Posts Tagged ‘checkbook control ira’

Checkbook Control Q&A Part II

Thursday, December 17th, 2015

Checkbook control 2

A Self Directed IRA’s ownership of a LLC, or an ICO as it’s also called, is a special purpose limited liability company, which is either fully or partially owned by an IRA. Since the self directed IRA owns the ICO, IRA funds can be legally transferred to the ICO in exchange for shares of the ICO. After this funding, both traditional and nontraditional investments may be purchased by the ICO instead of directly in the IRA.

Part one is here.

Q. I currently have a real estate LLC, can I roll it over to a new IRA LLC?

A. That depends on a couple things, like if your IRA currently owns your LLC, then you can roll it over to a new IRA, but if the LLC is currently held outside of your IRA, then you must form a new LLC for your IRA. For a new LLC, you must create a specific operating agreement that meets the regulatory requirements in order to structure your retirement account in this way.

Q. Will I have to hire an attorney?

A. Most custodians will require that an attorney draw up the necessary paperwork to form an LLC, and with good reason. For one thing, the requirements for the language that must be used in the operating agreement are usually not known by the IRA account owner. For example, specific language regarding prohibited transactions and the application of IRS Code 4975 must be present in the documents, as well other language regarding UBTI (Unrelated Business Taxable Income) and capital contributions to the LLC. In addition, having an attorney draw up the documents associated with forming the LLC gives the client peace of mind that a professional is overseeing the development of the entity and that the process is being followed correctly.

Q. Why have an LLC instead of just having my self-directed IRA?

A. The number one reason for people is control, because you receive a tangible checkbook that is linked to a checking account that’s set up in the name of your LLC under its own tax ID number. So when you find an investment that you want to purchase, or if you own real estate and there’s a plumbing issue, you can just write a check. There’s no filling out paperwork, waiting to get approval from the administrator, or waiting for someone else to fund the investment, because you can easily take care of it yourself.

Flipping Houses Using Your Self-Directed IRA

Monday, September 14th, 2015

flipping iraFlipping property is an increasingly appealing option, not only for investors, but for everyday people. With the economic recovery and accompanying rebound in home prices, as well as the slowdown in new-home construction, flipping is a prime investment opportunity in many markets across the board. There is good money to be made in the business of acquiring homes that are distressed (usually in physical condition or even financial distress), rehabilitating those homes, and then in turn, reselling the property to a buyer, or even to another investor looking for a cash-flow rental property.

Familiarize Yourself with the Rules

  • Now, if you do elect to use a retirement account to hold real estate – whether you are flipping it or not – you need to keep some strict rules in mind:
  • You cannot stay overnight in the property – even for one night.
  • You cannot let your spouse, your children or parents, or any in-laws stay in the house.
  • You cannot use the house to benefit any advisor who works with you on your IRA.
  • You cannot rent the house to yourself, nor to any disqualified persons, even at market rates.
  • You cannot buy property from or sell property to your own IRA, nor may any disqualified persons mentioned above.
  • You cannot intermingle IRA and non-IRA funds.
  • You cannot take money out of the IRA, unless you take it in the form of a distribution, which may be taxable. There may also be penalties involved for early withdrawals.
  • You cannot lend money to your self-directed retirement account, nor borrow from it.
  • Neither can any disqualified person mentioned above.
  • Your IRA cannot contract for goods and services with you, nor with any entity that you or any of the above disqualified persons control. That means you cannot buy a property in an IRA and then hire yourself or your son-in-law to provide the landscaping or property management services.

Get Used to the Hands-off Approach

All the investments you make with you self-directed IRA must be done fully at arm’s length. What we mean by that is when it comes to flipping property, you will have to be comfortable with handling your investment at a distance. Your role will be to operate basically as a fund manager; making decisions, negotiating and executing contracts, selecting vendors, and conducting the financial transactions associated with your IRA through checkbook control, or through your IRA’s custodian. It’s also good to note that you cannot be directly involved in a hands-on sense, such as serving as contractor yourself. Hands off.

Learning About Leverage

Depending on the balance in your self-directed IRA, you may be able to flip real estate as an investment strategy by using cash for all of your purchase transactions, which is ideal. Doing so would certainly make the process go more quickly, and could potentially allow you to engage in more transactions and boost your returns.
But, if you choose to use leverage by borrowing money to purchase real estate for flipping, it’s important to understand that you may be incurring a current year tax liability because of that borrowing. Using leverage to make investments within an IRA can generate what’s known as “unrelated business taxable income.” And unlike other types of income you generate with your IRA, unrelated business taxable income is not tax exempt.

