How To Invest In Real Estate With SDIRAs and Checkbook Control

Tax Free Real Estate Investing With Self-Directed Retirement Accounts: SDIRA, QRP & 401k

Did you know that you can use a Traditional IRA and Roth IRA to invest in real estate tax free? Do you know the difference between a Traditional IRA and Roth IRA? In this post you’ll get an overview of these accounts and how you can use a self-directed IRA with checkbook control for real estate investing.

What is a Traditional IRA?

An IRA, or Individual Retirement Arrangement, is described in Section 408 of the Tax Code and provides for tax deductions and tax-deferred returns on investments in the account. You get a tax deduction for each dollar you put into the account, up to $5,500 per year or $6,500 for those aged 50 and up – and no taxes are paid earnings in the account. When funds are distributed from the account at retirement income tax must be paid.

What is Roth IRA?

A Roth IRA, described in Section 408A of the Tax Code, provides for the reverse treatment. There’s no tax deduction for contributions to the account, but investment returns within a Roth IRA are completely tax-free, forever. If you may have very high returns on your retirement account investments a Roth IRA is preferable to a Traditional IRA.

What Assets Can An IRA Invest In?

According to the tax code and regulations, an IRA can invest in anything other than life insurance, collectibles, and S-Corp stock. That means real estate, private loans, tax liens, private stock, and any investment you can think of ARE allowable.

What is NOT a Self-Directed IRA?

Technically, all IRAs are self-directed. When you open an IRA at Schwab, Fidelity, or another brokerage, they don’t choose the investments for you (unless you pay them to do so). You’re free to choose from among any stock or mutual fund available on their platform.

If you’d like to invest in real estate, as allowed by the tax code, the brokerage representative informs you that doing so is not allowed. Says who? Not the IRS. The IRS follows the tax code which allows real estate investing. The reason brokers don’t allow investing in real estate on their platforms is that they’re not able to handle those investments and make money off you.

What is a “Traditional” Self-Directed IRA (SDIRA)?

A traditional Self-Directed IRA is an IRA held by specialized trust companies that are capable of administering non-traditional IRA investments, such as real estate and private loans. In a traditional SDIRA the custodian holds the IRA cash and handles all investment paperwork as trustee of your SDIRA. Being that these companies don’t have investment platforms they generate revenue from administrative fees, which can be substantial. In addition, every disbursement and every deal doc must be processed, approved, and signed for by the trustee. This can cost you valuable time when you’re trying to close a deal.

What is a self-directed checkbook control IRA?

A checkbook control SDIRA has all the benefits of a traditional SDIRA without any of the downside. A checkbook control IRA gives you direct control of the cash in your IRA and allows you to sign all deal documents. With a Checkbook IRA, custodian fees are minimized and investment flexibility is maximized. Checkbook IRAs use a specialized IRA-LLC structure to that enables you to handle real estate IRA investments with the same ease as real estate deals outside of a retirement account.

Should I use a self-directed Solo 401k for real estate investments?

Self-directed Solo 401(k)s are a great vehicle for retirement plan real estate investing and extensive tax benefits for those that qualify. However, not everybody qualifies for these but it is definitely something you should explore.

ReSure is led by Bernard Reisz CPA and assists investors nationwide with total control SDIRA, QRP & 401k. Whether you’re looking to invest in real estate or the stock market, the ReSure team can help you do so with confidence.

Checkbook Solo 401k-QRP: 2019 Year End Maintenance

QRP & Solo 401k Contribution Deadlines

Checkbook Solo 401K and Checkbook SEP-IRA Contribution Deadline. The deadline for contributions to Self-Directed Solo 401(k) Plans and Self-Directed SEP-IRAs is the tax return due date of the business sponsoring the plan, including extensions. Therefore, the contribution deadlines depend on the type of business that sponsored the plan – sole proprietorship, partnership, S-corporation, C-corporation, or LLC taxed as any of the foregoing – and whether you timely file for a tax return filing extension. Filing extensions are especially helpful for those that want to make 2019 contributions, but don’t yet have funds available to do so by the initial required filing date.

