News

Creating Wealth USA Clients Raise Funds to Deliver 200 Wheelchairs to Families in Need Across the Globe

December 18, 2017

Funds were raised in a one weekend workshop to be delivered to the Wheelchair Foundation on behalf of Central Florida’s Chair The Love Foundation.

 

LONGWOOD, FL, December 13  At a recent Real Estate Investment Workshop in Orlando, hosted by Creating Wealth USA, attended by a national audience, participants generously provided over $30,000 to purchase 200 wheelchairs for the Chair The Love Foundation, which benefits the larger national organization, The Wheelchair Foundation.   Unlike most symposiums of their type, a significant focus was placed on the power of charity, and how that should be an important part of their business and personal development.

chair the love Continue reading…

Planning 4 Prosperity Alternative Investment Symposium Brings Experts Together to Offer Retirement Investment Education in Orlando on Friday, September 8

August 29, 2017

NuView Trust Company sponsors fifth annual symposium featuring high-profile speakers and panelists to educate retirement investors about real estate, mortgages, tax liens and other alternative retirement investment strategies available via self-directed IRA accounts; event proceeds benefit ‘Chair The Love’ Foundation. Continue reading…

NuView Trust Company is Here and It’s All about Independence

July 19, 2017

Trust has always been part of our DNA, now it’s part of our name!

NuView is excited to announce the launch of NuView Trust Company, Inc.

NuView Trust Company Logo

NuView’s nearly 15 years of administering self-directed retirement accounts was facilitated through a partnership with a third party custodial company. Effective July 1, 2017, NuView Trust Company officially started providing full custodial services for all of our clients’ accounts. NuView Trust Company will be under the same ownership structure as NuView IRA, and will allow us to roll out additional services that will benefit our expanding client base. There are no changes to our fee schedules or obligations under NuView Trust. Continue reading…

NuView IRA’s IT Department News for Current Clients

May 31, 2017

Welcome to NuView IRA’s IT Corner!

We, here at NuView, are committed to providing the best customer experience possible for our clients. This includes making sure we utilize new and expanding technologies to better your experience. This month brings some upgrades to your client portal. Upon logging into your client portal, you will find the following enhancements: Continue reading…

NuView’s CEO, Glen Mather, Wins the 2017 CEO Nexus Cup

March 8, 2017

Congratulations to our very own President & CEO of NuVuiew IRA, Glen Mather, for receiving the CEO Nexus Cup on March 7th, 2017 at the CEO Forum in Central Florida! The CEO Nexus Cup is a traveling trophy and member-recognition award, lauding those companies that have achieved sustained growth and significant entrepreneurial success, in part due to their collaboration with GrowFL and CEO Nexus along with Rollins Center for Advanced Entrepreneurship. Continue reading…

Company News: Important Upgrades

February 2, 2017

Effective February 1st, 2017 our email platforms were upgraded to better serve you with more dynamic and personalized content.

Continue reading…

Why Are Self-Directed IRAs Becoming So Popular?

April 6, 2016

When NuView started 14 years ago, most IRA account owners were completely unaware that they could use their accounts to purchase assets outside the traditional stock market.  It was an industry served by administrators with a few thousand accounts, mostly used to purchase real estate. Continue reading…

Obama Backs Stricter Advisor Rules

March 3, 2015

Article by NuView president Glen Mather, in response to this Wall Street Journal article:

With a considerable push from the current administration, the Department of Labor (who has oversight over IRAs and 401(k) rules) is creating new rules for financial advisors that provide services for retirement plans and participants. As a separate initiative, the SEC is devising new fiduciary standards, which has introduced a great deal of uncertainty in the world of financial advisors.

The agencies seemed to have a particular concern about advisors who recommend rolling their client’s funds from a 401(k) plan to an IRA to make particular investments. Should these advisors be held to the higher standard of “fiduciary,” which under the current definition would mean getting to know the client and their personal financial situations at a far deeper level, as their recommendations must be in the best interest of the client?

