| Jun. 16 2007 at 5:06 PM |
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patentandtrademark wrote: i'm still not sure why the lower capital gains treatment of stocks or mutual funds does not trump everything [including tax deferred] for long term money.
It may in certain situations, but you'd have to do the math to know for sure and it's not a simple calculation. In order to determine if you are correct you would have to know the answers to the following: 1. Initial amount invested 2. All fees associated with initial investment, subsequent sale and continuous reinvestments and sales 3. All tax rates (capital gains rates are based on your taxable income and please don't forget that capital gains often times put you into an AMT situation, so that must be included in the calculation 4. Amount that you expect (or actual do) earn on the initial investment and reinvestments 5. The tax rates when you are ready to take your distributions
I probably am missing some other variable that would need to be considered, but off hand, that's a good starting point. Gina L. Gwozdz, CPA
http://GLGcpa.com
http://TaxTreasures.com
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| Jun. 16 2007 at 5:17 PM |
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Response to Gina, yes I totally agree. That was my point in my 1st post. People are sometimes so busy trying to save a couple bucks that they may not even know they are doing the wrong thing. Only experience and a lot of research or the guidance of a good advisor can tell.
I mean this whole community is made up of small business owners, and it seems logical that other small business owners should serve them (if it makes sense of course). Otherwise, we would all still be at the corporate office doing we did before-not able to be creative, and serve clients as they should be.
For James Lindon-There are definitely some benefits and drawbacks to either owning taxable or retirement plan investments. I put a brief hypothetical example below of what someone with similar reservations may be comfortable with, but there are those who are diametrically opposed to certain things and if it makes sense then do it, only in the end will a person know what the correct action should have been.
Ok, hypothetically lets say a small business owner that does not need a write-off and does not want to take money later that is taxed at the ordinary income rate (retirement income rate is typically a lower rate than your current rate). With type of profile, I would say that if the owner had access to a 401k plan (some allow brokerage options to purchase investments other than mutual funds) then use a Roth 401k contribution (not all plans have this). The money you place in the plan is after-tax, the money will compound without any additional tax, and the money can be taken at retirement tax-free…to name a few highlights. ---
Also, taxable stocks traded less than a year are subject to normal capital gains tax (ordinary income), and taxable mutual funds will give you both types whether you buy and sell or not because short/long term/income tax are embedded in the funds from prior/current owners (people who know this are those that have purchase a fund outside a retirement plan and still received a 1099 at year-end even though they did not transact in the fund).
Again this is not advice-advice is given on a one-on-one basis only, but the question is general enough to warrant a general answer and a hypothetical example. Please verify this information independently to make your own determination.
Aaron Smith
aaron@smithadvisor.com
Please ask retirement plan questions (how can I? How Much can I put away? Which plan is best for me?) and how to buy tax deductible life insurance in the plan!
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| Jun. 16 2007 at 6:04 PM |
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thanksJames Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com/
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| Jun. 19 2007 at 4:14 PM |
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John, thanks for your comments. I do not deal with investments in real estate for retirement funds in the book. 401k funds are not set up for direct investment in real estate usually you have to roll it over to a self directed IRA to be able to make real estate investments. Also you lose the tax benefits of the 401k in a real estate transaction, the gain becomes long term gain and incurs taxes as such. (UBTI)? Gina, help me out here...
Also illiquidity in the asset makes you unable to avoid a downturn in the real estate markets and if it comes at the wrong time, ie. when you HAVE to access your cash for retirement it could be a disaster, so I have not favored real estate as a retirement investment unless it was your primary residence or a vacation home, owned in your personal name.
I had a client one time who took everything he had (no 401K) and sank it into 1st and 2nd mortgages. Last I heard he was still laughing all the way to the bank, earning a superior return secured by the real estate. He worked with the people the mortgage cos didn't want.
I have always favored balance in all things. If your 401 K has a REIT option it might make some sense. Depends on the balance of your other assets. As always if you have a trusted professional, they are best qualified to give advice on your personal situation. Dale
www.ourbestidea.com
www.maskerinsurance.com
www.maskercreations.net
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| Jun. 20 2007 at 9:42 AM |
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I do not usually recommend that people hold real estate and/or real estate related investments (mortgages, notes and tax liens) in retirement accounts because I have found it is extremely hard to find trustees that are either willing to do all the work involved and/or want to do all the work involved.
You need to find a trustee who offers true self-directed accounts and insure that transactions flow properly through that trustee. The trustee has to take title to the property, furnish all funds from earnest money through closing costs directly from the account, collect rental income, and disburse all expenses. You can't pay the expenses and then get reimbursement from your retirement account - it's not allowed.
You can finance property inside your account, but you can’t personally guarantee the note. If you finance property, any net income or gain above $1,000 (after deducting regular expenses, including depreciation) attributable to the debt-financed portion is taxed as unrelated business taxable income (“UBTI”). As a simplistic example, if your IRA borrows $80,000 to buy a $100,000 property then 80% of the income above $1,000 will be taxed at ordinary rates. If you sell the property, 80% of the gain is taxed at capital gain rates.
In addition to UBTI, there are very specific "prrohibited transactions" that you need to make sure you avoid; otherwise it is considered "self-dealing". Again, in a simplistic sense this means you can't have any transactions with a "disqualified person". Disqualified people include you and your spouse; your ancestors, descendants, and their spouses; and corporations, partnerships, trusts, and estates of which you own 50% or more. An example is that you cannot hire any of these people to make repairs or do other maintenance for your property.
Real estate in retirement accounts can quickly become a complex and burdensome investment. It may also prove to be profitable, for the right person; thus, it shouldn't be ruled out, but you need to have excellent advisers in place before you consider such a transaction.
Gina L. Gwozdz, CPA
http://GLGcpa.com
http://TaxTreasures.com
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