W-2 Coordination: Forms W-2, reflecting wages and related tax-reporting for S-Corps/C-corps are filed by 1/31/2020. Therefore, you should make your employee deferral contributions ahead of then, so that they be properly reflected on your W-2.

Deferral Elections: Although deferral contributions can be made to the plan after the end of the year, deferral elections by owners of unincorporated businesses must be made by 12/31/2019. Deferral elections for owners of incorporated businesses must be paid prior to the payroll(s) from which the contribution(s) is withheld. Click here to access Solo 401k 2019 Deferral Election Forms.

QRP & Solo 401k Filing Requirements

Forms 1099-R for Solo 401k Distributions and 401k In-Plan Roth ConversionsForms 1099-R for Solo K distributions must be provided to plan participants by January 31, 2020. Forms 1099-R must be filed with the IRS by February 28, 2020 if paper filed or by April 2, 2020 if electronically filed.

Form 5500-EZ for certain Solo 401k PlansIf Solo 401k plan assets exceeded $250,000 as of December 31, 2019, a Form 5500-EZ is due to the IRS by July 31, 2020. Form 5558 (Application for Extension of Time to File Certain Employee Plan Returns) can be filed with the IRS on or before the normal due date to receive an automatic two-and-a-half-month extension to October 15. Regardless of plan asset value, Form 5500-EZ must be filed for the year in which a Solo 401k Plan is terminated. Checkbook IRAs, for which annual IRS reporting is handled by your custodian, are not required to file Forms 5500.

Forms 990-T (UBIT, UBTI, UDFI) For SDIRAsSD401(k)sSD-DB PlansRetirement accounts that generate more than $1,000 in Unrelated Business Taxable Income (UBTI), should file Form 990-T by April 15, 2020. To request an automatic extension of time to file Form 990-T use Form 8868, Application for Automatic Extension of Time To File an Exempt Organization Return.

Form 990-W (Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations). If UBIT tax liability is expected to exceed $500, estimated tax payments should be made. Payments are due by the 15th day of the 4th, 6th, 9th, and 12th months of the tax year.

Solo 401k/QRP Required Minimum Distributions

  • Remember that RMDs required from 401(k) plans and 457(b) plans have to be taken separately from each of those plan accounts. Therefore, if you have more than one defined contribution plan, you must calculate and satisfy your RMDs separately for each plan and withdraw that amount from that plan. This differs from the rules that apply to IRAs, for which you may aggregate your RMD amounts for all of your IRAs and withdraw the total from one IRA or a portion from each of your IRAs.
  • Remember that designated Solo 401k-QRP Roth accounts are subject to the RMD rules. This, too, differs from the rules that apply to Roth IRAs, for which there are no RMD requirements for while the owner is alive. 
  • The penalty for failing to take an RMD is very harsh: The amount not withdrawn is taxed at 50%. The account owner should file Form 5329Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, with his or her federal tax return for the year in which the full amount of the RMD was not taken. (The penalty may be waived if the account owner establishes that the shortfall in required distributions was due to reasonable error and that reasonable steps are being taken to remedy the shortfall. In order to qualify for this relief, you must file Form 5329 and attach a letter of explanation.)
  •  As a 5% or more owner of the business that sponsors a Solo 401k, you must start RMDs by April 1 of the year following the year you turn 70½, even if you are still employed by the company and have not yet retired.
  • After the first RMD, you must take subsequent RMDs by December 31 of each year, beginning with the calendar year containing your required beginning date.
  • Your RMD is generally determined by dividing the adjusted market value of your Solo 401k as of December 31 of the preceding year by the distribution period that corresponds with your age in the Uniform Lifetime Table (Table III in IRS Publication 590-B, Distributions Individual Retirement Arrangements (IRAs). If your spouse is your sole beneficiary and is more than 10 years younger than you, you will use the Joint Life and Last Survivor Expectancy Table (Table II in IRS Publication 590-B).

