Real Estate IRA Funds Accounting

Real Estate IRA Accounting

Self-directed retirement accounts that hold real estate are commonly called real estate IRAs. The administration and functionality of real estate IRAs are the same as any other self-directed account. Account owners identify real estate-related investments they wish to acquire based on things they know and understand while retaining absolute control over their own funds and acquisitions. However, it is important to understand how to manage the flow of income and expenses when it comes to real estate IRA funds.

How to Pay Bills and Receive Income for Real Estate IRAs

When you hold real estate in an IRA, there are common sources of income and expenses that occur. Some examples include rental income from tenants or having to pay for maintenance on the property. Before we discuss income and expenses, we will discuss prohibited transactions and parties to be aware of.

Rules and Regulations

Let’s get all of the rules out of the way. Even though real estate IRAs give account holders freedom and control when investing, you should be aware of certain transactions and dealings with specific individuals that are prohibited. A list of prohibited transactions that should be kept in mind to prevent your IRA from penalties or disqualification include:

  • Sell, exchange or lease property to yourself
  • Vacation in, or otherwise use, property owned by the IRA
  • Allow disqualified persons to vacation in or use property owned by the IRA
  • Buy, sell or lease property from a disqualified person
  • Receive compensation for managing property in the IRA
  • Perform maintenance on the property held within the IRA
  • Use the IRA property as security for a loan
  • Borrow money from the IRA
  • Transfer plan income or assets to disqualified persons
  • Lend money to disqualified persons
  • Furnish goods, services, or facilities to disqualified persons
  • Allow fiduciaries to obtain or use the plan’s income or assets for the IRA owner’s interest

The list of disqualified persons involved with an IRA includes:

  • The IRA holder and his or her spouse
  • The IRA holder’s lineal ascendants, lineal descendants, and spouses of lineal descendants
  • Investment advisors and managers
  • Any corporation, partnership, trust, or estate in which the disqualified person maintains control as a president, manager, etc.
  • Anyone providing services to the IRA, such as the trustee or custodian
Disqualified Parties Updated 2020

Know How Expenses Flow In and Out of the IRA

All income expenses must flow directly in and out of your IRA. Midland IRA, as the administrator of your account, receives and deposits income to your IRA and pays the expenses from your IRA. Improper handling of IRA expenses and income can lead to problems for the IRA holder and can lead to the IRA losing its tax-advantaged status. There are some clients who purchase real estate who fail to take the necessary steps to properly pay bills and arrange to have their IRA receive rent. Some clients also believe that it is okay for their IRA to purchase the property and for them to personally pay bills and receive all of the rent checks. These are examples of prohibited transactions.

An IRA owner cannot receive a personal benefit from their IRA. This includes taking income directly from IRA assets, such as real estate. These actions could result in a punishment of a forced distribution from your IRA.

Using Midland360 and Midland Pay to Manage your Real Estate IRA Funds

Midland has made managing the flow of expenses for a real estate IRA even easier for our clients. By using the Midland360 Online Portal, clients can update their account information, view billing related topics, initiate sending funds from their account for bill pays, distributions, and investments, view account activity, and view account documents.

In addition to the Midland360 Online Portal, we also offer the Midland Pay app in the Apple and Google Play stores. The app allows tenants of Midland account holders to quickly and easily pay rent or note payments securely via direct deposit (ACH) at no additional cost to our clients or their tenants. Midland Pay features include:

  • Sending rent and note payments via ACH
  • