan out your retirement journey to coincide with your tastes. You can also decide where you’ll want to save money or splurge.

4. Know your Options

It’s important to know what you need to do to get where you want to be. If you hate flying, but really want to travel the world, it might behoove you to get over your fears. If you want to see the world but only want to travel by cruise ship, you’ll need to know what your itinerary can look like.

5. Know your Expenses

If you have big dreams, talk to a financial advisor or do your own research, and put money towards your dream. No one wants to get to retirement and have a five-star dream but a living-in-your-car reality. If you plan on retiring around the world, it makes sense to start planning early. A life on the go is very different from a week-long trip, and brings its own challenges. You’ll have to look into health care, lodging, communication options for anyone left back home. It’s a lot to think about, and a lot to consider. But saving regularly can help you reach your goal.

Let your IRA work for you through the power of tax-deferral and through the lucrative investments you make over the years. Investing with your retirement funds may seem intimidating, but when you establish an IRA that is self-directed, you can make investments you actually understand, not just the investments within Wall Street. For example, if you’re a savvy real estate investor, why not use your retirement funds to invest in an Air BnB property?

Retirement is the start of a new chapter – so make it the best. Take advantage of these moments to plan for your future. Even if you’re a Millennial and retirement seems like a lifetime away, planning now will make those Golden Years the best of your life.

Conclusion

Alternative investments offer multiple benefits. Before deciding to invest in alternative investments, it is imperative that you identify a Self-Directed IRA or Solo 401(k) custodian. Furthermore, it is important that you ask what types of alternative investments they offer. At IRA Financial, we offer a broad range of alternative investments. However, some Self-Directed IRA companies only allow individuals to invest in Cryptocurrencies or precious metals. Hence, it is important to identify what types of alternative investments you can make before opening a Self-Directed IRA or Solo 401(k).

It is also important to ask your potential Self-Directed IRA or Solo 401(k) custodian about their fees. Many alternative investment companies claim to offer free accounts. Despite this claim, many companies charge account valuation and transaction fees. At IRA Financial, you can invest in countless alternative investments for an annual fee. Avoid transaction fees, valuation fees, and invest in what you know and love. To set up an account, you can download our app, use the get started button, email us at info@irafinancial.com, hit the chat button or calls us at 1-800-472-0646 for any questions you may have.


What Is the Minimum Amount to Invest in Real Estate?

Key Points

  • Real estate investing is the most popular one for Self-Directed IRAs
  • Knowing how much you need makes for easier decisions
  • IRA Financial will handle your Real Estate IRA

What Is the Minimum Amount to Invest in Real Estate with a Self-Directed IRA? The answer is, it depends. Real estate is the most popular investment for Self-Directed IRA investors. The Internal Revenue Code does not describe what a Self-Directed IRA can invest in, only what it cannot invest in. Internal Revenue Code Sections 408 & 4975 prohibits the IRA holder and his or her lineal descendants (“disqualified persons”) from engaging in certain type of transactions that would directly or indirectly personally benefit a “disqualified person”. In other words, a Self-Directed IRA can, generally, make any investment except for collectibles, insurance, or any transaction that does not exclusively benefit the IRA. Below is a partial list of domestic or foreign real estate-related investments that you can make with a Self-Directed IRA:

  • Raw land
  • Residential homes
  • Commercial property
  • Apartments
  • Duplexes
  • Condos/townhomes
  • Mobile homes
  • Real estate notes
  • Real estate purchase options
  • Tax liens certificates
  • Tax deeds

Related: Self-Directed IRA for Real Estate

How Much do you need In An IRA or 401(k) to invest in Real Estate?

There is generally no minimum requirement to make real estate investments with a self-directed IRA.  The key factor in how much is needed to buy real estate is the cost of the real estate asset.

The price of real estate is heavily dependent on the state where the real estate will be located. For example, below are the states with the lowest median home prices according to Zillow.