Solo 401k-QRP Year-End Maintenance Resources

Checkbook Solo 401k 2019 Contribution Calculator: Click here to access a web-based 2019 Solo 401k Contribution Calculator. Note: The calculator may be used to provide an approximation of your allowable 2019 Solo 401k contribution amount, not a precise indication of the correct amount. Your actual contribution amount should be calculated in conjunction with your tax professional. Specifically, those that have both W-2 and self-employment income should be sure to work with a qualified professional when calculating their Solo 401k contributions.   

Understanding and Tax Optimizing Your Solo 401k Contributions: Click here for an in-depth discussion of 401k contribution rules and regulations, as well as the tax factors that you should take into account to maximize the tax benefits of your Solo 401k plan.

Helpful IRS Resources For Solo 401k-QRP Plan Maintenance

Broad Financial Review of Solo 401k

This broad financial review of Solo 401k provides the ultimate Solo 401k high-level guidance to investing in alternative assets, including real estate, cryptocurrency, Bitcoin, hard-money lending, private lending, private equitytax liens, gold & silver, and many other alternative assets. Continue reading “Broad Financial Review of Solo 401k”

Solo 401k Contributions: Understanding & Optimizing

Solo 401k contributions to a Checkbook-Control Qualified Retirement Plan – a Checkbook QRP – have multiple tax benefits: (1) They are tax-deductible, reducing your taxable income & tax liability to the IRS and (2) they grow tax-deferred, with no annual taxes on earnings and profits within the Solo 401k.

Tax-deductible Solo 401(k) contributions consist of 2 components: (1) Employee Elective Deferrals and (2) Employer Non-Elective Contributions (profit sharing). However, you may have heard various other terms used to describe 401(k) Plan contribution types. Following is a comprehensive guide to Solo 401k contributions, terms,  and calculations. Continue reading “Solo 401k Contributions: Understanding & Optimizing”

Podcast: Checkbook IRA & 401k For Real Estate Syndicators

Real Estate Syndication and Checkbook IRAs & Checkbook 401(k) Plans are the perfect match! Real estate syndicators raise capital for real estate deals and Self-Directed Retirement Accounts could, potentially, provide ~$28,000,000,000,000 to investment sponsors. Checkbook Control Retirement Accounts are the ideal bridge between those that need investment capital and those that have investable tax-sheltered assets.

Both syndicators and passive real estate investors will benefit from education about the incredible opportunity presented by Self-Directed IRAs and 401k plans, as well as the IRS guidelines that govern them. For a syndicator-centric perspective of SDIRA and SD401k real estate investing, listen to this episode of The Real Estate Syndication Show, hosted by real estate investor and syndicator Whitney Sewell of Life Bridge Capital. Continue reading “Podcast: Checkbook IRA & 401k For Real Estate Syndicators”

Private Lending & Checkbook IRA/401K: How To Get Into Real Estate Podcast

Just posted and already has hundreds of downloads! Listen at The Real Blue Spruce.

On this episode with Adam A. Adams, get answers to:

  • What is real estate private lending?
  • How can I earn passive income through private lending?
  • What are the risks of private lending?
  • What are some private lending strategies?
  • How to protect your private lending investment?
  • How can I invest in private lending TAX-FREE with a Checkbook IRA/401K?
  • How can I leverage my IRA/401k to get into real estate investing?
  • How can I leverage private lending to learn how to invest in real estate?

Checkbook Solo 401k Plans For Real Estate Professionals

Why Is A Checkbook Solo 401k The Best Retirement Plan For Real Estate Professionals?

Checkbook Solo 401k retirement plans, a type of Checkbook QRP for businesses owners that don’t have full-time employees, are the ideal tax advantaged account for real estate professionals: real estate agents, mortgage brokers, real estate wholesalers, and real estate flippers.

Real estate professionals have self-employment income and KNOW REAL ESTATE, making the Checkbook 401k the perfect plan for them. In the post, we’ll present some of the benefits of a Checkbook Control 401k and some Checkbook 401K advanced tax & investing strategies.  Continue reading “Checkbook Solo 401k Plans For Real Estate Professionals”