Most legislative and administrative changes, drafted with the best possible intentions, lead to unintentional consequences. In this case, since most advisors who spend a significant amount of time with their clients charge a fee for their services, most would elect not to serve the client with smaller account balances, as they would either be unprofitable to the advisor, or expensive to the retirement account holder.

Perhaps a further result of tightening the advisor rules will be that the employee leaving their 401(k) plan will be forced to make decisions on their own – or in other words, self-direct their decisions.

In either case, making an informed decision is a key component.  What is a bit tragic is that there are so many 401(k) and IRA holders who simply choose not to inform themselves about choices they have. There will be no one, including your financial advisor, who has a greater stake in your retirement plan. With a self-directed IRA, you serve as your own fiduciary – and thus you never have to worry about not knowing your own financial situation. You educate yourself about the choices and make the best decision on your investments, and your IRA administrator will move the funds as directed.

For the 75 million IRA and 401k plan participants, perhaps these new initiatives will be positive ones. The fact is, the self-directed IRA holders have figured this out for themselves long ago.

Year-End Tax Planning & Retirement Accounts

December 4, 2014

Guest article by James K. Duerr:

So you thought you could defer taxes on your IRA forever?    

Sorry, the IRS will not wait forever. Although pretax money going into a Traditional IRA is tax deferred, there is a requirement at age 70 ½, to take RMD’s (required minimum distributions). The minimum distribution is based on tables of life expectancy and the balance in your account. There are worksheets on the IRS website, and many brokerage companies have calculators available to find out your RMD’s. If you do not take the RMD distributions, you may be subject to penalty. Per the IRS, “You cannot keep retirement funds in your account indefinitely”. The penalty could be up to a 50% excise tax on the amount not distributed as required.

 Roth IRAs & Roth Conversions

Roth IRA’s, do not require minimum distributions until after the death of the owner. Be careful with Roth 401K’s, as those plans do require RMD’s. That being said, it may be wise to roll the Roth 401K into a Roth IRA, if possible.Many clients consider converting Traditional IRA’s into Roth IRA’s. The amount converted is subject to tax, but is not subject to penalty. If you are in a low income year, you can have your CPA project the tax that you would owe on conversion.  You do not have to convert all of the funds at once. In fact, you can minimize the tax implications by converting the funds a little at a time.

Solo (or Individual) 401K Plans

For people who are in their own business, and do not have outside employees, the individual 401K plan can offer you flexibility and the opportunity to make large pension contributions to the plan.  If made pre-tax, the contributions may lower your tax liability. For example, if you took a $50,000 payroll, you have the ability for your company to contribute up to $12,500 to your pension plan, and you could, if under age 50, contribute another $17,500, for a total of $30,000 being contributed to the plan, and becoming a tax deduction. Assuming a conservative tax rate of 20%, you would save $6,000 in taxes. The plan has (2) components, an employer portion (up to 25% of earned income) and an employee deferral portion (up to $17,500, or if  age 50 and over, $23,000 with a catch up provision). The employee piece can be either pre-tax, or  Roth, if the plan allows.  Be sure that the original paperwork is completed correctly, and these plans can also allow borrowing rights. Most retirement plans are available as self-directed plans. These self directed plans allow you to have more control over your investments, by purchasing real estate or other assets, such as gold, notes, joint ventures, tax liens, etc.

Maximizing Profits and Minimizing Taxes

Whether you are in your own business, or not, it is smart tax planning to have a professional review your taxes, prior to year end. By doing this, you may be able to make some decisions that could significantly lower your taxes, and provide for your future financial freedom. As I always advise my clients, “It’s not what you make, it’s what your keep.”


 

James K. Duerr, CPA

CFRI Business Member

Small Business Resources USA, Inc.

New Case Answers Important Questions About IRA LLCs

February 13, 2014

Guest article by Mat Sorensen:

Can my IRA own substantially all of the ownership of an LLC? Can my IRA/LLC pay a salary to me for serving as the manager of the IRA/LLC? The U.S. Tax Court issued an opinion in the case of Ellis v. Commissioner, T.C. Memo 2013-245 and answered both of these questions.