  1. West Virginia ($107,927)
  2. Mississippi ($127,206)
  3. Arkansas ($129,484)
  4. Oklahoma ($131,080)
  5. Alabama ($140,991)
  6. Kentucky ($148,662)
  7. Ohio ($151,382)
  8. Kansas ($151,970)
  9. Iowa ($153,802)
  10. Indiana ($156,543)

Whereas, the states with the highest median home price according to Zillow.com are:

  1. Hawaii ($615,300)
  2. California ($505,000)
  3. Massachusetts ($381,600)
  4. Colorado ($343,300)
  5. Washington ($339,000)
  6. New Jersey ($335,600)
  7. Maryland ($314,800)
  8. New York ($313,700)
  9. Oregon ($312,200)
  10. Utah ($279,100)

Most Self-Directed IRA investors use cash to make a real estate investment.  With a Self-Directed IRA, all real estate income and gains would flow back to the IRA without tax.  This is known as tax deferral.  However, if a Self-Directed IRA investor does not have enough cash to make the investment, the IRA investor has a number of options:

  1. Partner with a non-disqualified person: IRC 4975 does not allow an IRA investor to transact with a disqualified person.  Hence, a Self-Directed IRA should not partner in a real estate transaction with themselves or any lineal descendant or entity controlled by such persons.
  2. Acquire a nonrecourse loan from a non-disqualified person: IRC 4975 does not allow one to personally guarantee an obligation of their IRA.  Hence, one cannot use a traditional mortgage in connection with a Self-Directed IRA investment.  However, a Self-Directed IRA investor can get a non-recourse loan, which is a loan not personally guaranteed by the IRA owner.  Nevertheless, the use of a nonrecourse loan associated with an IRA real estate investment could trigger a tax called the unrelated business taxable income tax or UBTI/UBIT.  The UBTI tax will apply on the debt-financed portion of the real estate investment, taking into account a pro-rata share of deductions. 

Related: Alternative IRA Investments

Final Thoughts

The ability to purchase real estate with a Self-Directed IRA is not subject to a minimum requirement or even a set amount.  In general, Self-Directed IRA investors have different real estate investment options based on the type of real estate and its location.  Thus, a Self-Directed IRA investor has a multitude of investing options when looking to use their IRA or 401(k) plan to invest in real estate.


SEP IRA

Self-Directed SEP IRA

The Self-Directed SEP IRA

A Self-Directed SEP IRA is a great way for individuals who are self-employed to establish a retirement account. Contrasting a traditional SEP IRA, a Self-Directed SEP IRA allows individuals to diversify their retirement accounts by investing in alternative assets. The decision to open a Self-Directed SEP IRA allows individuals to diversify their retirement accounts by investing in what they know. However, it is important to note that not all Self-Directed SEP IRA custodians allow individuals to purchase the same assets. Instead, some companies only allow individuals to purchase Cryptos or precious metals. At IRA Financial, your Self-Directed SEP IRA allows you to invest in a wide range of diversified assets.

Read More: Alternative Investments in an IRA

The SEP IRA

The SEP IRA was designed for self-employed individuals and small business owners. This is very similar to the Solo 401(k) but with a few differences. Any contributions you make to a SEP IRA are tax-deductible. Additionally, earnings within the account are tax-free until you make a withdrawal. However, before opening a Self-Directed SEP IRA, it is important to consider its benefits and limitations. For example, did you know you can invest more in a Solo 401(k)? In addition, a Self-Directed 401(k) has unique features such as the ability to take a loan against your retirement funds, and the ability to use non-recourse financing to invest in real estate.

Learn More: Why Choose a Solo 401(k) vs. a SEP IRA

Self-Directed SEP IRA Investments

With a Self-Directed SEP IRA, you can invest in almost anything. Popular investments in a Self-Directed SEP IRA include:

Real Estate:

Commercial properties (office buildings, retail centers, hotels, shopping centers, hospitals, etc.)

Residential properties (single-family homes, multi-family homes, condos, townhomes, duplexes, apartments, vacation homes, etc.)

Raw land, farmland, timberland

Foreclosures and fix-and-flip properties

Crowdfunding investments (e.g., private REITs)

Tax Liens and properties

Private Placements and LLCs:

Invest in private companies, startups, or joint ventures.

Participate in private equity, hedge funds, and venture capital.

Loans and Promissory Notes:

Lend money through hard money loans or peer-to-peer lending platforms.

Precious Metals:

Hold gold, silver, and other precious metals that meet certain purity standards.

