Thomas H. Rowley, Ph.D., CPA
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1 Thomas H. Rowley, Ph.D., CPA Live and Invest Overseas Panama City, Rep of Panamá
2 Audience Survey Show of hands How many of you Have already invested in Panama or Costa Rica? Active Business? Retirement home? Already have established a Pvt Int Foundation or other vehicle in Panama to manage your investment(s)? How many of you Are happy with the ROI you/re earning on your investments? Have an IRA or 401(k)? over $100k avail? over $250k avail?. Aud feedback w/apx %
3 Thomas H. Rowley, Ph.D., CPA Live and Invest Overseas Overriding Philosophy: US Supreme Court decision in 1935 Panama City, Rep of Panamá
4 Thomas H. Rowley, Ph.D., CPA Live and Invest Overseas Panama City, Rep of Panamá The legal right of a taxpayer to decrease the amount of what otherwise would be his taxes, or altogether avoid them, by means which the law permits, cannot be doubted. Gregory v Helverin, 293 US 465 (1935)
5
6 Problem solving: What can you do?
7 What can you do? Problem solving: Status quo, i.e. Do nothing,
8 What can you do? Problem solving: Status quo, i.e. Do nothing, Hope for somebody else to do something
9 What can you do? Problem solving: Status quo, i.e. Do nothing, Hope for somebody else to do something Take Control!
10 What can you do? Problem solving: Status quo, i.e. Do nothing, Hope for somebody else to do something Take Control! Get some help
11 What can you do? Problem solving: Status quo, i.e. Do nothing, Hope for somebody else to do something Take Control! Get some help Understand your options Evaluate alternatives Select the best alternative Monitor outcomes and adjust
12 Controlling your retirement $s
13 Controlling your retirement $s What are your options?
14 Controlling your retirement $s What are your options? What are the rules?
15 Controlling your retirement $s What are your options? What are the rules? What are the compliance requirements?
16 Two Options Self directed IRAs Solo participant 401 (k)s
17 Checkbook IRA You manage your own IRA investments
18 Checkbook IRA You manage your own IRA investments You may choose any allowable asset including real estate
19 Checkbook IRA You manage your own IRA investments You may choose any allowable asset including real estate You write the checks and you have control
20 Checkbook IRA You manage your own IRA investments You may choose any allowable asset including real estate You write the checks and you have control Usually involves creating an LLC to manage the IRA. (LLC can be USA or offshore)
21 Benefits of Self-Direction Diversification choices include non traditional assets: Real Estate Mortgages and notes Private business investment
22 Benefits of Self-Direction Diversification choices include non traditional assets: Real Estate Mortgages and notes Private business investment This NOT a new feature.. It has been in the IRC since 70s But the promoters have usually been banks (CDs) or Brokerage Houses (stock portfolios)
23 Benefits Flexibility Choices of types and location of assets
24 Benefits Flexibility Choices of types and location of assets Leverage Increase buying power with debt
25 Benefits Flexibility Choices of types and location of assets Leverage Increase buying power with debt Diversity stocks, bonds Residential or commercial property commodities or FX (higher risk!)
26 Self-direction Rules You must have a custodian / trustee between you and the plan. That custodian must be an approved IRA custodian.
