Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Kevin S.

Kevin S. has started 22 posts and replied 381 times.

Post: Question on Checkbook IRA

Kevin S.Posted
  • Posts 384
  • Votes 233
Quote from @Jack Malpass:

I don't know who that custodian is but if that is what they say, there are many SDIRA custodians who will allow you to invest in RE in a SDIRA in those states


 I can share that with you privately.  Does your company has any (state) exclusions?

Post: Question on Checkbook IRA

Kevin S.Posted
  • Posts 384
  • Votes 233
Quote from @Jeffrey Dixon:

There are a few states that we exclude. We have found that some state governments are more problematic to deal with. The IRA owned LLC bypasses that. You may find that using the IRA owned LLC is easier when making a real estate purchase, especially when paying bills for the property.


 Thank you Jeff.  And what is the trade off bypassing?  There has to be.

Post: Question on Checkbook IRA

Kevin S.Posted
  • Posts 384
  • Votes 233
Quote from @Brett Synicky:

@Kevin S. That's the custodian who has those limitations.  


 What does that mean for me?  I cannot invest in RE in those selected states with that custodian? Thanks.

Post: Question on Checkbook IRA

Kevin S.Posted
  • Posts 384
  • Votes 233
Quote from Chris@Chris Seveney:
Quote from @Kevin S.:

Hi BP members,

Anyone know why certain states are excluded from RE investment in SDIRA account?  My state is on the list.

Is Checkbook IRA breaking IRS rule in any way? It is offered as a way to bypass buying RE in SDIRA? How is that?

I read that companies offering a checkbook IRA LLC set up package cost more than that set up by an(my) attorney or CPA. Is that true?

Last question is within the previous question. I didn't know CPA can set up LLC? Is that true?

Thanks in advance.


 I have never heard of any state where you cannot invest with a SDIRA account.  If you are setting up a checkbook control SDIRA I would work with the custodian still to get it set up properly. 

This is a section from a SIDRA website.

  1. Excluded States:
    1. Because of a variety of issues we have encountered with the following locations we will no longer accept IRA investing real estate transactions in the following areas: The State of Maryland, The State of South Carolina, The State of New York, Cook County, Chicago, Illinois, The State of Georgia, The State of Florida. This list is subject to change without advance notice. We may encounter legal issues that require immediate action which may then result in cases where investment requests are rejected.

Post: Question on Checkbook IRA

Kevin S.Posted
  • Posts 384
  • Votes 233

@Brett Synicky

I copied and pasted from a SIDRA company.

Process to Invest Your Self-Directed IRA:

  1. Complete a Self-Directed Investment Direction Form
    1. In Section 7 of this form, please indicate the following:
      • Asset being acquired
      • Amount to disburse
      • Disbursement method
        • Check -Need name of payee and address to send check to
        • Wire – Need wire instructions. If wire instructions are printed on a separate page type “see attached” then sign the actual wire instructions.
        • NO DIGITAL SIGNATURES
  2. Provide the supporting documentation
    1. Investing your IRA in Real Estate? Provide an "Offer to Purchase"
    2. Buying units of an LLC? Provide a "Subscription Agreement"
    3. Making a Note? Provide a signed copy of the Note
  3. The investor should be identified as follows:
    1. For all investments: Client First Name Last Name>, legal owner via non-trust custodial IRA with AET
    2. Be sure to indicate % of ownership on title for multiple investors
  4. Signing of documents:
    1. On a go-forward basis we will no longer sign documents.
    2. Due to the titling change, the account holder will be the only one that can sign the documents (with the new vesting)
  5. Excluded States:
    1. Because of a variety of issues we have encountered with the following locations we will no longer accept IRA investing real estate transactions in the following areas: The State of Maryland, The State of South Carolina, The State of New York, Cook County, Chicago, Illinois, The State of Georgia, The State of Florida. This list is subject to change without advance notice. We may encounter legal issues that require immediate action which may then result in cases where investment requests are rejected.

Post: Question on Checkbook IRA

Kevin S.Posted
  • Posts 384
  • Votes 233

Hi BP members,

Anyone know why certain states are excluded from RE investment in SDIRA account?  My state is on the list.

Is Checkbook IRA breaking IRS rule in any way? It is offered as a way to bypass buying RE in SDIRA? How is that?

I read that companies offering a checkbook IRA LLC set up package cost more than that set up by an(my) attorney or CPA. Is that true?

Last question is within the previous question. I didn't know CPA can set up LLC? Is that true?

Thanks in advance.

Post: CFP or CPA

Kevin S.Posted
  • Posts 384
  • Votes 233

@Brett Synicky

We are now on the same page.  I am able to withdraw without penalty.  I have a good portfolio in non retirement account and even larger in pre-tax portfolio.  If I don't start taking it out now it may grow to a point that will put me in a tax bracket I was hoping I won't be when I am retired.  So I plan to take the hit now and convert to Roth next few years.

Now I just need to talk to someone who has done it and help me walk the path.  Any BP member investor.

Next best person is CPA, as I gather from responses here.  But still need help with the whole Roth conversion thing, setting up account and investing within the Roth etc etc.

Thanks for your response, Brett.

Quote from @Melanie P.:

Does your market offer Duplex/Triplex/Fourplex housing? Depending on the price point if you could get two of those with reasonable 50% leverage you'll be on your way. I looked through our records trying to figure out the point when the real estate investing gets interesting. Lots of variables. This could get you 6-8 units if you shop patiently which is a great starting point.

Please do not send any money off to companies that advertise real estate "syndications" online. This is not true real estate investing - you're investing in an investment promoter who may eventually invest some of what you send him into real estate but you'll have zero control over the investment once you send off the funds. Many threads on here about being unable to cash out, losing principal, not getting any updates about their funds, etc.


 You are a valuable contributor to BP, especially the newbies :)

Post: CFP or CPA

Kevin S.Posted
  • Posts 384
  • Votes 233
Quote from @Brett Synicky:

@Edward Condon transferring a qualified account to another qualified retirement account is not considered a distribution and is therefore not subject to tax or penalty. I think it makes sense to real estate inside and outside of retirement accounts.   The purpose of investing in real estate with your self directed retirement account is to increase the value of the retirement account, there are no taxes of Roth or deferred if pre-tax.   So depreciation, 1031’s etc are not part of the conversation.  So buy inside and outside.   Inside a retirement account, you still get all the appreciation and rental income that adds up massively over years and the returns are usually well over double digits.   I think doing this in a Roth is the most powerful way to do it paying tax on the seed instead of the harvest.  


 If you believe in paying tax on the seed instead of harvest why buy real estate inside  retirement account?  Why not all outside?  That was my the basis of my original question, to move out of tax deferred account and into Roth.  

Post: CFP or CPA

Kevin S.Posted
  • Posts 384
  • Votes 233

@Edward Condon

BTW, why use most tax efficient money to buy least tax efficient assets?  Regardless of what money I would think you always buy tax efficient assets???