Traditional Investments:

Stocks, bonds, and mutual funds

I bonds & T-Bills

Cryptocurrency:

Invest in digital currencies like Bitcoin or Ethereum.

How to Fund a Self-Directed SEP IRA

There are multiple ways that individuals can fund their new Self-Directed accounts. Individuals can easily open an account with IRA Financial through our app, online, or by calling one of dedicated professionals. Individuals who wish to open a Self-Directed SEP IRA can easily begin funding their new accounts by transferring money directly from your bank. In other cases, individuals may want to change IRA custodians. For example, you may already have a Self-Directed SEP IRA with another provider. Individuals have the option to roll their existing Self-Directed IRAs to IRA Financial.

One common reason that individuals decide to move their existing Self-Directed SEP accounts to IRA Financial is due to our fee structure. Although many Self-Directed IRA custodians offer "free accounts," they fail to mention account valuation fees and transaction fees. IRA Financial is one of the few Self-Directed IRA Custodians that use a flat fee structure. This means you pay a pre-established fee annually.

Another common reason individuals decide to move their Self-Directed SEP IRA to IRA Financial is due to the large diversity of assets you can hold in your IRA. Although many companies offer Self-Directed SEP IRAs, some simply offer the ability to invest in Cryptos or precious metals. However, at IRA Financial, you can invest in almost anything. While there are some stipulations on Self-Directed investments, we commonly see individuals use their retirement funds to purchase real estate, hard-money loans, invest in private companies, and more!

Many people ask if they can use their existing retirement accounts to fund a Self-Directed IRA. Individuals can use their existing retirement accounts to fund their Self-Directed SEP IRA or Solo 401(k) plans. The process is called a transfer or a rollover. Transfers and rollovers are types of transactions that allow the movement of assets like IRAs. For example:

  • Traditional IRA to Traditional IRA. This includes Traditional IRAs that contain simplified employee pension (SEP) contributions.

A Self-Directed SEP IRA transfer is the most common method of funding a Self-Directed IRA LLC or Self-Directed Roth IRA.

Transfer a SEP IRA to a Self-Directed SEP IRA

A transfer from a Traditional IRA to a Traditional IRA is one of the most common methods of moving assets from one IRA to another. This includes Traditional IRAs that contain Self-Directed SEP IRA contributions.

A transfer usually occurs between two separate financial organizations. However, a transfer may also occur between IRAs in the same organization. If an IRA transfer is handled correctly the transfer is neither taxable nor reportable to the IRS.

With an IRA transfer, the IRA holder directs the transfer but does not actually receive the IRA assets. Instead, the distributing and receiving financial institutions will complete the transfer.

Basically, in order for the IRA transfer to be tax-free and penalty-free, the IRA holder must not receive the IRA funds in a transfer. Rather, the check must be payable to the new IRA custodian. Also, there is no reporting or withholding to the IRS on an IRA transfer.

https://youtu.be/nVHGIEWGOeA

Self-Directed SEP IRA Transfer Experts & Advantages

At IRA Financial, we are here to help you take back control of your retirement. While other Self-Directed IRA custodians exist, IRA Financial has these distinct advantages:

  1. Expertise: Our team has decades of experience in self-directed IRAs and alternative investments.
  2. Self-Directed IRAs: Break free from the cookie-cutter approach. With our self-directed IRAs, you can invest in real estate, precious metals, private companies, and more.
  3. Education: We empower you with knowledge. Attend our webinars, read our articles, and become a savvy investor.
  4. Personalized Service: No call centers here! When you reach out, you’ll talk to a real person who genuinely cares about your financial goals.

How to Transfer a SEP IRA to a Self-Directed SEP IRA

You receive a retirement tax professional to achieve a Self-Directed SEP IRA. He or she will work with you to establish your new Self-Directed IRA account at a new FDIC and IRS-approved IRA custodian.

Then, the new custodian will request the transfer of your SEP IRA assets from the existing IRA custodian. Of course, they will only do this after your consent. The transfer will be tax-free and penalty-free.

Once the transfer of IRA funds is either complete by wire or check tax-free to the new IRA custodian, the new custodian will be able to invest the IRA assets into the new IRA LLC “checkbook control” structure. With the newly funded IRA LLC, you become the manager of the LLC. This provides you with checkbook control over your retirement funds and investments.

