For the self employed, a fantastic development has occurred over the past few years – the Solo 401(k). One distinct advantage of the Solo 401(k) over an IRA is that it is not subject to paying UBIT on profits from financed real estate. Eliminating UBIT by using a Solo 401(k) eliminates the need to file a return (Form 990-T) as well as the accompanying tax. Sound pretty good so far?

The difficulty in recent times has been obtaining nonrecourse financing. The leader of NR financing in the Self Directed IRA industry for the past few years has been North American Savings Bank. Last year, they took the familiarity of IRA lending and applied it to Solo 401(k). Unfortunately for many Solo(k) investors, this has only been available to plans who choose to name a custodian as trustee of the plan. Qualified plans (which is what all 401k plans are) are different than IRAs in that they are not required by law to name a custodian (bank or trust company) as trustee of the plan assets. Investors who establish Self Directed Solo 401(k) plans that name themselves as trustee for simplicity have not been able to readily obtain mortgage loans for their Solo (k) plan from NASB.

Well, as of this month, NASB has expanded their loan products to include a nonrecourse loan program for self trusteed Solo 401(k) plans. I caught up with Matt Allen to discuss the great news on UNLIMITED RETIREMENT ACCOUNT® Radio. The skinny is that the program is almost identical to the IRA lending program. If you aren’t familiar with their guidelines, check out the URA Radio show podcast as it become available soon.

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Conventional Tax Strategies for Real Estate

Many real estate investors boast of their tax strategy as involving one or more of the following:

Depreciation – This is a tax concept where the property owner pretends that his property is decreasing in value. For residential real estate, it assumes that the property’s improvements will become worthless over 27.5 years. In commercial real estate, the calculation is for 39 years. During each year of property ownership, the owner can take that year’s pro rata depreciation as if it is a loss against the income of the property… which reduces the taxable income of the property, thus reducing the amount of taxes due. Upon future sale of the property, depreciation normally must be “recaptured” which means that there is no more pretending, and the taxes on the truly realized gains must be paid anyways.

Cash out Refi – This is where the owner of the property will refinance the mortgage. The new loan will have a higher balance than the old one, resulting in “cash out”. Because this is just borrowing, it is not a taxable event. Upon future sale of the property, however, taxes will normally be due on the actual gains anyways.

1031 Exchange – Upon the sale of real property, the gains can be deferred if they are used to purchase property of “like kind” within a certain time period. It goes something like this:

• Sell Property A
• Have a “qualified intermediary” receive the proceeds of the sale
• Replacement property (“Property B“) must be identified in writing within 45 days of the sale of Property A
• Property B must be purchased (closed) within 180 days of the sale of Property A

• Property B must be of equal or greater value to Property A
• Both properties must be “like kind”. For instance if Property A was U.S. real estate, Property B must also be U.S. real estate.

So, savvy real estate investors often pride themselves in combining these tax strategies to drastically reduce or even eliminate taxes. This can be a very powerful strategy.

Don’t let the tail wag the dog

Perhaps an even more powerful strategy is to use a Self Directed 401(k). I think where using retirement accounts can add an advantage is by not requiring you to 1031, refi, or follow any restrictive plan in order to defer or eliminate taxes.

Let’s imagine I buy an investment property in my Self Directed 401(k), and you buy a similar property outside of your 401(k). We both want to eliminate or defer taxes. I have more options on how I can proceed with my investment than you do.

1. When I sell my property, I don’t have to buy another one within a few months.
2. I don’t have to continue buying more expensive properties; i.e. “trading up“.
3. I don’t have to use a certain amount of leverage to ensure I have enough interest expenses to sufficiently reduce my taxable income.
4. I don’t have to borrow my gain through a refinance and bear the interest expense. I can just sell.
5. I can focus on maximizing cash flow instead of trying to hit a sweet spot of only getting enough cash flow that can be hidden by depreciation deductions.
6. I can invest in real estate options, mortgage notes, revenue participation contracts, and virtually anything else with my proceeds… including assets in a foreign country.

Repeat this situation over and over, and I believe my additional options will sometimes result in better bottom line investment performance. I want maximization of investment performance as my unconditional primary focus, and that is only possible when I can buy what I want when I want.

Simple Advice: Buy & Sell at Different Times

When I had my mortgage company, I asked one of my wealthiest clients why he didn’t use 1031 exchanges. He explained to me, “Jeff, I’m not a genius. I don’t know everything about the real estate market and what it’s going to do. So I have to keep things simple: I buy when property is cheap, and I sell when property is expensive. Normally these two events are further apart than 180 days, so I don’t use the 1031.” He was basically playing on market cycles. Things go up and come down. He buys when they are down, and sells when they are up. I like to take his philosophy a step further: to fully make use of market cycles you must be prepared to invest in real estate in different locations, and in different ways… (i.e. real estate options, debt instruments secured by real estate, different purchase prices, etc.)

In another item of notability, the inflationary situation is creating an encouraging opportunity for investment into any asset not exposed to US Dollars. You can’t use 1031 to defer the gains of a US property into a foreign property.

Imagine how your next real estate investment will go if you knew you could buy and sell when and where you want and still defer the taxes on income and gains.

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This is quite a simple concept so this post will be very brief.

• Our weak economy has brought very high inflation: as high as 13% over the past year.
• Future dollars are worth much less than dollars today.
• With a Solo 401k you can make tax-deductible contributions to your retirement plan in today’s dollars and pay taxes later in less valuable dollars.
• Successful entrepreneurs and self employed individuals can contribute $49,000 per year or more to their Solo 401k in 2009.