Finally, if you’re considering flipping houses with your self-directed IRA, make sure to go into each transaction well educated and well prepared. Real estate investing (and flipping in particular) might be fun and exciting, but it’s still investing. So if you’re not already experienced with this type of investment, start with smaller transactions and proceed cautiously until you learn more, and grow as an experienced investor.

Author: Tanya

Take Control of Your Retirement Investments with a Checkbook IRA

Thursday, January 30th, 2014

Checkbook IRA

Do you know what your retirement accounts are currently invested in? The likelihood is that you probably don't. You are not alone because many people have no idea what their IRA or 401k are invested in. This may or may not bother you. If it does bother you and you would like to take control of your retirement and investments there is a great option available to you. A checkbook IRA will allow you to take control of your retirement so that you can invest in the things you wish. You may want to purchase real estate, gold or some other type of investment that suits you. You can do it all with a checkbook IRA.

What is a Checkbook IRA?

A checkbook IRA is the same thing as a regular IRA except that the custodian allows you to take control of the checkbook for the IRA. What does that exactly mean? With a regular IRA you have to go through your custodian when making any investments for your IRA. If you wanted to purchase gold with your IRA you would have to contact your custodian and let them know what you are wanting to do. Then you would have to work with them to finalize the investment. If you have a checkbook IRA, instead of going to the custodian to make the investment happen, you do it yourself.   It means that you will not have to seek the consent of a custodian to make an investment. Typically you won't be subjected to excessive fees because of different transactions that were made.

Time is Money

Many times when investing time is curcial. If you know of a real estate investment that is going up for auction you may not have the time to consult your custodian in order to make the purchase happen. With you the checkbook IRA you skip the custodian step and can make things happen very fast.

How Are Checkbook IRAs Set Up?

Another popular name for a checkbook IRA is a self directed IRA LLC with checkbook control. It is called this because to establish a checkbook IRA you must establish a liimited liability company (LLC) that is owned by the IRA and managed by you the account owner (you). Then the IRA owner's funds can be transferred by the custodian to the new IRA LLC bank account. Because you are the manager of the IRA LLC, you will have the authority to make investment decisions on behalf of the IRA. With this authority you then have the ability to write checks from the IRA LLC bank account for your investments.

If you haven't heard of a checkbook IRA then hopefully you have learened a thing or two. If you still have questions or are interested in a checkbook IRA feel free to contact us for account set up or questions.

Author:

Checkbook IRA, Self Directed IRA LLC With Checkbook Control

Friday, January 10th, 2014

Checkbook IRA with Checkbook Control

A Self Directed IRA, like other traditional IRAs, follows the same tax laws and rules but it allows you to invest in non-traditional investements that are typically not available through your investment advisor or broker. These investment choices can be private LLCs, or corporations, private lending, real estate, precious metal and much more. The options and choices are only limited to your imagination and the tax code. Read more on Self Directed IRA Rules

What is a Checkbook IRA or Checkbook Control?

A checkbook IRA is also commonly called a Self-Directed IRA LLC with Checkbook Control. With a checkbook IRA, when you find an investment that you want to make with your IRA funds, simply write a check or wire the funds straight from your Self-Directed IRA LLC bank account to make the investment. You are the manager of the IRA LLC and as such can act quickly on great investment opportunities. The Self-Directed IRA LLC allows you to eliminate the delays associated with an IRA custodian, enabling you to act quickly when the right investment opportunity presents itself.

How It Works

1. Accuplan will consult with you to determine what your  objectives are for self direction.

2. We will create a new IRA account and a separate LLC with Accuplan Benefits Services.

3. You roll-over your IRA or 401(k) to American Estate & Trust.

4. You establish banking and investment accounts for the LLC.

5. American Estate & Trust buys membership in the LLC in behalf of your IRA.

6. You direct the investments as the LLC Manager

What is Included?

• Setup of LLC

• Filing of state articles

• Self Directed IRA compliant operating agreement

• Setup and operating guide

• Banking authorizations for checking account

• Handling your rollover to our sister company American Estate & Trust, the IRA custodian

• Unlimited consulting

Bene­fits of the Checkbook Control IRA

• Direct Ownership in non-traditional investments

• Capital gains deferral or elimination

• Checkbook control of all plan assets and monies

• Low custodian or annual account fees

• Income and tax deferral for growth on investments

If you have any more questions about Checkbook Control IRA feel free to call, email, or comment below.

If you would like to discuss more about Self Directed IRA Rules or the investments allowed in an IRA feel free to comment below or contact us at Accuplan Benefits Services.

Author: , Self Directed IRA Professional
1.801.683.9291
ben@accuplan.net