60-Day Rollover Rule for the Self-Directed SEP IRA

Most IRA holders have 60 days from receipt of the eligible rollover distribution from a SEP IRA account to fund the Self-Directed IRA LLC.

The 60-day period starts the day after the individual receives the distribution. Usually, no exceptions apply to the 60-day time period. However, in cases where the 60-day period expires on a Saturday, Sunday, or legal holiday, the individual may execute the rollover on the following business day.

Rollover All or a Portion of your Funds/Assets

If you receive an eligible rollover distribution, you can rollover the entire amount you receive or just a portion. The amount of the eligible rollover distribution that doesn't go into an IRA is generally included in your gross income. As a result, it may be subject to a 10% early distribution penalty if you are under the age of 59 1/2.

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Did You Know?

Your current SEP IRA can be changed over to a Self-Directed SEP IRA structure, tax and penalty-free. And when your new custodian handles all the paperwork, it can be a relatively painless alteration.


Can My Spouse and I Use Our IRAs for a Joint Venture?

With real estate prices rising over the last several years, a growing number of spouses are looking to figure out a way they can combine their IRA or rollover 401(k) funds to buy real estate together. Lucky for them – the IRS permits family members to use their retirement funds in a joint real estate venture investment.  This article will explore how the Self-Directed IRA rules work and the most common ways to engage in a joint venture real estate investment using IRAs with a spouse or other family member.

Key Points

  • Using retirement funds is a popular way to make real estate investments
  • The prohibited transaction rules place limitations on who you can partner with
  • Since a retirement plan is not considered a disqualified person, you and your spouse can each use IRA funds for an investment

What is a Self-Directed IRA?

A Self-Directed IRA is basically a regular IRA that allows its owner to invest in alternative assets, such as real estate. The catch is that your custodian must permit these types of investments. While there are only a handful of investments you cannot make with IRA funds (collectibles, life insurance), it's up to the custodian to choose which investments it will allow.

The other caveat is that you cannot use your IRA investments to benefit yourself (the IRA owner) or any disqualified person. The investments must solely benefit the IRA itself. For example, you cannot own a vacation property in your IRA and use it for personal reasons. This is considered a prohibited transaction.

Your IRA is Not a Disqualified Person

The Internal Revenue Code (IRC) does not describe what an IRA can invest in, only what it cannot invest in. IRC Sections 408 and 4975 prohibit a “disqualified person” from engaging in certain types of transactions.

The rationale behind these rules was a congressional assumption that certain transactions between certain parties are inherently suspicious and should be disallowed.

The definition of a disqualified person extends into a variety of related party scenarios, but generally includes the IRA holder, any ancestors or lineal descendants of the IRA holder, their spouses, and entities in which they holds a controlling equity or management interest.

Code Section 4975(e)(2) does not list a retirement account as a disqualified person in connection with the application of the IRS prohibited transaction rules. In September 2021, a version of the Build Back Better bill was released that contained a provision that would treat retirement accounts as a disqualified person in relation to the retirement account owner, but the bill was not passed.  Hence, one can use multiple IRAs or 401(k) plans in a joint venture directly or via an LLC without triggering the prohibited transaction rules. In addition, since a retirement account is not deemed a disqualified person under the Code, the joint venture can be between the IRAs of disqualified persons, such as a spouse, child, or parent.

Best Ways to Do Joint Venture Real Estate Using a Self-Directed IRA

In general, there are two ways parties can engage in a joint venture to buy real estate with the use of multiple retirement accounts.

Self-Directed IRA

A full-service Self-Directed IRA offers an investor more investment options than a plan from a typical financial institution. A special IRA custodian, such as IRA Financial, will serve as the custodian of the IRA. Unlike a typical financial institution, most IRA custodians generate fees simply by opening and maintaining IRA accounts and do not offer any financial investment products or platforms. With a full-service Self-Directed IRA, the funds are generally held with the custodian, and at the IRA holder’s sole direction, the custodian will invest the funds on your behalf.

For spouses looking to each use a Self-Directed IRA to do a joint venture real estate deal, title to the real estate would need to include each individual IRA.  For example, if John Doe and Jane Doe each used $100,000 to buy a piece of real estate, title to the real estate would be as follows: IRA Financial Trust Company CFBO John Doe IRA 50% & IRA Financial Trust Company CFBO Jane Doe IRA 50%.