27 Self-direction Rules You must have a custodian / trustee between you and the plan. That custodian must be an approved IRA custodian You CANNOT borrow from the plan
28 Self-direction Rules You must have a custodian / trustee between you and the plan. That custodian must be an approved IRA custodian You CANNOT borrow from the plan You CANNOT pledge the IRA as collateral for any purpose
29 Self-direction Rules You must have a custodian / trustee between you and the plan. That custodian must be an approved IRA custodian You CANNOT borrow from the plan You CANNOT pledge the IRA as collateral for any purpose Any debt financing must be a NON Recourse loan
30 Prohibited Transactions
31 Prohibited Transactions Life insurance contracts
32 Prohibited Transactions Life insurance contracts Collectibles rugs, art, stamps, coins
33 Prohibited Transactions Life insurance contracts Collectibles rugs, art, stamps, coins Disqualifying events:
34 Prohibited Transactions Life insurance contracts Collectibles rugs, art, stamps, coins Disqualifying events: Lending to you or your immediate family
35 Prohibited Transactions Life insurance contracts Collectibles rugs, art, stamps, coins Disqualifying events: Lending to you or your immediate family Investing in a company you own more than 50%
36 Prohibited Transactions Life insurance contracts Collectibles rugs, art, stamps, coins Disqualifying events: Lending to you or your immediate family Investing in a company you own more than 50% Investing in a company you are an officer, director or highly compensated employee
37 Annual Administration
38 Annual Administration Annual valuation of assets of IRA at FMV Get an appraisal Stocks & bonds = year end mkt prices Real property FMV if sold (net of closing costs) if there are comparable sales available Or assessment of expected return on each asset in the IRA portfolio
39 Annual Administration Annual valuation of assets of IRA at FMV Annual report to IRS Books and records Quicken or similar property mgt software Form 5500 Relatively straight forward document submitted by the trustee or IRA administrator to IRS
40 Annual Administration Annual valuation of assets of IRA at FMV Annual report to IRS Books and records Form 5500 State filings for LLC Annual registration and fees vary by jusrisdiction
41 Leveraging thru Partnering 3 options for add l $s
42 Partnering 3 options IRA cash and personal cash
43 Partnering 3 options IRA cash and personal cash IRA $s with personal financing (equity line of credit, etc)
44 Partnering 3 options IRA cash and personal cash IRA $s with personal financing (equity line of credit, etc) IRA gets a non-recourse loan
45 Partnering 3 options for add,l $s IRA cash and personal cash Potential partners IRA $s with personal financing (equity line of credit, etc) IRA gets a non recourse loan
46 Partnering 3 options IRA cash and personal cash IRA $s with personal financing (equity line of credit, etc) Potential partners Self Spouse IRA gets a non recourse loan
47 Partnering 3 options IRA cash and personal cash IRA $s with personal financing (equity line of credit, etc) Potential partners Self Spouse Family members Friends & associates IRA gets a non recourse loan
48 Partnering 3 options IRA cash and personal cash IRA $s with personal financing (equity line of credit, etc) IRA gets a non recourse loan Potential partners Self Spouse Family members Friends & associates Other LLCs Other Individual s IRAs
49 Process Real Estate via LLC
50 Process Real Estate via LLC 1-LLC names a manager
51 Process 1-LLC names a manager 2-LLC buys real estate Real Estate via LLC
52 Process Real Estate via LLC 1-LLC names a manager 2-LLC buys real estate 3-LLC mgr manages RE, collects rents and pays expenses; or sells investment
53 Process Real Estate via LLC 1-LLC names a manager 2-LLC buys real estate 3-LLC mgr manages RE, collects rents and pays expenses; or sells investment 4-LLC distributes cash to member (IRA)
54 Process Real Estate via LLC 1-LLC names a manager 2-LLC buys real estate 3-LLC mgr manages RE, collects rents and pays expenses; or sells investment 4-LLC distributes cash to member (IRA) 5- RE PROFIT$ accumulate for beneficiary TAX FREE* *debt financed portion is taxable
55 So now what? How do you control your retirement $s What are your options? Take action Develop a plan Evaluate alternatives Self directed IRA or Solo 401(k) Select the best alternative for YOU Choose an investment Monitor and adjust
56 So now what? How do you control your retirement $s What are your options Develop a plan Take action Evaluate alternatives Self directed IRA or Solo 401(k) Select the best alternative for YOU Choose an investment Monitor and adjust What are the rules? Govt pubs 560 & 590
57 So now what? How do you control your retirement $s What are your options Develop a plan Take action Evaluate alternatives Self directed IRA or Solo 401(k) Select the best alternative for YOU Monitor and adjust What are the rules? Govt pubs 560 & 590 Compliance Can be complex Get qualified, experienced help CPAs who work with offshore business and individuals Fiduciary service companies that serve offshore business needs Disclose and comply with ever-changing IRS rules Form 5500 et al & instructions
58 Sources of help in forming Self-directed IRAs & 401(k)s IRAs and related LLCs Myrealestateira.com Dan Cordoba, Texas What range of costs? $2,250 and up Morning Star Holdings Ltd. Charleston, Nevis, West Indies Admin off in NYC Personal tax advisor $650 and up for LLC Packages, negotiate vs hourly rates $5K WILL USUALLY GET IT DONE
59 Tom Rowley Thanks for your attention Hope this has been helpful Good investing! Enjoy your stay in Panamá Some parting thoughts from a talented songwriter
60 My father always said that there's no free ride You've got to make a sacrifice So many prophets on the Lord's side Even your soul has got a price But talk is cheap It takes money to buy your freedom And the tax man's knockin' on your door.. Chorus: Spend it while you can Money's contraband You can't take it with you when you go Spend it while you can Before it's taken from your hand There's no free ride in this carnival world There's no free ride in this carnival world Carnival World by Jimmy Buffet, Roger Guth, Jay Oliver, 1989
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