Self Directed IRA vs. Solo 401k vs. Cash Out vs. Leave it alone?

Self Directed IRA vs. Solo 401k vs. Cash Out vs. Leave it alone?

New Brunswick, NJ · Member since 2017 · 55 posts · 35 votes

PLEASE HELP!!!

I have a Roth IRA that has underperformed for years and I'm ready to be done with it. It did great in the last year so I'm looking to move it into something more productive. I heard a podcast on investing with a self directed IRA but the more I looked into it, it looked incredibly restrictive. I'm already retired military and have a pension and medical so I'm not overly worried about my real retirement and the Roth was mostly an afterthought. Now I want to increase my passive cashflow and want to do it through real estate. Bottom line is I want to use the funds in the IRA for a down payment on a multifamily in New Jersey where I'm moving next summer.

When I have mentioned this to investors they told me to stay away from Self Directed IRAs. I was told that solo 401ks are better. I'm a W2 wage earner currently so it's my understanding that I can't use a solo 401k right now. Because both of those are not good options then I could liquidate and pay the penalty or I could just leave it alone and come up with another strategy. All my wife and my free cash is going to pay off some home repairs on our current house to make it rentable when we leave so saving is not an option at this time. 

I really want to cash out but I'm looking for any sane and logical reasons why I shouldn't. Thank you.

Josh

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Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
8y

@Joshua Hilliard in rereading your posts it sounds like you have two problems (an underperforming RothIRA and a multifamily you want to buy) that you're trying to solve with one solution (rolling the Roth into an SDIRA and using those funds for the multifamily). If that solution isn't practical then perhaps addressing the two problems individually is possible. There are other investments you can make with the SDIRA that may perform better than what you're getting now such as notes or, as I think others suggested, lending to others. There are fews associated with operating an SDIRA but those fees vary from custodian to custodian. That may at least provide an amenable solution for your underperforming Roth issue.

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  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    @Joshua Hilliard

    In order to participate in a solo 401k plan, part-time self-employment activity is required. IRS publication has a good section on this.

    With respect to cashing out the Roth IRA, you will owe taxes on the gains but not the principal. However, if you are over age 59 1/2 and have had the Roth IRA for 5 years, than the gains would also be tax free. See the following for more on the Roth IRA distribution rules.

    https://www.irs.gov/publications/p590b

  • Riverside, CA · Member since 2017 · 412 posts · 296 votes
    8y
    Originally posted by @Joshua Hilliard:

    PLEASE HELP!!!

    I have a Roth IRA that has underperformed for years and I'm ready to be done with it. It did great in the last year so I'm looking to move it into something more productive. I heard a podcast on investing with a self directed IRA but the more I looked into it, it looked incredibly restrictive. I'm already retired military and have a pension and medical so I'm not overly worried about my real retirement and the Roth was mostly an afterthought. Now I want to increase my passive cashflow and want to do it through real estate. Bottom line is I want to use the funds in the IRA for a down payment on a multifamily in New Jersey where I'm moving next summer.

    When I have mentioned this to investors they told me to stay away from Self Directed IRAs. I was told that solo 401ks are better. I'm a W2 wage earner currently so it's my understanding that I can't use a solo 401k right now. Because both of those are not good options then I could liquidate and pay the penalty or I could just leave it alone and come up with another strategy. All my wife and my free cash is going to pay off some home repairs on our current house to make it rentable when we leave so saving is not an option at this time. 

    I really want to cash out but I'm looking for any sane and logical reasons why I shouldn't. Thank you.

    Josh

    This won't answer that question exactly but will be some basic guidelines. There are new implications regarding the new Tax Law. Some of it has to do with income. Some has to do with your age. Some has to do with what you think the stock market will be doing between now and retirement.

    if you are filing married joint return with a taxable income under $315,000 from all sources, then you are probably "ok" for fairly "simple" tax reporting and not a lot has changed except you will be paying a lot less in taxes. Yeah!!.  The filing single number is $157,500 taxable. As long as you are a trade or business (not just truly passive income) but if you are active in the trade or business, flipping, rentals, etc then you should be "ok". 

    If you decide to cash out, best practices would be to put the money into a separate bank account and draw on it as needed specifically for real estate investing. Also; borrowed money isn't taxed.

    One of my partners has an old 403b and he no longer works for the company, so I am suggesting to him to cash out. His is invested in the stock market right now and at some point the market has to correct. Real estate has a long way to go up and can cash flow. In his situation, he is much better off investing in real estate for the long term.

    A lot of the decision actually boils down to "do you want equity" or do you want "cash flow" and in what time period do you want it.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    8y

    @Joshua Hilliard

    While there are prohibited transaction rules with IRAs that you might be referring to as "incredibly restrictive," a self-directed IRA would remove the investment class restrictions that may be resulting in poor performance with your Roth IRA. While a Solo 401k would be even better, a SDIRA might give you just flexibility you need to get access to better returns.

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    8y

    What restrictive elements are you referring to? You could use funds from an SD IRA as a down payment though you couldn't comingle with your own funds on anything with regards to managing the building and you'd probably have to pay UDFI tax on your earnings. You can check out Podcast 211 for more on that. As I'm not an expert you should definitely check with one on that though.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    8y

    @Odie Ayaga

    Yes, UDFI tax is generally due on leveraged real estate within a self-directed IRA, but not with a Solo 401k.

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    8y

    Quick check @Justin Windham  because I thought I heard as much in Jeff Brown's podcast but don't recall: he's not able to roll a Roth into a Solo401k correct? I was going to suggest he do so in the previous post but recalled that I thought hearing that.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    8y

    @Odie Ayaga

    It depends on what kind of Roth account you're talking about. A Roth IRA cannot be transferred to a Solo 401k (or anything else besides another Roth IRA). Roth 401k (and other Roth qualified plan funds) can be transferred to a Solo 401k.