In most cases, the joint venture would establish a bank account to receive any rental income or gains from the real estate asset. The funds would then be allocated to each IRA pro rata. Moreover, it is common in these situations to hire a third-party property management company to handle the day-to-day operations of the real estate as well as the allocation of rental income. However, for real estate joint ventures between IRAs, the Self-Directed IRA LLC is the far more popular option.

The Self-Directed IRA LLC

The Self-Directed IRA LLC with “checkbook control” has quickly become the most popular vehicle for investors looking to make real estate investments that require a high frequency of transactions, such as rental properties. Under the Checkbook IRA format, a limited liability company (LLC) is created which is funded and owned by one or more IRAs and managed by the IRA holder. Each IRA owner of the LLC will own a pro rata percentage of the LLC based on the amount of IRA funds invested in the LLC. This plan offers each IRA owner limited liability protection of any IRA assets outside of the LLC.

In addition, the Checkbook IRA LLC structure makes it much easier and cleaner for a joint venture real estate investment since title to the real estate would be in the name of the LLC. All rental income or gains would flow back to the LLC and can then be distributed tax-free to each IRA member pro rata.

With a Self-Directed IRA LLC, the manager(s) of the LLC can make real estate-related decisions and pay expenses without involving the IRA custodian, which is not the case with a full-service plan. In addition, each IRA investor would have a greater degree of privacy since title to the real estate would be in the name of the LLC rather than in the name of each IRA.

However, the one drawback of using an LLC that will be owned by multiple IRAs, is the an LLC with two or more owners is treated as a partnership for federal income tax purposes and is, thus, required to file IRS Form 1065 even though no tax is due (IRA Financial offers tax filing services for its clients).

Conclusion

With real estate prices growing at a faster rate than many IRA accounts, more and more individuals have looked to co-invest with their spouse or other family members using multiple IRAs. Since an IRA is not treated as a disqualified person, family members can co-mingle IRA funds in a single real estate transaction so long as no personal benefit is being derived from the transaction.

The most popular structure for a real estate joint venture for spouses using multiple IRAs is the Self-Directed IRA LLC.  Using an LLC provides each IRA owner with many benefits, including limited liability protection, privacy, simpler management, easier administration, and greater flexibility.  It is for all these reasons that most joint venture real estate investments involving multiple IRAs use the IRA LLC structure.


Audit

Do IRAs Get Audited?

Yes, your IRA can get audited by the Internal Revenue Service, and yes, you need the best audit protection for your Self-Directed IRA. So, do IRAs get audited? It's true, they can. When you're looking at retirement accounts, it's important to do what works best for you while choosing a provider that offers the best audit protection in the industry. Don't believe us? Just ask Investopedia.

According to the Government Accountability Office, the IRS could "provide better guidance" regarding audits of IRAs and how to remain compliant so that account owners do not fall into non-compliance. Could a Self-Directed IRA be just the thing for you?

Self-Directed IRA is a retirement account that allows you to invest in traditional and alternative investments. Frequently, large financial institutions that manage retirement accounts limit investment opportunities to stocks, bonds, and mutual funds. A Self-Directed IRA allows you to invest in almost anything. In fact, there are only three things you cannot invest in: life insurance, collectibles, and transactions with a disqualified person.

Many investors open a Self-Directed IRA to diversify their retirement funds.

Related: Self-Directed IRA Investments

What About IRA Audits?

Interestingly enough, the IRS doesn’t have a department that specifically deals with IRAs. Therefore, there are no exact statistics to go by. IRA custodians file Form 5498 showing the value of IRAs. No specifics are given, just generic numbers about how funds are invested. But yes, IRAs get audited, too.

The Government Accountability Office recently issued a report about IRAs and the need to educate the IRS more about the plans and investments made. From that report: “Noncompliance involving IRAs with unconventional assets is generally detected through labor-intensive audits of individual taxpayers. IRS’s SB/SE division uses field audits to pursue complex individual tax return cases, including those that could involve IRAs with unconventional assets. …from fiscal years 2012 to 2016, IRS audited about 26,000 tax returns with IRA issues.”

