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All Forum Posts by: Kirk Chisholm

Kirk Chisholm has started 2 posts and replied 41 times.

Post: Private funding

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

More information is needed to give you a proper answer. However based on my experience, this is probably what you mean.

If you sister inherited money through being a beneficiary of an IRA (which would make it an inherited IRA), then the money should stay in her IRA unless she wants to pay the taxes on the funds. Unless she likes paying taxes she will most likely want to keep it in the IRA.
The financial advisor may not know this (most don't), but she can invest her IRA into anything that is considered an investment with a few exceptions. She does not need to take the money out of her IRA to invest in private notes with you Hal Elarbee. She can invest the IRA funds in a private note inside the IRA. Prohibited transaction rules do not allow family members to participate in transactions/ investments with other family members. However there is an exception for sibings. As her brother, she can (in most cases) invest with you while keeping the money inside her IRA.

If her financial advisor is telling her she cannot do these things, then she needs to find a new financial advisor who understands how to invest in traditional investments (stocks, bonds, or mutual funds) as well as alternative investments such as real estate, private notes, tax liens, etc. You should also understand that in the majority of cases she can move some or all of the money to another firm, or advisor if she chooses. This is her choice, not the advisor's.

Post: Rental Income Tax - avoid?

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Aaron Matassa you might want to consider investing in real estate properties inside your retirement account. Although this puts another layer of detail you have to plan for, it might help you address your concerns.

Post: Financing a property within an SDIRA/LLC

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Jim Bentley There are very few bank lenders who specialize in lending non-recourse on a piece of real estate in an IRA. If you use a bank which does not specialize in this area, and who is willing to lend non-recourse to a property held in your IRA, make sure you consult an attorney who understands how this is done to make sure the mortgage documents are prepared properly.

You might also consider looking for a private lender if you cannot find a bank to lend on your property

Post: Who is your self-directed IRA custodian of choice & why?

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Kevin Lunt
The Self Directed IRA Custodian you ultimately choose to use should be the best fit for what you are trying to accomplish.

There are a number of high quality custodians out there. They all have strengths and weaknesses. We have done a fair amount of research and due diligence for clients on different qualified custodians. There is no one size fits all custodian out there to my knowledge.

There are many factors you should consider in this process. I have listed a few of them to point you in the right direction:

1) Specialization: while some custodians specialize in traditional investments (stocks, bonds, and mutual funds), others specialize in alternative investments (real estate, private mortgages, tax liens, livestock, private businesses, or other non-traded security). Some custodians do both or claim to do both. While we are always looking for new custodians who have particular specialties, we have yet to find one which does everything well.

2) Assets: it will depend on the amount of assets you intend to keep in the account. If you have too little, then your returns might be significantly impacted by the fees you ultimately have to pay.

3) Number of transactions: it will depend on how many transactions you predict to have in the account annually. If you are buying one piece of real estate in your IRA, then your choice might be different than if you make 100 transactions buying different tax liens or other private lending transactions. Some custodians charge an amount based on the amount of assets and others charge per transaction. Be aware that when you are estimating your transaction fees, that some charge a fee to purchase an asset and a fee to sell it (just like with a traditional broker).

4) Misc Fees: almost all of the custodians we have researched charge some sort of misc fees. This can be for things like: fed funds wires, notarizing documents, document storage, account setup fees, statement fees, transfer fees, account termination fees, servicing fees such as writing a check, processing documents, etc. Be wary of these. They can add up quickly.

5) Service: This is one of the most overlooked areas in the research process. However, it is difficult to determine high quality service since you have to have had an experience with the custodian to know how this affects you. Service from the custodian is important because many investments require a timely response for requests. If you own real estate in your IRA, then the custodian needs to pay the bills by writing checks, and depositing checks from rent or other income from the property. This can have implications if the service is lacking or slow to respond. You will have to learn from others experiences to accurately judge this metric.

In conclusion, it makes sense to always do your research. While there are a number of things to consider when using a self-directed IRA custodian, the most important thing to remember is to find one which works best for you.

