Advanced 401K Structures

Self Directed IRA Self Controlled 401k

IRA custodian required -Tax code requires a bank or trust company to hold title to the IRA as the custodian

NO custodian required – Business owner is allowed to have 100% administration authority over their plan

IRA custodian – IRA owner must submit investment paper work and wait on the  custodian to process

NO custodian - Means no paper work to submit thus avoiding lost time or investment opportunity

IRA custodian - Can say “NO” to an investment if they are not comfortable with it or do not understand it

NO custodian – Means no one can limit your freedom of choice. Note: You must avoid disallowed investments and prohibited transactions (check with your professional tax adviser)

IRA custodian - Charges ongoing percentage or transactional fees. Real estate investments involving multiple steps can add up fees very quickly in addition to the normal expenses associated with real estate transactions

NO custodian – Equals more tax deferred profit inside your plan which in turn provides more capital for you to invest

IRA custodian – Controls the purse strings to your money. You are NOT allowed check book control

NO custodian – You have 100% check book control of the funds inside your 401k via a checking / savings account held at one of the nation’s largest banks

IRA custodian – May allow the IRA to invest in a Limited Liability Company?

May allow the IRA owner to manage the LLC including the checkbook?

NO custodian – Your 401k does not require an LLC for you to have check book control, which avoids the extra layer of complications and bookkeeping

IRA tax code - Does NOT allow a married couple to comingle their funds into one common account. Nor does it allow joint ownership in a common investment such as real estate

401k tax code - Designed to allow participants in the plan to pool their funds into a common account. Note: Selecting investments and the performance of investments is unique to each individual and must be accounted for on a separate basis

IRA tax code - Does NOT allow long term personal loans to be issued to the IRA owner

401k tax code – Says, YES… Participant loans can be issued under the 50/50/5 rule.

50% of account value up to a maximum of $50,000 with a maximum loan term of 5 years

IRA TAX TRAP – When financing is used to leverage an investment (i.e. real estate) inside the IRA this will result in a very nasty tax called Unrelated Business Income Tax (UBIT) of up to 15% payable by the IRA for the calendar year of the transaction

401k tax code – Financing (leverage) of an investment inside the 401k does not (in the majority of cases) incur Unrelated Business Income Tax (UBIT) as long as personal non-recourse financing is used (always check with your professional tax adviser)