Audits were conducted and those performing them inquired about retirement plans. That number of audits for IRA plans were discovered across millions of regular audits that occurred in that time frame.

Retirement plans are all about saving on taxes, but you do have to pay them at some point. So long as you're not trying to hide anything from the IRS and you’re not doing anything illegal, you will be fine. Yes, an audit can create stress, but they’re not all that scary if you are prepared for one. Don’t let that minuscule risk deter you from investing the way you want. You are not at any more risk if you choose to invest in real estate with IRA Financial than you are when investing in stocks at your local bank! The difference is IRA Financial has the best audit protection in the nation. Learn more about us.


IRA-Trustee

Who can become a Self-Directed IRA Trustee?

An individual retirement account is defined under Internal Revenue Code Section 408 as a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries. The trustee of the IRA is the bank or IRA custodian who is responsible for the IRA administration and, in most cases, the custodian of the IRA assets

What is an IRA Trustee?

An IRA trustee, also called a custodian, is the institution that administers your IRA. By law, every qualified retirement plan must have a custodian or trustee. A trustee may be a bank, credit union, financial institution, or trust company, such as IRA Financial. IRS regulations require that either a qualified trustee or custodian hold the IRA assets on behalf of the IRA owner. A Self-Directed IRA custodian, also called a passive custodian, allows IRA holders to engage in non-traditional investments (i.e. real estate), but generally does not offer investment advice or serve as a fiduciary.

In sum, pursuant to Internal Revenue Code Section 408, an IRA can be established and administered by a bank, financial institution, or authorized trust company. An IRA trustee, also called a custodian, is the institution that administers your IRA. By law, every IRA must have a custodian or trustee.

IRA Custodians

The IRA custodian has the right to decide what types of IRS approved investments it will allow its IRA clients to invest in. Almost all banks and financial institutions that offer IRAs only permit their IRA clients to invest in traditional assets, such as equities, mutual funds, and exchange traded funds. On the other hand, a Self-Directed IRA custodian, also called a passive custodian, allows IRA holders to engage in non-traditional investments (i.e. real estate) and does not offer investment advice.  Hence, unlike financial institutions which earn fees and commissions from facilitating traditional investments, a Self-Directed IRA custodian does not sell investments or provide investment advice. A Self-Directed IRA custodian earns fees for providing IRA administration and custody services for IRS approved alternative assets

The IRA custodian is essentially responsible for maintaining and administering the IRA. To this end, the IRA custodian is tasked with the responsibility of complying with all IRS reporting requirements with respect to the IRA, such as the filing of IRS Forms 5498 and 1099-R. 

The Self-Directed IRA custodian is not a fiduciary and does not offer any investment advice.  Its sole role is to facilitate non-prohibited transactions based on the exclusive direction of the IRA holder.  Making the investment(s) on the IRA owners behalf.  In addition, a self-directed IRA custodian is not permitted to offer legal or tax advice.

https://youtu.be/rO-V_ZYcJeA

Opening a Self-Directed IRA Account with an IRA Trustee

The first step to establishing a Self-Directed IRA is opening an account with a Self-Directed IRA custodian, such as IRA Financial.  The account opening process can be done in minutes and generally involves completing an online application.  The online application will request the personal information of the IRA holder as well as information pertaining to the type of IRA ones wishes to establish.  In addition, the IRA holder will be asked to provide a copy of a license as well as an account statement displaying the rollover information.

The second step to establishing a Self-Directed IRA account is funding the account.  In general, there are two ways to fund a Self-Directed IRA. The first is via an IRA contribution. The second way to fund in an IRA is via a rollover.  Rollovers can be direct and indirect and are generally tax-free.

The third and final step to establishing a Self-Directed IRA is making the Self-Directed IRA investment.  This is where the client directs the IRA trustee (the IRA custodian) to make the IRA investment.  The IRA custodian is not responsible for advising on the investment nor is it permitted to provide any investment advice or investment recommendation. The Self-Directed IRA custodian has no fiduciary responsibility to the IRA owner and is simply the party responsible for facilitating the Self-Directed IRA investment.  It is for this reason that every Self-Directed IRA investor should perform adequate due diligence on all Self-Directed IRA investments as they are solely responsible for its outcome. Accordingly, working with a financial or tax advisor that can help you review the financial terms and risks inherent in the Self-Directed IRA investment is important.    