Two final notes:

First, don't confuse Administrators with Custodians. While they they perform similar tasks, there are some small differences. In some cases you will be required to use a qualified custodian rather than an administrator. Be aware of the differences and if it is applicable to your situation when you choose between the two.

Second, while using your retirement funds to invest in an area in which you are an expert is a smart idea, it should also be noted that this process carries an extra amount of risk as well. Custodians, by law, are not allowed to give advice, so you should not rely on them exclusively to educate you whether you are creating prohibited transactions. Please contact a professional advisor or attorney who thoroughly understands this process for more detail.

Post: Property management co in self-directed IRA

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

K. Mitchell

If the intent of the rules are to keep you at an arms length from your IRA, then any action you take that effectively transfers money from you to your IRA or from your IRA to you will most likely be prohibited. There are exceptions to many rules, but what you are trying to do is not one of them.

Why would you want to pay your IRA to manage your real estate? There are many ways to construct real estate transactions in creative ways that are compliant. Don't try to fit a square peg in a round hole.

Post: Qualifying for sd roth solo 401k

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Mike T. There is no simple answer without more information about your situation. Setting up any type of 401k plan is typically more complicated than just setting up an IRA. There are many factors which can impact the answer to your question. Whether you or your wife contribute to another 401k plan is one such factor.

Frankly I would not suggest posting all the pertinent information on this or any forum to get your answers. I suggest you consult a tax professional to give you the best answer possible. If you do not use a tax professional to prepare your taxes or if you use a tax professional who doesn't have expertise in 401k plans, then I would suggest finding on for at least one year to make sure it is done properly.

Some financial advisors can help to set up a 401k plan, depending on what is required, but whoever is preparing your taxes would be in the best position to advise how much if any money can be contributed in any given year.

As a a side note. You mentioned "SD", by which I assume you mean "self-directed". Are you looking to use it to invest in real estate? if you are looking to use these retirement funds to invest in assets such as real estate inside the plan, then you should consider an financial advisor or tax advisor who has a background in this area.

Sorry for the long-winded answer, but while the answer you are looking for may seem simple, there are a lot of factors which can change the outcome.

Kirk

Post: Newbie passive investing strategies

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Kathleen DeNault-Ridge I have to agree with Ned Carey here in that 5k is not a lot to invest for diversification purposes unless you are buying a few $100 tax liens. However the flip side is that you won't get hurt too badly if you mess up. It is better to experiment and get your training wheels with smaller amounts of money until you become proficient with the type of investment that is suitable for you.

The second thing to think about is that any type of investing strategy has good and bad points, what is important is that that type of strategy works best for you. For example, buying a property might sounds good, but if you don't like swinging a hammer or managing maintenance people, then it might not be for suitable for you. Many people make buying real estate, tax liens, or private notes sound appealing, but if it does not suit your investment style, then you will find the experience challenging. I would suggest thinking about what type of things your want in an investment and what you don't want. This forum is a good place to figure that out. When you know what you want out of an investment, then you should learn as much as you can about it and don't forget about the two golden rules:

1) Don't lose money
2) don't forget rule number 1

Post: 2013 Northern Arizona Tax Lien results

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Jerry K.
Great posts. Glad to see there is at least 1 person who has detailed knowledge about tax liens. Great data as well. Is this data publicly available to all or just to participants in the auction? Is this data available to all states or just AZ?
thanks

Post: New Member, Wealth Manager from Lexington, MA

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

Brandon Turner thanks for the tips. the alerts is a great service for this forum

Justin Silverio our firm has a strong focus with real estate or real estate related investments. On the personal side, I focus on real estate related paper (private mortgages and tax liens). At some point I will consider investing in actual properties. At the moment I just don't have the bandwidth to manage them. Paper is much easier.

In some parts of the country it is almost too good to pass up, but I like to focus my efforts in one place than spread myself too thin.

Sean Brennan thanks

Post: Ran Out of Investment Cash - Going for the Retirement Accts

Kirk ChisholmPosted
  • Professional
  • Lexington, MA
  • Posts 45
  • Votes 6

without rules we wouldn't have attorneys, bankers or politicians... then where would be be :)