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In this video, we’re going to discuss Wholesaling with Self-Directed IRAs. It’s something you need to learn about if you’re going to be a wholesaler because there could be traps waiting for you.
Questions or requests for a video topic are always welcome!
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ABOUT CLINT COONS
Clint Coons, Esq. is one of the founding partners of Anderson Law Group, Clint has grown his legal and tax firm to over 400 employees by assisting real estate investors with creating and implementing solid entity structuring plans. His success in these regards is in large part due to his personal investing experience. A successful attorney, real estate investor, and speaker, Clint has used his innovative and dynamic strategies coupled with knowledge borne from experience to help thousands of people save millions of dollars and build real wealth.
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
#Wholesaling #SelfDirectedIRA…(read more)
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Wholesaling with a self-directed IRA can be a smart way to invest in real estate without putting up a large amount of cash upfront. However, there are potential traps and pitfalls that investors must be aware of in order to protect their retirement savings.
First and foremost, it’s important to understand what wholesaling is. Wholesaling is a type of real estate investing in which an investor contracts to purchase a property at a discounted price and then assigns that contract to another buyer for a fee. This allows the investor to make a profit without ever taking ownership of the property.
Using a self-directed IRA for wholesaling can offer several advantages, such as tax-deferred growth, the ability to invest in a wider range of assets, and the potential for higher returns. However, there are strict rules and regulations governing what types of investments are allowed in a self-directed IRA, so it’s important to do your homework before getting started.
One common trap that investors can fall into when wholesaling with a self-directed IRA is using the IRA funds to directly purchase a property. This is not allowed under IRS rules, as it would be considered a prohibited transaction. Instead, the IRA should be used to fund the purchase contract, and any profits should be deposited directly back into the IRA.
Another potential trap is failing to properly structure the wholesaling transaction. It’s important to consult with a knowledgeable attorney or financial advisor to ensure that the transaction is done in a compliant manner and that all IRS rules are followed.
Additionally, investors should be cautious of any promoters or gurus who promise guaranteed returns or quick profits through wholesaling with a self-directed IRA. Real estate investing always carries some level of risk, and it’s important to thoroughly research any investment opportunity before committing your retirement savings.
In conclusion, wholesaling with a self-directed IRA can be a lucrative way to invest in real estate, but it’s crucial to be aware of the potential traps and pitfalls that can arise. By understanding the rules and regulations governing self-directed IRAs, seeking professional advice, and practicing due diligence, investors can navigate the world of wholesaling successfully and protect their retirement savings.
I am so glad that I ran across these videos when I did. I'm a rookie real estate investor. I haven't inked a deal yet so there's no room for any of the pitfalls Mr. Coons detailed. I will definitely be working with Anderson Business Advisors. I hired a two coaches and paid for two courses from a couple of industry giants. They were brilliant in teaching how to identify motivated sellers and what types of land to prospect and sell to a variety of buyers. The cursory get an LLC because you're a homeowner was the only advice I received regarding structuring the business. After watching these videos I now know I need a C Corps in my home state a Marketing LLC in Wyoming and a wholesale trust in the states I work in. I binge watched these videos. Best time investment I made in furthering my business development.
Clint, great video, what about assigning contracts in a "Roth IRA LLC" product? Any advice there?
Can't you wholesale in a LLC and sell the contract to the IRA and flip the property in the ira
So what's the best way to set this up if your a wholesaler? Paying least amount of taxes of course.
Can’t I just wholesale deals thru my LLC and then higher contributions to my Solo 401k?
Hi Clint. Thanks for a great video..What do you think of wholesaling done with an LLC owned by a solo401k ?
Nice video!
I've been looking at using my IRA funds to invest in real estate. I saw all the problems you mentioned here. The biggest tidbit I saw was that if anything even looks like it's a "straw man", where you control the IRA and you "control" whatever entity is doing the investment, there's a high likelihood that the IRS will say "game over" and destroy your IRA in the process. That puts even the C-Corp suggestion at risk since it's still a "straw man" between your IRA and your active investments.
One thing I did learn is that it's only the specific IRA that engages in the prohibited transactions that gets blown up. So if you're not sure or you're feeling sorta lucky, you could put some of your retirement funds in a self-directed IRA. Then, if that does blow up, you don't zero out all your retirement funds. Compartmentalizes the risk.
The biggest thing I took away from all of this is that you cannot in any way, shape, or form, actively manage your real estate investments if your IRA money is involved.
EDIT: Found this after some looking: https://www.irs.gov/pub/irs-wd/9936012.pdf
It's the interpretation of "Step Transactions" . Basically everything Clint describes in this video becomes that. In my opinion, I believe the C-Corp scenario would also be a step transaction since, as the owner of the IRA and controlling part of the C-Corp are the same person.
"The step transaction doctrine is a rule of substance over form that treats a series of
formally separate but related steps as a single transaction if the steps are in
substance integrated, interdependent and focused towards a particular result.
Penrod v. Commissioner, 88 T.C. 1415, 1428 (1987)."
Off topic if i have a solo 401k do i really need to open a self directed roth ira for anything even real estate investing
Clint is soooo sharp hope that never ends
Great info!!!
I've never heard of this concept before! I knew you could buy real estate out of a self directed IRA just didn't know you could wholesale. Awesome!
how about cryptocurrency investing and buying real estates with those gains?
Wow! I’m thankful that I have a solo 401(k) after watching this video
Thank you for mentioning the committee change over. Yes, he who controls the purse strings makes the rules. Either way, I would not use IRA or this types of vehicles in any format. You dont want that letter, We would like to inform you we are auditing recent activities and transactions…..
Very good video