Solo 401(k) Tax Filing Rules

The major question to address when it comes to Solo 401(k) tax filing is: Are there any annual tax filing requirements for the plan?

Since a Solo 401k plan is considered a trust, under Internal Revenue Codes (IRC) Section 401 and 501, there is generally no requirement to file annual state or federal income tax returns. However, if the assets total more than $250,000, there is one form that must be filed, IRS Form 5500-EZ (or 5500-SF).

What is a Solo 401(k) Plan?

A Solo 401(k) plan is not a new type of retirement plan. It is a traditional 401(k) plan covering only one employee. In general, to be eligible to establish a Solo 401(k) plan, one must be self-employed or have a small business with no full-time employees (over one thousand hours during the year) other than a spouse or other owner(s).

As the name implies, the Solo 401(k) plan is an IRS-approved qualified 401(k) plan designed for a self-employed individual or the sole owner-employee of a corporation. It works best when there are no other employees or a very small number of employees.

What are the Eligibility Requirements for a Solo 401(k) Plan?

A Solo 401(k) plan is well suited for businesses that either do not employ any employees or employ certain employees that may be excluded from coverage. The plan is perfect for any sole proprietor, consultant, or independent contractor. To be eligible to benefit from the Solo 401(k) plan, investors must meet just two eligibility requirements:

  1. The presence of self-employment activity.
  2. The absence of full-time employees.

The business owner and their spouse are technically considered “owner-employees” rather than “employees”. The following types of employees may be excluded from coverage:

  • Employees under 21 years of age
  • Employees who work less than 1000 hours annually or three consecutive years of 500 hours or more
  • Union employees

Nonresident alien employees

Solo 401k Tax Filing Rules

In the case of a Solo 401(k) plan, if the total plan assets in your Solo 401(k) are under $250,000, the 401(k) plan has no filing obligations with the IRS.  The Solo 401(k) plan is easy to operate. There is generally no annual filing requirement unless your Solo 401(k) Plan exceeds $250,000 in assets, in which case you will need to file a short information return with the IRS (Form 5500-EZ).

What does Form 5500 entail?

The Internal Revenue Service (“IRS”) Form 5500-EZ is an annual information return that is required to be filed by every “One-Participant Plan” (owners and their spouses), also known as a Solo 401(k) Plan, with plan asset value in excess of $250,000 as of December 31 of the previous tax year. The purpose of filing and reporting the fair market value (“FMV”) of your solo 401(k) plan’s assets is to inform the IRS of assets over $250,000 annually held in a Solo 401(k) Plan. The Form 5500-EZ is due every July 31st of the next plan year. Ex: for a plan that was established in 2023, the IRS Form 5500-EZ is due by July 31st, 2024.

Why Choose IRA Financial to Establish a Solo 401(k) Plan?

IRA Financial “literally” wrote the book on the self-directed Solo 401(k).  Our founder, Adam Bergman, Esq, has written 8 books on self-directed retirement plans and over the last 15+ years has helped over 24,000 self-directed clients invest over $3.2 billion in alternative assets.  IRA Financial is the leading provider of self-directed solo 401(k) plans with “checkbook control.  Our expertise and experience in designing and customizing solo 401(k) plan solutions for entrepreneurs and small businesses is unmatched.

IRA Financial Self-Directed Solo 401(k) solution is specifically designed and customized for each type of investment.  Whether it is real estate, private equity, venture capital, hedge fund, private business, Cryptos, precious metals, hard money loans, or much more, our Solo 401(k) tax experts will work with you to design the perfect Self-Directed Solo 401(k) plan solution for your business and investment goals, including tax optimization, roth maximization, and UBIT protection.  Additionally, IRA Financial is the only self-directed retirement company that provides annual consulting, IRS tax reporting/filings, BOI FinCEN reporting, and a full IRS audit guarantee.

Any Questions?

For questions on the Solo 401k Plan or the IRS Form 5500-EZ (or SF) please give us a call at 800-472-0646 or fill out a contact form here!


Can My Self-Directed IRA be an Accredited Investor?

Can My Self-Directed IRA be an Accredited Investor?

