The Checkbook IRA - Welcome to Freedom

Contents

•  Self directed IRA accounts •  Benefits and Guidelines •  IRA LLC Structure •  How can it benefit me? • Creative Investment Possibilities •  How Much does it cost?

What is a Checkbook LLC IRA? •  You manage your IRA investments •  You may choose any allowable type of asset,

including real estate •  You write the checks and you have control

Offers maximum flexibility & privacy from prying eyes Checkbook control over IRA funds allows for immediate response to investment opportunities.

Benefits of Self-Direction

•  True Diversification – include nontraditional assets

•  Real Estate •  Mortgages & notes •  Private business

•  You choose and control the deals, you decide on the investments you wish to make in your retirement plan.

•  Increase your buying power through leverage.

•  You may be able to experience a higher return on your investment.

•  You can diversify in to gold or foreign currencies

Keogh Traditional

IRA

Roth IRA TSP prior employer

TSA prior employer

Solo 401(k)

403 b prior

employer 401 k prior employer

SEP/ SARSEP/ SIMPLE

Checkbook / Self-Direction Rules

•  You MUST have a custodian / trustee between you and the plan. That custodian must be an approved IRA custodian.

•  With a self directed IRA, you suggest investments and, if the custodian agrees, he makes the investment.

•  With a Checkbook IRA, you have the checkbook and make the decisions.

•  You CAN NOT borrow from the plan.

•  You CAN NOT pledge your IRA as collateral for ANY purpose

•  Debt financed property held by IRA must be a non-recourse loan.

•  Administrative requirements - Annual valuation of IRA - Annual report to IRS - Books and records - State filings •  Prohibited assets - Life insurance contracts - “Collectables” such as rugs, works of art, stamps and coins •  Disqualified persons: - Lending to you and your immediate family - Company if you own greater than 50% - Company if you are officer, director or highly compensated employee

Guidelines

Self –Directed

Custodian

Investment #1

Investment #2

Investment #3

(Investor #4)

IRA LLC

IRA Funds

Membership Interest

Current Custodian Transfer or

Rollover

Investor #1

Investor #2

Investor #3

Partnering

Q: I have $50k in an IRA and I want to buy a parcel of real estate that is $100k. How can I accomplish that?

3 Options

1.  Partnering (IRA funds and personal cash) 2.  Partnering with Personal Financing ( Home equity line, etc.) 3.  IRA gets non-recourse loan (UBIT/UDFI) for difference

Real Estate via LLC

Your IRA LLC & personal investors

fund 2nd LLC

LLC names a manager

LLC buys real estate

LLC manager manages real estate, collects rent and pays

expenses

LLC distributes cash to members

Partnering •  Self •  Spouse •  Family members •  Friends / Colleagues •  Other LLCs •  Investment Syndications

Self-Direction •  You can invest in Commercial, Residential, or Rental properties

–  You can rehab properties

•  You can invest in Notes and Mortgage Loans. •  You can invest in LLC´s and private placements. •  You can invest in Vacation investment property. •  You can invest in Raw land / Building Lots. •  You can invest in Real Estate Syndications. •  You can invest in Foreign Currency / Option/ Futures. •  You can invest in U.S. or Foreign Stocks / Bonds / Mutual funds. •  You can invest in IPO’s •  You can partner with yourself and anyone else including their

IRA´s and individual (k) plans.

Frequently Asked Questions •  Is this new? No, allowed by the IRS for 30+ years •  Why not common knowledge? Investment managers don’t want

you in control. –  Want you to invest in only products offered by their firm!

•  Do I get complete control? In a word, yes, so long as you manage the assets for the benefit of the account – NO SELF DEALING

•  Can my IRA co-invest with friends and friends IRA LLC? Yes •  Why do I need an LLC? So you can be the manager of the LLC and

gain control of the IRA. With a self-directed IRA with no LLC, you can make recommendations, but not in control.

–  Couldn’t even change a light bulb in a rental property owned by the IRA.

•  May I use my IRA funds to make improvements or renovations? Yes. In fact, you must use IRA funds to make the improvements and pay all expenses associated with the property. All expenses of the property are paid with IRA funds, and all profits made on the property are returned to the IRA.

•  Can I buy my dream retirement home with my IRA and then live in it when I reach the age of retirement? Yes. Your IRA would be the original owner. You would use your IRA money to make the purchase and maintain the property. Any rents generated would be returned to the IRA. Upon reaching retirement age, the property could be distributed out to you. Of course, you would have to pay taxes at that point but without penalty (in a traditional IRA…no tax in a ROTH IRA).

Frequently Asked Questions

•  May I use my IRA to make loans? –  You can make loans to unrelated persons for any reason, such as to allow them to

invest in real estate. –  You can loan money to friends for any purpose –  According to IRC 4975, siblings, aunts, uncles, cousin and “step relations” are not

included in the definition of disqualified persons. –  You can make loans to real estate developers –  You can make loans to just about any business where you do not own 50% and are

not a highly compensated employee. •  Are the gains that my IRA LLC makes taxable?

–  Not in most cases. If an IRA buys a piece of property and then sells it at a profit, the gains stay within the IRA. If you have a traditional IRA, the gains are tax-deferred. If you have a Roth IRA, the gains are tax free.

–  Note, you alter that result if you use leverage through borrowing. If you borrow 1/3 of the money then 1/3 of the profits are taxed.

Frequently Asked Questions

•  I have a 401K with an old employer. Can I move it into the IRA LLC? Yes. You can start controlling this money yourself rather than letting your old employer control your future.

•  I have a 401K with my current employer. Can I move it into the CHECK BOOK IRA LLC? The 401K plan documents will specify what you can do but most of the time you cannot move money from a 401K plan if you are currently working for the company.

•  I have several IRAs and old 401Ks. Can I combine them? Yes. They can all be combined and then invested into your IRA LLC so that your buying power is maximized. The only restriction is on 401(k)s; is that you generally must no longer work for the employer.

–  You can usually combine multiple retirement accounts into one account. Or in the event that they can’t be combined, such as the case of a traditional IRA and a Roth IRA, they can still be invested into the same IRA LLC

Frequently Asked Questions

•  Can I buy a business with my CHECK BOOK IRA LLC? Yes you can buy a business, though special tax rules and rates may apply.

•  Can I invest in an existing business? Yes. This can be done as the purchase of stock or as a loan to the business.

•  What about S-Corporations? S-Corporations do not allow IRAs as investors; they only allow individuals as investors.

•  Can I buy Stocks, CDs, Bonds, Options or do FOREX trading etc.? Yes. You can invest in any IRS permitted investment.

•  What is this going to cost? The better question is how much can I save? Using your LLC IRA gives you freedom and eliminates or defers tax on your earnings.

Frequently Asked Questions

What you need… •  IRA LLC structure setup •  Protected “checkbook control” •  LLC documentation •  Opening foreign bank accounts •  Referral to U.S. Administrator •  Foreign structures as necessary •  Structuring partnership investing •  Attorney to answer legal questions •  Structure Maintenance

•  Costs –  $1,500 for a U.S. LLC structure –  $2,750 for a non-U.S. LLC Structure –  Annual fees to the IRA custodian

•  For the IRA itself •  And for each investment in the IRA (doing the LLC means just one

investment for the IRA

•  IRA Custodians –  Midland IRA – www.midlandira.com –  IRA Services - www.iraservices.com