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In this segment we briefly discuss the Solo 401k and how it differs from a Self Directed IRA.

The following clip observes the benefits of unrestricted investment choices.

[Additional clips from this discussion to come]

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While there are many people finding themselves more fearful than ever, there are others who are more excited than ever. Here’s why…

1. The rules of safety and courage have changed. Since the industrial revolution, employee-ism has surged. During this time, getting a job to work for somebody else was the safe thing to do. On the other side of the coin the risky, courageous act of working for oneself is what brings riches. As a result, each person has been faced with a choice to pursue either safety or riches. Part of what made employee-ism the safe bet for an individual is the stability of companies as well as what has become the largest store of non-real estate wealth in our country: holdings in the stock market. This year we have seen the rules of the game permanently changed. Our financial system is crashing, and trustworthiness has evaporated from corporate America and the financial services industry. Now working for yourself is no longer the courageous thing to do; it’s the safe thing to do.
2. Technology has brought immense power to everybody. Personal computers and the internet are now available to just about everyone. This has made some very expensive things become cheap or free. This has made it possible to do things that were previously impossible. There is no longer a need for every transaction to take place in a physical location. Needs and desires are able to be fulfilled online. In many circumstances, the large corporation cannot compete with the one-man shop. Today a person can start and run several businesses for little or no money. Taking something and creating or increasing its value has never been more accessible.
3. Arbitrage has never been easier to find and profit from. Arbitrage is the process of equalizing values. When two similar or identical assets can be bought at different prices in different markets, arbitrageurs show up to buy the assets in the lower priced market and sell them in the higher priced market. This act itself will usually bring the prices together in both markets. People have been “arbing” since the beginning of time. A farmer grows corn, and there is a town close by where he sells his corn. He discovers that in an other town further down the road, his corn will sell for more. He takes it there and enjoys increased profits for a period of time. In the book The 4 Hour Work Week, Tim Ferriss discusses geo-arbitrage. He describes this as the act of spending time in foreign locations that have a lower cost of living without reducing your standard of living – in fact he offers case studies in which people have largely upgraded their standard of living while maintaining or lowering their expenses. Anyone who can run their business over the internet will have the opportunity to enjoy geo-arbitrage. More change brings more arbitrage. We find ourselves in a time when change has never been more rapid or significant. Arbitrage has also never been more abundant.

I believe we’re moving into a time when self employment will replace much of the employee-ism of our recent history. Self employment today is quite different than just working a job for your own company. Owning a business in our rapidly changing, technology-armed environment allows you to disconnect your compensation from your time. Once your business can function independent of your personal time, you can develop additional streams of income and find ways to improve your businesses.

Every person, every government, and every company in the world is feeling the pressing of tremendous forces. Some of them include rising gas prices, rising food prices, rising real estate prices, falling real estate prices, unemployment, competition, etc. All of these problems create a demand for solutions. In some scenarios, large businesses with thousands of employees are too cumbersome to make changes as effectively as small businesses. As long as we continue to see change, there will be growing opportunity for small businesses to make the world a better place and profit in the course of doing so.

I believe self employment, responsibility, and self directed wealth management will become more common than the unnatural dependence of our recent years. There will be little opportunity for fraud and corruption once we have moved our wealth and power into our own hands.

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Precious Metals

Gold, silver, and platinum coins

Precious metals can offer a secure way to ensure wealth preservation. Gold has been used directly as money for the vast majority of human history. Own the only asset that has been time tested for thousands of years.

Real Estate

Cash purchased or leveraged, residential, commercial, land, options, tenants in common, mortgage notes, trust deeds, domestic or foreign

Owning real assets can be a predictable and understandable way to protect and grow wealth.

Private Companies

Stock in corporations, membership units in LLCs, promissory notes, private placements memorandums, hedge funds, domestic or foreign, revenue participation agreements

Invest in the startup or expansion of private companies… others’ or your own.

Miscellaneous

Foreign bank accounts
While you are probably familiar with holding the U.S. Dollar as a liquid asset in a U.S. bank account, today’s inflationary dollar policies create a strong incentive to hold liquid reserves in foreign banks denominated in a foreign currency that is likely to be more stable than the dollar.

Foreign stock markets
The crash of the American economy doesn’t have to leave you moping around waiting for it to be rebuilt. Take a look at the vibrant economies of other countries. Your Solo 401k can invest directly into stock markets in other countries.

American stock market – Expanded options
With our Self Directed Solo 401k, you can buy and sell options, trade on margin, sell stocks short, and invest in many stocks and funds that are usually unavailable to conventional IRA and 401k accounts.

What is and isn’t allowed

The only specific assets that aren’t allowed are collectibles and precious metal bullion. Rather than list allowable investments, the law names what is disallowed.

In addition to the 2 disallowed investments, “prohibited transactions” are not allowed. These are generally transactions that involve or benefit yourself or your family – outside of taxable distributions from your retirement account.

While there are flawed theories that attempt to convince Joe the Plumber to use the stock market as his sole source of investment opportunities, actual data suggests that across the globe the two leading sources of wealth are real estate and business ownership. Annual wealth reports also often dictate that the wealthy enjoy returns from their private investments far superior to their returns from publicly traded securities.

A winning investment strategy simply insn’t likely with a severely restricted investment platform. With a Self Directed Solo 401k, you can enjoy unlimited possibilities.

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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