Many of the more popular investments available to Self-Directed IRA investors, in many cases, require the investor to be an accredited investor. In essence, the accredited ancestor rules require an investor (or Self-Directed IRA owner) to have a certain level of annual net income or overall net worth to be permitted to invest in certain private placements or private investments.

This article will focus on how an investor can satisfy the definition of an accredited investor as per the Securities Exchange Commission (SEC), as well as highlight the types of investments that typically require an investor to be accredited.

Key Points

  • Some Self-Directed IRA Investments require accredited investor status
  • To be an accredited investor, you must have a million dollar net worth, or earn $200,000 per year
  • Popular investments include private placements, hedge funds, and venture capital

Intent of the Accredited Investor Rules

The accredited investor rules are one of the more controversial rules involving investor rights.  Many investors are shocked to learn that they are not eligible to make a certain investment because of their income level or net worth.  So, what is the reason behind the SEC’s rules?

The SEC has essentially predetermined that only certain investors, accredited investors, have the necessary financial sophistication, financial power, and investment expertise to completely understand and evaluate the risks associated with investing in a private placement type investment, without the need for the disclosures that are required for offerings to the general public.  Unfair or not, the SEC is basically saying that only investors of a certain income category or net worth can handle the risks associated with many private investments.

Accredited Investor Definition

The SEC defines an individual accredited investor as either having a net worth of $1 million, excluding the value of one’s primary residence, or have earned at least $200,000 per year in each of the past two years and expect to do so again in the current year.

Married couples are allowed to aggregate their assets for the $1 million test, but they must have a joint income of at least $300,000 annually to meet the income test instead.  It is up to the individual investor to certify that they satisfy the SEC definition.

Can A Self-Directed IRA Be an Accredited Investor?

Since an IRA is a retirement account and not a natural person, how does the SEC definition apply to a Self-Directed IRA?  A Self-Directed IRA is a type of IRA account which permits the IRA holder to invest in alternative asset investments, such as private placements, and much more. 

The belief is that one would use the individual IRA owner’s financial status to determine if the IRA will satisfy the accredited investor rules.  In other words, to determine if an IRA is deemed an accredited investor, you would look to the IRA owner to make that determination.  If the IRA owner has income above $200,000 ($300,000 if married and filing jointly) for two consecutive years or has a net worth above $1 million, not excusing a primary residence, then the IRA will be deemed an accredited investor.

From a legal standpoint, the idea is that since an IRA is treated as a trust, pursuant to IRC 408, under the accredited investor trust rules, if each of the people creating the trust is an accredited investor individually, then the trust will also carry accredited investor status.

Types of Investments

Most non-publicly traded or investment funds, such as private equity, hedge funds, and most private business investments, are structured as Reg A or Reg D type private placements.  The advantage of an investment complying with the Reg A or Reg D rules is that it limits the fund or business seeking financing SEC reporting obligations.  Hence, if the individual Self-Directed IRA owner satisfies the SEC accredited investor definition, it would then be permitted to make the Reg A or Reg D investment.

The most popular type of investments that require the investor to be an accredited investor are:

  • Real estate syndication
  • Private equity
  • Hedge funds
  • Venture capital
  • Crowdfunding
  • Private business start-up financing
  • Hard money loans
  • Debt funds

Conclusion

Unfortunately, not all investors can make all IRS-approved Self-Directed IRA investments.  The SEC accredited investor rules tend to frustrate many investors who are not able to satisfy the definition. Nevertheless, understanding how the accredited investor rules apply to Self-Directed IRAs is important when determining whether an alternative asset investment can be made with a retirement account. 

For those investors who can personally satisfy the SEC accredited investor rules, there are a number of very interesting private placement investments available to Self-Directed IRA investors  that could serve as a good source of investment diversification.


IRA Financial (IRAF) is not a law firm and does not provide legal, financial, or investment advice. No attorney-client relationship exists between the Client and IRAF, its staff, or in-house counsel. IRAF offers retirement account facilitation and document services only. Clients should consult qualified legal, tax, or financial professionals before making investment decisions. IRAF does not render legal, accounting, or professional services. If such services are needed, seek a qualified professional. Custodian-related service costs are not included in IRAF’s professional services.

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