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All Forum Posts by: Kirk Chisholm

Kirk Chisholm has started 2 posts and replied 41 times.

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

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

Michael Campbell, There are many rules outlined by the IRS and there are many exceptions to those rules, and there are exceptions to those exceptions. The "sweat equity" issue is clearly defined by the IRS. I would not mess with it. There is no grey area there. However once you understand what the rules are, you can structure your investments around them so they are compliant.

Both Will Barnard and Jon Holdman mentioned one possible way to tackle the issue.

While there might be some creative ways to accomplish what you are trying to do, I cannot give individual advice beyond this on a forum post due to my firms compliance rules.

Kirk Chisholm

Post: New Member, Wealth Manager from Lexington, MA

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

Justin Silverio , my firm is is an RIA (Registered Investment Advisor). We are not affiliated with a broker so we do not sell product. We are a fee-only advisor. Meaning we only get paid from our clients. This allows us to be 100% biased to our clients.

One of our services is portfolio management of client assets. When it comes to due diligence on any investment we do that internally. We are fiduciaries for our clients so there is a high bar of what is acceptable due to the standard.

We do not do the valuations. That is a specialized skill set we prefer to outsource. Valuations for real estate, private mortgages and horses have different standards as you might imagine.

Just to be clear, we are not specifically a private equity firm, but we do look at private equity type deals for clients who have an interest.

I would be interested in connecting. send me a connect.

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

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

as a follow up from the posts of Jon Holdman & Will Barnard both who provided some great information. Michael, I also was not clear what you were trying to do. It is difficult to make any suggestions without the clarity in the question.

A few points I think are worth clarifying whether they are relevant to you question or not:

- Working with your brother does not create a prohibited transaction for the fact that he is your brother. However it may due to the way the investment is structured. It is difficult to know from the info provided.

- Many traditional custodians such as Fidelity may tell you they will work with alternative assets, but I prefer to use a custodian who specializes in the area. I don't know about Fidelity specifically, but many traditional custodians have recently set up sub-custody agreements with non-traditional custodians who do specialize in this area. For instance, Charles Schwab turned away this type of investment a few years ago, then decided to allow it. They decided to allow it because they sub-custody it with a non-traditional custodian. This allows them to keep the relationship and not have to manage the administration of the account.

- As a follow up to Jon's comment, someone who owns real estate in their IRA cannot provide "sweat equity" to the asset. One example of this would be fixing the roof of a property held inside that person's IRA. What is allowed is providing "settlor" functions to the investment. I would suggest doing a search for this term. I tried to add a link to the post, but either I'm not allowed, or cannot figure it out... probably that later.

- I would note that investing in real estate inside your IRA can add a number of complications, many of which are noted in related post threads. However whether it makes sense from a numbers perspective really would take you sitting down with a pencil and paper and figuring out the numbers (including any taxes if levered) there is no easy yes or no answer. it depends on the investment. Before you decide to take an early distribution, run the numbers. Also consider that there are a number of creative ways to invest your retirement funds while still accomplishing the same goal of acquiring the property.

- Lastly, nothing is free. all custodians who work with these types of transactions charge something. If they say they don't charge for this service, then that person probably doesn't understand what you are trying to accomplish. The process is a manual one for them so they have to charge fees for their time and effort.

Post: New Member from New Jersey

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

welcome to BP Oscar

Post: I'm Here to Party.....

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

welcome tucker. glad to have you aboard

Post: Hello from Tom, a new member in Westford, Mass.

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

welcome to BP Thomas.

Glad to have some Mass people on the site.

Post: New Member from Suffolk County in Long Island, NY

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

welcome to BP Jose.

Post: New Member, Wealth Manager from Lexington, MA

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

Hi all,
I'm new to this forum. I wanted to introduce myself.
My goal is to help people in the forum and meet some interesting people along the way.

As an intro, I am a wealth manager located in Lexington MA. Our firm's specialty is with alternative investments, such as real estate, tax liens, private mortgages, or private lending, franchises, horses, etc, inside retirement accounts. We also conduct due diligence on assets such as real estate. Hopefully I can add some value to this forum.

Kirk Chisholm

Post: Self Directed IRA Custodian Recommendation

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

Larry

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. Although I would not suggest putting the amount in this post, the number "it will be small" is too ambiguous to make a suggestion here.

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

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. If you have a smaller amount of assets as you suggest, then it may be even more important to analyze each custodian. It may not make sense to use your retirement account if the fees are too high as a percentage of your account assets. 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.

One final note: 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.

Kirk Chisholm

Post: Ok, You've Signed Up for BiggerPockets.com . . . Now What?

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

thanks for the post