Can I buy publicly trader stocks out of my SDIRA?

Question

I'm interested in buying a few shares of stock and I just contacted my SDIRA and they put all kind of restrictions.

"For starters, the stocks must be in form of a private placement (not publicly traded).  The company you’re going to invest in through your IRA should provide you with the investment docs (i.e. Subscription Agreement)."

I regret opening this account.  Last year I tried to form a JV to buy notes and it was a nightmare.  We couldn't do it.

I'm trying to figure out if this is how SDIRA's work or if this is just mine.  Any input will be greatly appreciated.

Cecilia Arnulphi · Answer

No, I'm not unfortunately.  I don't qualify for a solo 401K.

Mark Nolan · Answer

What about the solo 401k plan? Are you self-employed?

Cecilia Arnulphi · Answer

@Gail Poyner I will PM you.  thank you!

@Mark Nolan thank you for the info.  Is it expensive to set up a SDIRA as an LLC?  What are the implications of doing that vs keeping it as a SDIRA.

Mark Nolan · Answer

@Cecilia Arnulphi

If you are currently using a self-directed IRA custodian, generally the brokerage account will need to be opened in the name of the custodian fbo your IRA. An officer of the IRA custodian will need to sign the brokerage forms as well.

Another option is to open a solo 401k if you qualify and the brokerage account can comes with a checkbook for placing alternative investments such as notes and real estate. Any funds left in the brokerage account can also be invested in stocks and mutual funds. It is one-stop shop basically.

Following are the similarities and differences between the solo 401k and the self-directed IRA.

The Self-Directed IRA and Solo 401k Similarities

• Both were created by congress for individuals to save for retirement;
• Both may be invested in alternative investments such as real estate, precious metals tax liens, promissory notes, private company shares, and stocks and mutual funds, to name a few;
• Both allow for Roth contributions;
• Both are subject to prohibited transaction rules;
• Both are subject to federal taxes at time of distribution;
• Both allow for checkbook control for placing alternative investments;
• Both may be invested in annuities;
• Both are protected from creditors;
• Both allow for nondeductible contributions;
• Both are prohibited from investing in assets listed under I.R.C. 408(m); and
• Neither may be invested in your ow business.

The Self-Directed IRA and Solo 401k Differences

• In order to open a solo 401k, self-employment, whether on a part-time or full-time basis, is required;
• To open a self-directed IRA, self-employment income is not required;
• In order to gain IRA checkbook control over the self-directed IRA funds, a limited liability company (IRA LLC)  must be utilized;
• The solo 401k allows for checkbook control from the onset;
• The solo 401k allows for personal loan known as a solo 401k loan;
• It is prohibited to borrow from your IRA;
• The Solo 401k may be invested in life insurance;
• The self-directed IRA may not be invested in life insurance;
• The solo 401k allow for high contribution amounts (for 2016, the solo 401k contribution limit is $53,000, whereas the self-directed IRA contribution limit is $5,500);
• The solo 401k business owner can serve as trustee of the solo 401k;
• The self-directed IRA participant/owner may not serve as trustee or custodian of her IRA; instead, a trust company or bank institution is required;
• When distributions commence from the solo 401k a mandatory 20% of federal taxes must be withheld from each distribution and submitted electronically to the IRS by the 15th of the month following the date of each distribution;
• Rollovers and/or transfers from IRAs or qualified plans (e.g., former employer 401k) to a solo 401k are not reported on Form 5498, but rather on Form 5500-EZ, but only if the air market value of the solo 401k exceeds $250K as of the end of the plan year (generally 12/31);
• When funds are rolled over or transferred from an IRA or 401k to a self-directed IRA, the amount deposited into the self-directed IRA is reported on Form 5498 by the receiving self-directed IRA custodian by May of the year following the rollover/transfer.
• Rollovers (provided the 60 day rollover window is satisfied) from an IRA to a Solo 401k or self-directed IRA are reported on lines 15a and 15b of Form 1040;
• Pre-tax IRA contributions on reported on line 32 of Form 1040;
• Pre-tax solo 401k contributions are reported on line 28 of Form 1040;
• Roth solo 401k funds are subject to RMDs;
• A Roth 401k may be transferred to a Roth IRA (Note that from a planning perspective, it may be advantageous to transfer Roth Solo 401k funds to a Roth IRA before turning age 70 ½ in order to escape the Roth RMD requirement applicable to Roth 401k contributions including Roth Solo 401k contributions and earnings.);
• Roth IRA funds are not subject to requirement minimum distributions (RMDs);
• The fair market value (FMV) of assets held in a self-directed IRA is reported on form 5498;
• The fair market value of assets held in a solo 401k are reported on Form 5500-EZ;
• At termination, the solo 401k is required to file a final Form 5500-EZ and 1099-R; and
• At termination, the self-directed IRA is only required to file a form 1099-R.

Gail Poyner · Answer

Hi Cecilia! I work for a company that administers self-directed IRAs and it is possible to invest in stocks. Some administrators can give you the option of opening a trading sub account that allows you to pick stocks you are interested in for your investments. We have that option and quite a few people enjoy using it. If you are interested please feel free to send me a message! I would be more than happy to discuss further.