In Ellis, the Tax Court resolved two questions posed by the IRS. First, did Mr. Ellis engage in a prohibited transaction when his IRA acquired 98% of the membership interest in CST, LLC? And second, did Mr. Ellis engage in a prohibited transaction when CST, LLC (owned 98% by his IRA) paid him compensation for serving as the manager?

As to the first question, the Tax Court held that Mr. Ellis’ IRA did NOT engage in a prohibited transaction when it acquired 98% of the ownership of a newly established LLC. The other 2% was owned by an unrelated person who was not part of the case and whose ownership did not have an impact on the decision. The IRS contended that a prohibited transaction occurred when the IRA bought ownership of CST, LLC. The Court disagreed, however, and held that the IRA’s purchase of the initial membership interest of the LLC was NOT a prohibited transaction. The Court stated that the IRA’s purchase of membership interest in a new LLC is analogous to prior holdings of the Court whereby the Court held that an IRA does not engage in a prohibited transaction when it acquires the initial shares of a new corporation. Similarly, the court held that a new LLC is not a disqualified person to an IRA under the prohibited transaction rules and as a result an IRA may invest and own the ownership of the LLC. IRC § 4975(e)(2)(G), Swanson V. Commissioner, 106 T.C. 76, 88 (1996). Consequently, the Court’s ruling means that it is NOT a prohibited transaction for an IRA to acquire substantially all or all of the ownership of a new LLC.

As to the second question, the Tax Court held that it was a prohibited transaction for the LLC owned substantially by Mr. Ellis’ IRA to pay compensation to Mr. Ellis personally. The court reasoned that, “In causing CST [the IRA/LLC] to pay him [IRA owner] compensation, Mr. Ellis engaged in the transfer of plan income or assets for his own benefit in violation of section 4975 (c)(1)(d).” This type of prohibited transaction is often times referred to as a self dealing prohibited transaction and occurs when the IRA owner personally benefits from his IRA’s investments. The Court looked to the operating agreement of the LLC which authorized payment to Mr. Ellis for serving as the general manager and also the actual records of the LLC which showed the payments to Mr. Ellis. When using an IRA/LLC, one of the many important clauses in the operating agreement is one which restricts compensation to the IRA owner or any other disqualified person (e.g. IRA owner’s spouse or kids). Also, the actual payment and transaction records of the IRA/LLC will be analyzed so it is important that both the LLC documents and the actual payment records do not allow for or result in payment from the IRA/LLC to disqualified person (e.g. IRA owner).

It is also important to note that the Tax Court rejected Mr. Ellis’ argument that the payments were exempt from the prohibited transaction rules under section 4975 (d)(10). Section (d)(10) provides an exemption to the prohibited transaction rules for payments from an IRA to a disqualified person [e.g. IRA owner] for services rendered to manage the IRA. The Tax Court rejected this argument stating that the payments from the IRA/LLC were not for management of the IRA but for management of the IRA/LLC and its business activities. In this case, the IRA owner was actively involved as the general manager of the IRA/LLC which LLC bought and sold cars. As a result, the Court held that the payments were not exempt and constituted a prohibited transaction.

I was happy to read this case and find the Court’s conclusions because it matches the same opinion and advice we have been giving clients regarding IRA/LLCs for nearly ten years: that a newly established LLC owned by an IRA does not constitute a prohibited transaction but the IRA/LLC cannot pay the IRA owner (or any other disqualified person) compensation for managing the IRA/LLC.

Mat Sorensen is a lawyer and the author of The Self Directed IRA Handbook: An Authoritative Guide for Self Directed IRA Investors and Their Advisors. He is a partner with KKOS Lawyers in its Phoenix office and assists clients nationwide on self directed IRA matters. He can be reached at mat@kkoslawyers.com or by phone at 602-761-9798. His website is www.sdirahandbook.com