Archive for the ‘Self-directed IRAs’ Category

Preparing for more permissive IRA-to-Roth-IRA conversion rules in 2010

Wednesday, August 12th, 2009 by Moore McLaughlin

2010 will be a pivotal one for retirement planning, as it will be the first year in which taxpayers will be able to convert funds in regular IRAs (as well as qualified plan funds) to Roth IRAs regardless of their income level. The tax attorneys at McLaughlin & Quinn, LLC are currently advising clients and CPAs on these new rules.  This new conversion option poses significant tax planning challenges and opportunities for 2009, 2010 and 2011. The following takes a look at the new conversion option, and explains how to prepare for it.

Conversions to Roth IRAs. For 2009, taxpayers (other than married persons filing separately) with modified adjusted gross income (AGI) of $100,000 or less may convert IRA-to-Roth Conversionamounts in a traditional IRA to amounts in a Roth IRA. Amounts from a SEP-IRA or a SIMPLE IRA also may be converted to a Roth IRA, but a conversion from a SIMPLE IRA may be made only after the 2-year period beginning on the date on which the taxpayer first participated in any SIMPLE IRA maintained by the taxpayer’s employer.

For purposes of conversions to Roth IRAs, AGI is defined as it is for traditional IRA purposes except that it does not include income resulting from the conversion from a traditional IRA to a Roth IRA. AGI-for purposes of determining conversion eligibility only-does not include any required minimum distribution from an IRA under Code Sec. 408(a)(6) and Code Sec. 408(b)(3).

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Self-Directed IRAs

Saturday, May 16th, 2009 by Moore McLaughlin

irafotolia_1775827_m_20204751_stdI recently attended a seminar sponsored by PENSCO, one of the leaders in self-directed IRA custodians. I was amazed at how many ways self-directed IRAs are being used. I knew about direct real estate investments and direct loans, but self-directed IRAs are being used for so much more.

A self-directed IRA is merely an IRA with the ability to invest in any types of qualified investment. Most IRAs have restrictions on the types of investments that are allowed. These restrictions are in place because the custodian of the IRA, for a variety of reasons, does not want to allow these alternative investments, even though the law clearly allows them.

The only restriction on the type of investment found in the law is that an IRA cannot invest in collectibles, life insurance or own stock of an S corporation. Other than that, it is wide open. People are investing in LLCs that buy leveraged real estate, run start-up companies and buy tax lien certificates.

Care must be taken to avoid so-called prohibited transactions and dealings with disqualified persons, but if these can be avoided, investors can realized enormous returns on thier investments, on an after-tax basis.

I will be writing more about self-directed IRAs in the near future in an attempt to spread the word. Like with 1031 exchanges a few years ago, a signficant number of professionals and investors are still not aware of this very powerful tool.