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    If you are referring to a Roth IRA, then correct that it cannot be transferred to a Roth solo 401k. This is a Roth IRA restriction.

    The restriction with respect to not being allowed to transfer or direct rollover a ROTH IRA to a 401k is listed in IRS Publication 590-A.

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    8y

    Ok that's what I thought. Thanks @Justin Windham and @George Blower!

  • New Brunswick, NJ · Member since 2017 · 55 posts · 35 votes
    8y

    Thank you guys for the posts. I was told I don't qualify for a solo 401k so I guess that's a moot point. The restrictions I was talking about that unless I am using it to buy a property outright then it's hard to get a non recourse loan from a bank and I can't partner with the Roth IRA because that's not allowed. Then on top of that I'd have to do all the leg work on the property but I get none of the immediate benefits. And on top of everything else the company I was talking to charges a lot of fees for all transactions, holdings, and even cancellation. It just seems like a bad deal to me. Maybe some one can explain it better to me in a way that makes sense because right now I am just not getting it.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    8y

    @Joshua Hilliard

    A self-directed IRA may not be the best fit for you right now based on what you've said. However, regarding the company you've been talking to charging a lot of fees, you can avoid all or most of those with checkbook control. Not every self-directed IRA custodian works well with checkbook control, but there are many that do. An LLC is formed that your IRA owns and you manage. With the IRA LLC, all transactions occur at the LLC level under your control. Non-recourse financing is a viable option for many situations, but not all. Partnering with others may be helpful. Many people will start off investing in other real estate-related assets such as tax liens and private lending either indefinitely or until they have enough to buy property outright with their retirement account. Again, it may or may not be the way you want to go, but there are likely solutions to many of the obstacles you see.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    8y

    Joshua,

    It is not hard to get a non-recourse loan. If the property meets the criteria of the lender - getting a loan is pretty straight forward. Here is a list of lenders who offer non-recourse financing to IRAs and 401Ks:

    https://www.biggerpockets.com/blogs/2810/50272-lis...

    Regarding your comment about "leg work": you supposed to invest your IRA funds passively (there are many ways to do so including being a private lender, investing in syndication, note funds or rental property). That is the whole point of tax deferred retirement account - it is not designed to provide you with immediate benefit, it is designed to provide you with the future benefits, but here is a kicker: you get to grow it in tax deferred environment! And guess what: you will need income when you turn 60 year old.

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    @Joshua Hilliard

    Is your intent to grow the retirement account, or are you looking to also personally take some of the profits?

  • Rental Property Investor · Honolulu, HAWAII (HI) · Member since 2011 · 4k+ posts · 2k+ votes
    8y
    Joshua Hilliard I am not a fan of QRPs (sdiras or solo401ks) because you are always paying fees and restricted when you can actually live off the money. The Sdira is further worse because it is unable to be leveraged effectively. The only option is to cash out refi which is good for those who are still cashflowing at new loan amount or a sell and pay the taxes (which is what I’m doing). A 1031 is not a good option but that would require a passionate phone call about.
  • New Brunswick, NJ · Member since 2017 · 55 posts · 35 votes
    8y

    Dmitriy, actually I did see something that I thought would work. I was intrigued by investing in notes with the IRA but when I began researching it the companies I looked at only allowed accredited investors. Do you know of any companies that allow an IRA to invest in notes where the owner is not accredited?

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    8y

    @Joshua Hilliard, 

    PM me and I'll give you a contact. 

  • New Brunswick, NJ · Member since 2017 · 55 posts · 35 votes
    8y
    Originally posted by @George Blower:

    @Joshua Hilliard

    Is your intent to grow the retirement account, or are you looking to also personally take some of the profits?

    Hi George, 

    I'm already receiving a nice pension so I'm not that overly concerned about the IRA at this point. I was in the market for another property and see this IRA drastically underperforming that just earned 20% this last year. I want out of the stock market. For some one that needs the Roth IRA I would understand keeping it. For me I'm just looking for performing assets and this thing is not cutting it right now. I just want it to work harder or I'm going to kill it. Looking for alternatives.

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    @Joshua Hilliard

    I see. In that case, it sounds like you fall in peculiar situation if you don't have enough Roth IRA funds to process the purchased without incorporating a non-recourse loan.

  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    8y

    @Joshua Hilliard in rereading your posts it sounds like you have two problems (an underperforming RothIRA and a multifamily you want to buy) that you're trying to solve with one solution (rolling the Roth into an SDIRA and using those funds for the multifamily). If that solution isn't practical then perhaps addressing the two problems individually is possible. There are other investments you can make with the SDIRA that may perform better than what you're getting now such as notes or, as I think others suggested, lending to others. There are fews associated with operating an SDIRA but those fees vary from custodian to custodian. That may at least provide an amenable solution for your underperforming Roth issue.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    8y
    Originally posted by @Odie Ayaga:

    @Joshua Hilliard in rereading your posts it sounds like you have two problems (an underperforming RothIRA and a multifamily you want to buy) that you're trying to solve with one solution (rolling the Roth into an SDIRA and using those funds for the multifamily). If that solution isn't practical then perhaps addressing the two problems individually is possible. There are other investments you can make with the SDIRA that may perform better than what you're getting now such as notes or, as I think others suggested, lending to others. There are fews associated with operating an SDIRA but those fees vary from custodian to custodian. That may at least provide an amenable solution for your underperforming Roth issue.

    Excellent post, Odie. I agree completely. 

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