Sunday, February 23, 2014

We want to establish a SDIRA LLC for foreign real estate

http://www.mysolo401k.blogspot.com/



Here is what my wife and I are interested in doing:
 
I have a traditional IRA and Roth IRA.  My wife, Lisa has a Roth IRA and may be able to roll her employer's 403B into a traditional IRA soon.
 
QUESTION 1: We want to establish a SDIRA LLC (possibly a Nevis LLC? in an offshore bank, possibly Belize?)  What experience do you have in this area?

ANSWER:  A self-directed IRA may invest in foreign investments such as foreign real estate and foreign stock, to name a few.  Nonetheless significant caution should be applied and as such the IRA owner should consult with a local attorney in the nation where the investment will take place. Some countries may require that an LLC is setup.
 
QUESTION 2: How many LLCs do we need to handle our collective 3 IRAs?  How many bank accounts do we need to open for these?  

ANSWER: Only one LLC and one bank account is required as all IRAs may invest in the same LLC.

QUESTION 3: Our investments will primarily be offshore real estate and farm / forest land.  What experience do you have in this area?

ANSWER:  The same rules that apply to domestic real estate investments using Solo 401k or IRA funds apply to foreign real estate investments (e.g., the IRA owner may not use the property for his own benefit, exchange real estate to or from the IRA LLC, perform repairs on the property, or receive a commission, to name a few), with the exception, of course, of the foreign countries’ requirements as stated above.
 

 
Thanks,

Mike in Florida

Tuesday, February 18, 2014

A way to loan money to the Corp from my solo 401k plan




http://www.mysolo401k.net/

BACKGROUND / QUESTION: I am looking for a way to loan money to the Corp from my solo 401k plan.
I am a 25% shareholder, employee and corp treasurer of the S-corp in question.  My father also owns 25%.  The other 50% is owned by a non-family member. 

ANSWER:  Unfortunately, you cannot loan your solo 401k as an investment (promissory note investment) to a company that you work for.  Reason being, pursuant to the 401k prohibited transaction rules the solo 401k owner/participant is a disqualified person and therefore cannot invest his or her solo 401k funds in a business that the solo 401k owner works for.

However, a solution may be for you to take a loan from your solo 401k plan. Because the borrowed funds will no longer be considered 401k funds, you may use the funds however you wish including for business investment.  

Regards,

Nick in Texas