The recent whipsaw gyrations of stock markets worldwide have kept many an investor on pins and needles lately. Since the beginning of 2008, the US stock market has shed over 40% of its value, with trillions of dollars being lost. IRA and 401k investors are especially worried that their retirement funds won't be there when needed, and for good reason. Much of their investment capital is tied up in mutual funds, and recently they have helplessly watched in horror as their savings evaporated.
To cut their losses, many investors have liquidated their accounts and moved into cash. Such a move does stop the bleeding, but what to do next? Cash doesn't earn much, whether it's held in super safe Treasuries, CDs or Money Market Accounts. Investors are lucky to get 2% on their money and even those paltry earnings are taxed.
Some investors have been taking a more active role in managing their retirement accounts by moving at least some of their money into Self-Directed IRAs. The Self-Directed IRA is exactly what it sounds like: the investor chooses where the money is invested. They simply direct their IRA custodian to invest in whatever they (the investors) choose. Earnings are deposited directly into the IRA account.
Your IRA custodian may have a Self-Directed IRA program. If not, funds are easily transferred to a custodian offering the program such as Sterling Trust, Pensco, and Charles Schwab to name a few. There is no penalty for the transfer and the new custodian handles all the paperwork although their fees have a big range.
In a Self-Directed IRA program the investor conducts their own research and chooses where to invest. There are numerous alternative investments available such as real estate deals, trust deeds or mortgages which can and should be part of every serious investor's portfolio.
Trust deeds and real estate secured mortgages typically earn interest in the 10% to 18% range. The Grace Fund has made annual distributions of 15% (in monthly installments) since launching in 2006. These rates are far in excess of comparable term fixed rate instruments such as CDs, Treasuries and Money Market Accounts. They're safer than stocks because the loan-to-value (LTV) ratio of the collateral is in the 40% to 60% range.
For investors who do not have the expertise or desire to do their own due-diligence, there are many private mortgage funds available. The fund's portfolio of mortgages secures the investor's capital and is diversified in that the loans are on many different properties. The currently depressed prices makes such a loan is safer because of the much lower acquisition cost. That means a 50% loan on a property whose value has already been discounted makes for a very safe investment.
The main benefit of a Self-Directed IRA is that it offers investors 100% control of how and where their money is invested. The custodian does not make investment recommendations. It simply administers the retirement account as the investor directs. Many people feel better about their IRA when they take control over their own financial destiny.
Self Directed Ira Account
As many financial advisers will tell you, there are many ways by which you could set up a business inside an IRA. Nevertheless there are certain rules and restrictions that will apply, which you would do well to be aware of before making any important decisions.
Keep in mind that the stock of an S corp cannot be held by a self-directed IRA, although it is possible for a self-directed IRA to grant a loan to an S corp. However, if the loan in question is to be made to an S corp or any other business entity wherein you or a "disqualified person" as defined by IRS regulations' own 50 percent or more in, this would constitute a prohibited transaction.
The penalty for such transactions can be quite severe and the IRS would probably consider the IRA fully distributed and therefore impose taxes on the full value of the IRA.
One way that you can circumvent this potential problem is by having the self-directed IRA make out a loan to a person that you trust, who will then make the loan to your S corp. keep in mind that this person should not fit into the category of disqualified person as defined by the IRS. This restriction includes but is not limited to spouses, ancestors, lineal descendants and spouses of lineal descendants.
While the above workaround is proven to work under certain circumstances, keep in mind that there is a fair amount of risk involved as well. If the transaction is handled improperly for example, or if the transaction could be construed as involving indirect benefits or conflicts of interest, it could well be deemed a prohibited transaction by the authorities, whether or not the person that applied for the loan was a disqualified person.
Another other option that is available to you then if you want to establish a business inside an IRA is to apply for an exemption that will allow your self-directed IRA to make loans to your S corp. This is something that not too many advisors know about, but there is in fact a provision existent in the Internal Revenue Code that gives the Secretary of Labor the authority to grant exemptions to certain prohibited transactions.
In any case, you would do well to seek out the advice and assistance of a professional tax or financial advisor who is thoroughly knowledgeable with the various aspects of this plan. Keep in mind that with a self directed IRA, the time that it will take to set up a business depends on the particular financial institution or brokerage firm.
In some cases, the entire process of setting up a self-directed IRA and having the funds moved from the old account into the new one can take anywhere from 4 to 6 weeks.
Both Doug Mitchell & Jerry Glynn are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Doug Mitchell has sinced written about articles on various topics from Real Estate, Property Investment and Real Estate. Doug Mitchell is the CEO and President of Grace Realty Group, Inc., a Florida investor in value-added commercial real estate projects located in the Southeast United States. Grace offers individual investors debt and equity positions in the projects it re. Doug Mitchell's top article generates over 4400 views. to your Favourites.
Jerry Glynn has sinced written about articles on various topics from Mothers Day, Health and 401K. For more information about setting up a and successful investing visit our site to learn about our unique program.. Jerry Glynn's top article generates over 135000 views. to your Favourites.
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