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All Forum Posts by: Brett Synicky

Brett Synicky has started 25 posts and replied 737 times.

Post: SDIRA: The Secret to Explosive Growth or a Risky Investment? Seeking Your Expert Advi

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382

@Marty Sprong @Philip Barr You actually can manage the property owned by your IRA or any other asset it owns for that matter. Generally speaking the easiest way to delineate the difference between what "services" a disqualified party can perform is white collar ok, blue collar bad. Is it best to use a 3rd party to manage rentals owned by your IRA/401k? Yes it's best but it's not a requirement. As an IRA owner I can advertise the property, screen tenants, even open the door for prospective tenants to view the property. What I should not do is, take the photos, perform repairs, or clean the home. I can walk through the home to make sure the work is getting done properly. If there's an eviction situation I would need to hire somebody to handle that. Again white collar ok, blue collar bad.

Post: Please Suggest IRA Custodian for Passive Real Estate Investing

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @Sam Katz:
Quote from @Brett Synicky:

@Sam Katz Can you provide a bit more info? Are you looking to roll in funds to a self directed IRA/401k that you intend to invest into a multi family offering? Is this a syndication? What makes you call it "shadow" and just a "line item"?

With a self directed account you as the owner are the fiduciary of the plan so your job is to invest the plan's money (it's not your money) wisely. I'm not sure what you're describing is a wise investment. "No yearly income is expected, but future returns are hopeful". 

What exactly are you trying to do?


 Brett,

Thanks for your note. My apologies for the confusion. I currently have two Limited Partnership investments that Bank Regulators at a Banks Trust department that I have other assets with, are instructing those two LP's to be moved to another Custodian. I don't want to pay a lot in fees for these two Line Item investments that must be custodied somewhere. As I mentioned, there is no income on a yearly basis, and I'M hopeful for a lump sum payment to be paid in the future to this IRA, i.e. for each line item LP. Do you know of a Custodian that will do this for my IRA, without charging significant custody fees? TY again, Sam


Thank you for the clarification. It sounds like you’re attempting to move a personal asset into a retirement account. Because you’re a disqualified person that would trigger a prohibited transaction and the penalty for that is hefty. Typically disqualification of the entire plan. Don’t do this. I don’t know of a custodian that will do what you’re asking even if it is legitimate. Google SDIRA custodians and call around. 

Post: Self Directed IRA - what to invest in?

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @Christopher Kadletz:

I am currently in the process of rolling over $30k from my Roth IRA into a SDIRA with Equity Trust (custodian). I have never invested in Real Estate but I have been wanting to for years and feel that investing in a syndication with my SDIRA could be a good way to get my feet wet. Anything in particular I should look out for? How should I go about calculating things like UBIT? Would it be better to invest in a debt fund/ notes? Any/all insights greatly appreciated!

P.S - My day job is with a Real Estate Investment Management software provider and I talk to GPs all day so there is no shortage of deal exposure on my end... I'd like to leverage these relationships if possible. 

Understand the UDFI tax implication. Probably won’t be a factor for the first couple or so years in a syndication on account of cost seg but check with your tax advisor to understand what kind of tax the IRA may have to pay. 

Investing in a fund can be a more passive and no UDFI tax way to invest using an SDIRA.

Don't be afraid to run a background check on the GP’s. They shouldn’t be bother by any of your questions. 

Post: Non recourse loan lenders for rental real estate

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @Kaushik Sarkar:

Hi,

I am looking for lenders who would finance non recourse loan for buying single family rentals as i plan to use self directed IRA funds for downpayment. Any recommendations.


 Here’s a list of non recourse lenders you can call through. Some of the info might be dated but yeah plan on at least 30-50% down. Gotta cash flow and 6 months reserves. 

https://www.biggerpockets.com/member-blogs/2810/50272-list-o...

Post: Please Suggest IRA Custodian for Passive Real Estate Investing

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382

@Sam Katz Can you provide a bit more info? Are you looking to roll in funds to a self directed IRA/401k that you intend to invest into a multi family offering? Is this a syndication? What makes you call it "shadow" and just a "line item"?

With a self directed account you as the owner are the fiduciary of the plan so your job is to invest the plan's money (it's not your money) wisely. I'm not sure what you're describing is a wise investment. "No yearly income is expected, but future returns are hopeful". 

What exactly are you trying to do?

Post: SDIRA Advice Roth vs Traditional

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @Mariah Pierce:

I would like to move some of my retirement money to a SDIRA account. I have about $25K in Roth and $80K in traditional. Is Roth or traditional better to move? I know the market is starting to drop and wondering if it is even the right time to move. Thanks in advance!

