
The stock market implosion of 2008 has millions of Americans feeling financially helpless. Yet individuals who are investing their 401k & IRA money in ventures outside the stock market are singing a different tune. Janice and Jack Stoddard, real estate professionals in Arkansas, heard about self directed investing from a seminar that taught how to invest IRA money into real estate.
Energized by the idea, the Stoddards established two IRAs, rolling over money from their traditional IRAs to fund them. They used the IRAs to make small real estate transactions, purchasing and reselling property at a profit with all proceeds staying in the IRA.
In 2006, an opportunity to buy and then immediately re-sell 60 acres of undeveloped land at a profit came up. Concerns over structuring the deal and keeping everything above board led the Stoddards to consult with us at Nabers Group.
“Jeff helped us establish a Solo 401k that could be used to handle the 60 acre transaction. The Solo 401k was a key component to our funding because we were able to contribute 10 times more to it than we could to an IRA. Meanwhile, our son, who works in oil and gas, alerted us to keeping our eyes open for property with mineral rights for future transactions,” Janice says.
With the proceeds from the 60 acre sale, the Stoddards began looking for their next investment. They found a 57 acre property with 54 acres of undeveloped land and a house that was sitting on three acres. The property, valued at $435,000, was more than the couple had in cash in their Solo 401k, so they began looking at options. They contacted friends in Dallas and asked if they’d be interested in joining them in the investment. Their goal was to buy it and sub-divide it for resale in five and ten acre parcels. Their friends, both physicians, agreed. We helped the couples form a Limited Liability Company for purposes of purchasing the land. The LLC is owned jointly by the Stoddard’s Solo 401k and their friend’s IRA.
The owner had originally listed the property for $5,250 an acre with only 50% of the mineral rights. At the time no drilling was taking place on the property and no natural gas had been pulled from the ground. The Stoddards negotiated for full mineral rights and bought them with the property for $5,875 per acre. Over the next few months, natural gas producer Chesapeake Energy put a well on the property, and soon the LLC was receiving large monthly royalty checks for the natural gas on the property. Over 18 months, those checks totaled more than $100,000. When the Stoddards were approached by a buyer who wanted to purchase the mineral rights and not the land for $8700 an acre, they sold the rights, netting another $465,000 while retaining the land, now valued at an estimated $435,000.
A key to their success is that Janice knows real estate and knew how to identify an under-valued property that was a good investment. With her son’s knowledge of oil and gas, her strategy became as much about the mineral rights as the real estate. Mineral rights prices had been skyrocketing, lease values had been increasing in her area, and Janice knew she could resell the land and improvements alone and at least break even while keeping what she was really after – the mineral rights.
Within six real estate transactions, the LLC’s asset value had gone from $350,000 to more than $950,000 in under two years. The Stoddards have more than quadrupled their initial investment, and they aren’t stopping there. Other property and mineral rights deals are already on the table for purchase with their Solo 401k funds. Our firm regularly structures Self Directed IRA & Solo 401k investment plans, and although the growth in the Stoddards’ investments is exceptional, it is not unique for someone who is as diligent in their investing as they are.
“I will admit to being a researcher,” Janice Stoddard says. “When I found out that as a self-employed individual I could set up a retirement plan that would allow me to invest in real estate, which is something I know very well, I was excited about that. The hard part was finding a financial expert who would embrace the concept of self directed investing. Everyone I talked to told me I should buy stocks instead. The Nabers Group has a wealth of experience in this area and Jeff has been very instrumental in giving us a thorough understanding of our options and the opportunities,” she says.
Today Stoddard advises other real estate professionals to do the same thing, and she’s joined the IRA Association of America to ensure that she is aware of regulations and new opportunities available to individual investors. “I talk to my friends, and they are absolutely despondent over what is happening to money they thought they had for retirement or college. A lot of people have lost a lot of money in recent months. When I tell them I didn’t lose a dime and that I’ve quadrupled the value of my Solo 401k over the last eighteen months, they want to know how,” Stoddard says.
Here at Nabers Group we are seeing our business grow because there are plenty of people who are not willing to ‘wait and see what happens’ with the stock market. They want control over their finances, and they want to replace their restrictive IRA or 401k with one that offers unlimited possibilities.
Stoddard says she never hesitates to tell people to take charge of their own retirement money. “If we had not established our self directed investment accounts we would not have the cash available for investing that we now have. That’s what allows us the ability to act fast with real estate and mineral rights opportunities. It’s a lot different than helplessly watching the market, and it has absolutely changed our future,” she says.
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So if they are real estate professionals and purchased property that they then flipped inside their accounts, are they subject to UBIT? I’m very hazy on what the IRS defines as a “unrelated trade or business”. If I’m hands off (only pick the property and direct others to renovate/improve/etc.) the property and subsequently sell it at a profit without ever having generated a passive income (rent, gas/oil royalties, etc.), does this automatically mean that the profits are subject to UBIT, because I’m selling a “good or service”? Does it matter if what I do in my own business is related to what I invest in? That is, if I actively invest in real estate and then buy/sell real estate inside my self directed accounts, does this automatically mean that my self directed accounts are subject to UBIT?
Thanks for your response Jeff.
- William
William,
There is no clear line drawn by the IRS and the determination is on a case-by-case basis. If you were to get audited they would look at many factors. The more properties bought and sold, the more it looks like an active operation. The shorter the holding period, the more it looks like an active operation.
Jeff
This is so confusing, your previous article stipulates you need to have your investments in passive type mode to avoid the IRS from taxing the entire 401k, but this article clearly shows it as being active yet it is ok, can you please clarify. Thank you.
Hi, Rod.
Let me help clarify this for you.
The Stoddards didn’t approach these transactions as a way to deal real estate (flipping).
They simply bought real estate with mineral rights knowing those mineral rights would be valuable. The process worked something like this:
1. Acquire property with mineral rights
2. Lease the mineral rights to an energy company
3. Sell the property if/when a buyer comes along willing to pay a price worth selling for
Acquiring the property didn’t put them into “active mode.” Leasing the mineral rights didn’t put them into “active mode” either. Receiving lease income is a very passive activity. They happened to be in an area with lots of mineral activity, and with many of their properties they were receiving purchase offers frequently. Deciding to accept an offer doesn’t put them into “active mode.”
If they went all around the country continuing to execute a “system” it would likely be viewed as a business, but they haven’t done that. In fact, I don’t think they’ve done any mineral deals recently. They had a few transactions that made them a lot of money. Making a lot of money doesn’t throw up an “active trade or business” red flag immediately. It might if ridiculous profits are generated on a continuing basis. Close inspection of the Stoddard’s transaction reveals that they acquired properties, received mineral lease income, and later sold when the offers were too irresistible,.
It’s a tale of inspiration and possibilities to showcase the financial power of the Solo 401k. It’s not a roadmap of exactly how to duplicate their transactions and results. They made a lot of money because they had their mind and eyes open to opportunities and they made good decisions.
I hope this helps!
Jeff