IRS Issues Letter Saying ‘Holder’ Can Pay Certain IRA Expenses

Can an outside source (e.g., individual IRA account holder) pay miscellaneous “wrap” fees related to his/her IRA or other type account?

Well, first, what are “wrap” fees?

It is not meant to be an all-inclusive definition, but such fees can include transaction costs, broker’s fees and commissions, financial planning, investment advice and even discretionary account management activities.

Well, good question!

While this question isn’t exclusively intended for self-directed plans (e.g., IRAs), it is a very common question that people ask when establishing a self-directed plan. Typically, it comes up when they are paying a one-time fee or many account related fees and they ask if the IRA has to pay for the fees or can they as individuals. This is especially true with Roth IRA accounts, as just by the very nature of the account the account holder will want to keep as many Roth dollars in the account as possible. [Read more...]

Mix Real Estate Investment With Business – Sometimes a Super Combo

Real estate investing and business often work well together. Investors can get special financing when utilizing this combination. They can also enjoy some tax advantages.

I’m sure many of you are aware that business owners/real estate investors can take advantage of special financing through the SBA. The SBA 504 program can be a great way to buy investment property and purchase office space. The SBA 504 program can allow business owners to finance up to 90% of the acquisition cost of purchasing commercial real estate. The program allows for something less than 50% of the buildings to be used as leasable space. There is much more paperwork involved but this can be a great program for acquiring commercial investment property and expanding ones business.

New rules [Read more...]

Did the IRS Actually Make Something Easier to Understand (please say it is so!)

Probably for anyone who has ever participated in a “traditional” 401K plan at their company OR are participating in a self-directed 401K, they know that 401K plan documents typically provide participants the ability to take out loan provisions from the plan. As a quick overview, typically such loans must be paid back based on the following IRS regulations:

1) The loan cannot exceed 5 years;

2) the loan must be secured in some manner;

3) amortized loan principal and interest must be paid in nothing less (or longer) than on a quarterly basis; and,

4) the loan must be repaid with a “reasonable amount of interest.” [Read more...]

When You Think You Know the Rules – the Rules Change

For six years the IRS has been working on new rules for repairs, supplies, and capitalization. Twice over this period they have issued proposed changes giving us some insight into what they were looking to do. Last week the IRS finally issued temporary regulations that take effect January 1st, 2012.

These regulations keep some of the rules that had been proposed, but have made some significant changes. I’m still digesting the 255 page regulations published in the federal register, and can share some highlights of the changes for now. [Read more...]

A US Citizen Investing In Foreign Real Estate

Knowledgeable investors can find some great real estate investments in foreign countries. You do need to be aware of many more laws regulations though when you make these investments and there often are some financial risks that you might not normally see when investing in US properties.
For US citizens that invest in real estate outside of the United States there are special reporting requirements that may be imposed. Rental properties will create income and expenses that must be reported on your US tax return and will also require filing a foreign tax return for the country where the real estate is located.

Often times though real estate will be held in an entity such as a trust, partnership or corporation. All of these entities will require a special information return to be filed disclosing information to the IRS about this foreign entity. [Read more...]