Hi @Mariah Pierce this is a common theme right now. This is not financial advice but it seems like a Checkbook IRA/SDIRA or Solo 401k is the only way to truly diversify your retirement savings.

Post: Condo Connundrum in Fort Myers - Sell and Eat Loss Now, Rent or Try Owner Financing ?

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382

You're a disqualified party to your retirement accounts so using your IRA to transact with you and something you own is a prohibited transaction and will result in a distribution of the entire IRA.

Self directing is a very powerful way to invest for retirement, but just like driving your car down the street. There are some rules to be aware of. 

See the following articles

https://www.biggerpockets.com/member-blogs/2810/44738-prohib...


https://www.biggerpockets.com/member-blogs/2810/47960-disqua...

Post: Raising Private Capital from SDIRAs & HSAs

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @Henrry Novas:

Hey everyone,

I'm looking to learn how investors raise private capital from Self-Directed IRAs (SDIRAs) or HSAs for real estate deals. I know custodians like Equity Trust, Quest Trust, and Advanta IRA allow this, but I'd love insights from those who've done it.

- Best way to approach potential lenders?

- Key things to present the opportunity properly?

- Common hurdles when working with SDIRA lenders?

- Any recommended books, courses, or experts to learn from?

I’m raising funds for new construction projects and want to fully understand the process before talking to lenders. If you’ve structured deals this way, I’d love to connect. Appreciate any insights!

As @Chris Seveney said, lead with education  I’ll add that you could partner up with providers or self directed retirement accounts and do collaborative webinars/podcasts etc. Offer to host them and drive traffic to the educational webinar so everybody has the opportunity to get more business. Later the script can be flipped and the provider can host you with their audience. 

Be creative with what you present on these. Maybe it’s an offering but that needs to be a small portion of the talk. Maybe go through due diligence and some past deal examples. Just be careful cause this can be a dry topic if you run through too many numbers. 
 

Post: New to real estate looking for passive investment opportunities

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @Steve Yount:

@Brett Synicky Thanks for providing these links. I probably did not make my situation clear as I am just starting to learn the lingo. I'm retired, and have rolled most of my 401K assets over to IRA's, but those IRA's are not performing. I'm going to ask my finance guys if any of them are setup as self-directed, but I doubt it. I'm not really interested in cash flow. I'm interested in capital appreciation. Can someone tell me what the options are for that?

You’re welcome. The beauty of the self-directed retirement space is that you get to self direct. Generally speaking it’s probably a good idea to invest in what you’re already comfortable with.

Post: Self-Directed Solo 401k

Brett Synicky
Posted
  • Solo 401k and SDIRA Consultant
  • Orange, CA
  • Posts 763
  • Votes 382
Quote from @John Smith:
Quote from @Philip Barr:

I don't have specific recommendations for providers, but once you find one that lets you invest in real estate and related transactions, it is important to use an LLC to hold real estate. That will compartmentalize the liability stemming from that property and protect your retirement funds and other assets. It is important to use funds from the retirement plan to pay for the setup of that LLC to avoid prohibited transactions.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.


Thanks Philip. If I am forming an LLC to be the lending entity, and the members of the LLC will be my Solo 401k Trust and a SMLCC I already own (since I do not have enough funds in my 401k alone to fund the loan), are you saying using personal funds to setup the new LLC and associated loan docs must be paid by the 401k?

John, while this is possible it's best to not combine your personal funds with your retirement funds. You're increasing your chance of committing a prohibited transaction. If you go through with a multi-member LLC in this fashion bear in mind a few things.
1. When the LLC is funded all of the income and expenses must be maintained pro-rata according to the % from each party. The % ownership must be based solely on the money from each member and nothing else. 
2. A federal partnership tax return will need to be filed. 
3. Additional funds added to the LLC later must be maintained at the original ownership %. 
4. You personally need to be able to make the investment without the IRA money otherwise the IRA has engaged in an enabling transaction which can result in prohibited transactions.
5. The penalties are steep for a prohibited transaction in an IRA (distribution of the entire IRA) so if you do this, limit the exposure by only having enough money in the IRA needed to make the investment
6. Multi-member IRA/LLC structures can be complicated. Seek legal counsel as to the proper structure and docs necessary to establish it. 
7. Even if you're a member of this LLC, the same rules apply to anything this LLC owns regarding disqualified parties and prohibited transactions