Book Announcement: UNLIMITED INVESTING March 31, 2009
Posted by Jeff Nabers in : Money, Precious Metals, Self Directed IRA Solo 401k, Uncategorized, real estate , add a comment
In case you haven’t heard through the grapevine, my new book, UNLIMITED INVESTING With a Self-Directed IRA LLC or Solo 401(k): Break Free From Wall Street To Build Real Wealth With Alternative Investments, will be available soon.
I’ve joined (more…)
Warning: Don't let administrators act as custodian – Part 3 January 15, 2009
Posted by Jeff Nabers in : Self Directed IRA Solo 401k , add a comment
*** This is Part 3 of a series about the dangers of letting an administrator act as custodian. Make sure you read Part 1 and Part 2 first to make sense of this post. ***
The illegitimate custodian test
Ask “Who should the check be payable to for the rollover contribution or transfer?”
Ask “If my IRA buys real estate and rents it out, to whom should the tenant make the rent checks payable?”
Ask “If my IRA owns real estate that needs repairs, who issues and signs the check to the repairmen?”
These questions will tell you who is actually serving as custodian. For instance, if you live in TX and unregulated company Dotrust is marketing its self-directed IRA services to you, the answer to one or more of the questions above will probably be something like Dotrust of Texas, Inc. If this is the case, ask to see its bank or trust charter – if it is an illegitimate custodian it won’t have one, and it will insist that another bank is technically the custodian. It not only matters who’s the custodian on the paperwork is; but it also matters who is acting as custodian as uncovered by the answers to the 3 questions above.
Why would somebody operate an illegitimate custodian company?
First of all, if it’s a franchise operation, the franchisee might not even know that he or she is part of an illegitimate IRA custodian scheme. Secondly, there can be a lot of profit to be made in an illegitimate IRA custodian scheme. The company can earn interest off of your IRA funds, and it may pass only some (or even none) of that interest earned on to you. It may also be able to earn higher interest rates when it collectively has custody of hundreds of millions of dollars in funds.
Surprised?
You may be thinking “This sounds like a company I’ve run into. But it promotes and and advertises and has been in the business for decades… it can’t be illegitimate, can it????”
Many high-profile schemes have been shut down. The private annuity trust scheme was promoted for over a decade before the IRS shut it down. Additionally, being in business for decades doesn’t guarantee that business is legitimate. Look at Bernie Madoff.
Madoff may be a harsh comparison. Those involved in an illegitimate IRA custodian scheme may not be knowingly harming anyone. They may even be attorneys or CPAs. They may believe they’ve merely created a loophole for themselves with the “stepped transaction” arrangement. They may be good people. But the bottom line is that there are significant risks you take in using their services, and you will pay the consequences if uncovered by the authorities. In my opinion, it never makes sense to use an illegitimate custodian because there are dozens of regulated/legitimate self-directed IRA custodians out there. There should be a balance between risk and reward. There is significant risk of using an unregulated/illegitimate custodian, and it offers no unique reward that isn’t offered by other self-directed IRA custodians.
Confused? If you have a self-directed IRA or are thinking of opening one at a custodian company, perform the illegitimate custodian test as described above.
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Warning: Don't let administrators act as custodian – Part 2 January 13, 2009
Posted by Jeff Nabers in : Self Directed IRA Solo 401k , add a comment
*** This is Part 2 of a series about the dangers of letting an administrator act as custodian. Make sure you read Part 1 first to make sense of this post. ***
Signs that your custodian may not really be a custodian
- They sometimes call themselves an administrator. “Administrator” is an accurate label for any company who provides record keeping services. Being an “administrator” doesn’t require any regulation. These types of companies may expand their services to include asset custody without actually registering as a bank or trust company.
- Their name contains the word “trust” attached to other letters or words. A legitimate custodian usually has the word “bank” or “trust” as a separate word included in its name. In most states, the word “trust” is a restricted word for naming companies – just like the word “bank”. This means that you can’t start a company called “ABC Bank” unless it’s registered as a bank. You also can’t start a company called “XYZ Trust Company” without being a registered trust company. An illegitimate custodian might get around this by calling themselves Trustus rather than Trust Us, Dotrust rather than Do Trust, or Safetrust rather than Safe Trust. You see, if trust is attached to another word instead of used as a separate word, then it sneakily gets around the naming restrictions.
- They have dozens of offices all around the country. Expanding to dozens of cities across the country can (more…)
Warning: Don't let administrators act as custodian January 7, 2009
Posted by Jeff Nabers in : Self Directed IRA Solo 401k , add a comment
To have a self-directed IRA, unlike a Solo 401k, you must have a self-directed IRA custodian… and you should stay away from unregulated companies masquerading as a custodian. A self-directed IRA custodian is one that will have less investment restrictions than the more common tradition stocks/bonds/funds brokerage-type custodian, and they usually allow investment into real estate, private companies, and other alternative assets.
An IRA is technically a trust, and a custodian is basically a trustee who performs fewer duties than a trustee usually would. As the name suggests, the sole duty is custody-holding assets and/or property on behalf of the trust.
The Internal Revenue Code says that the IRA custodian role can only be served by:
- A bank
- A trust company (this is the most common type of company to serve as self directed IRA custodian)
- A company specially & specifically approved by the IRS (this is very rare)
So, essentially, in the self directed IRA market, most custodians are chartered as (more…)
Arkansas Couple Realizes the Benefit of Managing their Own Retirement Accounts November 26, 2008
Posted by connieoutreach in : Self Directed IRA Solo 401k, real estate , add a comment
The stock market implosion of 2008 has millions of Americans feeling financially helpless. Yet individuals who are investing their 401k & IRA money in ventures outside the stock market are singing a different tune. Janice and Jack Stoddard, real estate professionals in Arkansas, heard about self directed investing from a seminar that taught how to invest IRA money into real estate.
Energized by the idea, the Stoddards established two IRAs, rolling over money from their traditional IRAs to fund them. They used the IRAs to make small real estate transactions, purchasing and reselling property at a profit with all proceeds staying in the IRA.
In 2006, an opportunity to buy and then immediately re-sell 60 acres of undeveloped land at a profit came up. Concerns over structuring the deal and keeping everything above board led the Stoddards to consult with us at Nabers Group.
“Jeff helped us establish a Solo 401k that could be used to handle the 60 acre transaction. The Solo 401k was a key component to our funding because we were able to contribute 10 times more to it than we could to an IRA. Meanwhile, our son, who works in oil and gas, alerted us to keeping our eyes open for property with mineral rights for future transactions,” Janice says.
With the proceeds from the 60 acre sale, the Stoddards began (more…)
Prohibited Transactions Guide Book – 50 Free Copies September 22, 2008
Posted by Jeff Nabers in : Self Directed IRA Solo 401k , add a comment
I’ve written a comprehensive guide book on prohibited transactions. These will be available for sale soon for $39 + $5 shipping. I’m making 50 copies available completely free of charge on a first come first serve basis.
If you’d like one of these 50 free copies, please email your name & shipping address to:
specialoffer3 [at symbol] nabersgroup [dotcom]
This blog has been viewed over 20,000 times since April, so act fast 
### Update – October 3, 2008
We have (more…)
