Even with risks, more investors are giving self-directed IRAs a closer look (2024)

Jill Chodorov, an associate broker with Long & Foster, writes an occasional column about local market trends and housing issues.

The nauseating drop in the value of my retirement accounts in the last month got me thinking. Why can’t I invest my retirement funds in what I know and understand?

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I know real estate. I have been investing in real estate and servicing clients as a licensed real estate agent for two decades.

I don’t know the stock market.

Every year at tax time, I dutifully deposit the allowable contribution into my Individual Retirement Account (IRA) to lower my income tax liability. And every year I repeat the annual glassy-eyed review of the cryptic stats and financials of the funds in which I invest.

So I launched a quest to devise a new investing strategy for myself, and I learned that there is a little-known investment vehicle that would allow me to invest my retirement funds in what I know best —it is called a self-directed IRA (SDIRA).

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A SDIRA allows alternative investments using your retirement savings. Real estate is an example of an alternative investment.

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Just as Fidelity or TIAA-CREF are custodians of IRAs for investing in traditional products, such as funds, stock and bonds, there are a handful of custodians of SDIRAs.

“This is not a get-rich-quick scheme,” said John Paul Ruiz, director of professional development of the Entrust Group. “It is a legal alternative for investing your retirement funds.”

The Entrust Group is a custodian of SDIRAs.

“Self-directed IRAs are not for everyone,” Ruiz said. “It is best for those who know real estate or have a real estate expert to guide them.”

I pass that test. I live, eat and breathe real estate everyday.

According to Ruiz, you also need an attorney, CPA or financial planner who is fully educated and experienced in the IRS rules for SDIRAs, including record keeping, qualified transactions and distributions —to name a few.

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“I would not have a practice if people didn’t mess this up,” said Thomas Kolb, an employee benefits attorney in Washington.

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“People want to invest in all sorts of things but they can’t get their hands on money to do the deal,” Kolb said. “Using retirement funds is perfectly legal, if done the right way.”

Kolb said the biggest takeaway he can offer is “handle with care.”

SDIRAs come with many rules. It must be held at a custodian. The legal title of the real estate must be in the name of the SDIRA. All expenses on the property need to be paid from the SDIRA, and all income from rent or sale of the property must stay in the SDIRA.

In addition, there are many prohibited transactions. For example, the property cannot be for your own use or that of a family member. And you can’t buy the property from yourself with your SDIRA.

There are other drawbacks to SDIRAs.

The North American Securities Administrators Association (NASAA) released an “informed investor advisory” about the risks and rewards of SDIRAs on its website.

“Occasionally, an investor is approached by a promoter offering an investment opportunity,” the advisory says. “Fraud promoters can deceive investors into believing that their investments are legitimate. “

A third-party custodian does not research or perform due diligence reviews for clients, the advisory warns.

“It’s my impression that the IRS has very few agents that focus on IRA enforcement,” said Kolb.

On the upside, NASAA notes that “a self-directed IRA means you, the customer, have complete decision-making power on your investments. Unlike a stock, bond or mutual fund, where others either manage or control the investment, you are in total control of calling the shots.”

That is a compelling reason to use SDIRAs, in my opinion. If you have seen the movie “The Big Short,” you may have realized how little any of us know about the Wall Street game, except for Wall Street.

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“The ideal investor is someone that has knowledge in a certain area and can utilize that knowledge to grow their IRA account,” said Mick Hersh, COO of STC, Inc. in Hagerstown, Md., an administrator of SDIRAs.

“You can invest in what you know and still get the tax advantages of a traditional IRA,” Hersh said.

All SDIRA custodians charge fees, just like the custodians of traditional IRAs.“Some custodians charge by transaction, and some charge an annual fee based upon the value of assets in the SDIRA,” Hersh said.

If the property is rented, a transaction would include each time you deposit rent or pay an expense on the property.

“In this case, it may be best to pay an annual fee,” Hersh said.

Do many people know about SDIRAs? Or am I stepping out on the cutting edge?

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“Very few people know this is an option,” said Peggy Cramer, vice president of communications for Pensco Trust Company, another custodian of SDIRAs. “Only 2 percent of the $7.3 trillion invested in IRAs are in SDIRAs.”

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SDIRAs are becoming more popular, however.

“Self-directed IRAs are growing by 21 percent year-over-year and investing in real estate is most common,” Cramer said.

Some other allowable investments in a SDIRA include mortgage notes, tax liens, precious metals and private placement loans.

“I saw an article about it 10 years ago in Realtor Magazine,” said Vincent Hurteau, principal broker of Continental Properties in Washington, when asked how he first learned about SDIRAs. “Enron was infamous at the time.”

Hurteau was concerned about his retirement funds, so he rolled over most of his traditional IRA funds into a SDIRA with which he has purchased real estate.

“A lot of people are scared about it,” Hurteau said about SDIRAs. “But I love it.”

Here are some websites to learn more about SDIRAs:

Jill Chodorov can be reached at jill.chodorov@longandfoster.com.

