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5 May 2020 | 98 replies
The transfer to the land trust does not modify the terms of the mortgage note which prohibits transfers to an LLC.
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6 December 2017 | 24 replies
Any solution to this problem will probably be completely cost prohibitive.
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25 June 2016 | 44 replies
@Jesse KindraThe following IRS website is a good resource for self-employment requirements. https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-centerFollowing 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 The Self-Directed IRA and Solo 401k DifferencesIn 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 2015; 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.)
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9 December 2022 | 19 replies
The IRA/Solo(k) owner can then write checks out of that account to pay expenses related to the investment, and all transactions have to be reviewed and approved by a special advisor, a licensed attorney or CPA, that is appointed by the LLC in order to prevent prohibited transactions.
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17 April 2020 | 38 replies
Additionally, they seem to have a good degree of knowledge about the process (I can't speak to their knowledge of actually investing in assets or prohibitive transaction issues as I haven't asked and plan to conduct my own investigation if I am ever worried).My only concern is that it almost seems to be one guy running the show (not true, there are 2 head people and 4 other people that handle operation and administration on the back-end), so I worry about "key man risk."
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31 July 2012 | 164 replies
Seems like the only place you can carry legally is on the street.If you are in violation of packing in a prohibited area you can lose your license and get fined, if you use that weapon under any circumstances, you can end up in jail!
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27 April 2012 | 32 replies
I have yet to jump into the Short-sale market and was wondering what or if any land mines there might be and I guess I found this here and seems quite plausable that bank would prohibit this (though I suppose the owner's could move out for a while and move back in...but too much of hassel and not worth the risks).
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16 June 2016 | 5 replies
I specify for my tenants that I do not prohibit certain types of dog (the "aggressive" breeds) but I do require them to have the pet rider in their policy.
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30 October 2016 | 15 replies
They are prohibited from acting on their own.
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23 February 2016 | 7 replies
Your "lien", unless it is a mortgage which prohibits the sale, gives you no control.