Even with risks, more investors are giving self-directed IRAs a closer look (2024)

FAQs

Are self-directed IRAs a good idea? ›

Self-directed IRAs offer more variety in investment options while still providing the tax benefits of an IRA. However, because account holders select and manage investments on their own, SDIRAs are ideal for experienced investors who have the financial experience and knowledge necessary to take on the risk.

What are the limitations of a self-directed IRA? ›

The eligibility requirements for contributing to a self-directed IRA are the same as they are with other types of IRAs. The 2023 IRA annual contribution limit is $6,500 for individuals under 50 and $7,500 for those over 50 years old. These limits don't apply to rollover contributions.

What percent of IRAs are self-directed? ›

First, only 3-5 percent of retirement accounts are self-directed. Self-direction is a little-known, but growing strategy among savvy investors.

What risks do securities regulators warn of related to self-directed IRAs? ›

Risks of Self-Directed IRAs

These risks include a lack of legal and regulatory protection and a heightened risk of fraud, particularly when investing in alternative assets. Risk #1: No Review – With a self-directed IRA you have sole responsibility for evaluating and understanding the investments in the account.

Do you pay capital gains on self-directed IRA? ›

Like ordinary IRAs, assets grow tax-free inside a self-directed account, giving a real estate investor, for example, a way to rent properties or buy and sell them using IRA savings while postponing the taxes on any income or capital gains.

Do self directed IRAs get audited? ›

If these legal structures are not set up correctly or do not comply with state and federal laws, distributions from your self-directed IRA may be audited by the IRS for understatements of income tax and, alternatively, negligence or disregard of rules or regulations, which may result in penalties and other potential ...

What are the exclusions for Self-Directed IRAs? ›

Prohibited Investment Types

Self-directed IRAs can't invest in: Collectibles - like art, antiques, gems, coins, alcoholic beverages, and certain precious metals (See IRC Section 590) S-Corporations – defines allowable shareholders in Subchapter S corporations, which does not include IRAs (see 26 USC 1361)

Can I live in a property owned by my self-directed IRA? ›

Any property you purchase with your Self-Directed IRA must be for investment purposes only. You cannot live in or use the home for your personal benefit. Neither can certain family members. Additionally, you cannot sell the home to those family members.

What happens to self-directed IRA upon death? ›

The beneficiary may choose to keep the assets in the account for five years. On the fifth anniversary of the Self-Directed IRA account holder's death, the recipient must take the entire account as a taxable distribution. If any funds remain in the inherited account, they will incur a 50% “excess accumulation” penalty.

Who owns property in Self-Directed IRA? ›

Your IRA owns the property—you don't. Therefore, the title to the property will read “XYZ Trust Company Custodian [for benefit of] (FBO) [Your Name] IRA.”

How much can you put in a Self-Directed IRA per year? ›

The most important details of a self-directed Roth IRA include: An annual contribution limit of $7,000 for 2024 ($8,000 if you're 50 or older) and $6,500 for 2023 ($7,500 if you're 50 or older). Contributions that are not tax-deductible. Qualified withdrawals that are 100% tax-free.

What transactions are prohibited in a Self-Directed IRA? ›

Prohibited transactions in an IRA
  • Borrowing money from it.
  • Selling property to it.
  • Using it as security for a loan.
  • Buying property for personal use (present or future) with IRA funds.
Jul 24, 2023

Can a self-directed IRA be sued? ›

If you set up an IRA account, you dip it down into investing in short-term rentals or other types of rental real estate, and then you get sued, not only can they sue into the IRA, but if there's more damages than what your retirement account has, they can actually now sue into your individual assets and your bank ...

Who handles self-directed IRAs? ›

A custodian must hold the assets in an IRA, whether it's a traditional IRA, Roth IRA or self-directed IRA. That's partly so the IRS can ensure that owners are following contribution limits, age requirements and other IRA rules. For example, the custodian must report early withdrawals to the IRS.

Is IRA high risk or low risk? ›

Low-risk investments commonly found in IRAs include CDs, Treasury bills, U.S. savings bonds, and money market funds. Higher-risk investments include mutual funds, exchange-traded funds (ETFs), stocks, and bonds. Mutual funds, in particular, are a popular choice for IRAs because of the diversification they offer.

What is better a Self-Directed IRA or Roth IRA? ›

Compared to a self-directed traditional IRA, a Roth IRA could be advantageous for someone who expects to be in a higher tax bracket at retirement. You'll pay no tax on withdrawals beginning at age 59 1/2 or older and there's no cutoff at which you have to begin taking money from your account.

Is self-directed investing worth it? ›

Some of the advantages of self-directed investing include: Total control over how and when your money gets invested. Access to a wider range of investments, such as derivatives, futures, crypto, and more. Lower costs because you don't have to pay management or advisory fees.

Is a Self-Directed IRA better than a 401k? ›

The major difference between a Solo 401k and Self-Directed IRA is the ability to borrow from your solo 401k for your business, whereas this isn't possible with a self-directed ira. Both have pros and cons, so choosing the one for yourself is all about what benefits your current and future needs.

How much does it cost to set up a Self-Directed IRA? ›

Set Up Fee

This fee can range from $50 to $300 depending on the custodian or provider. It can also vary depending on your investment types. Providers that create IRA LLCs for checkbook control are usually higher in cost.

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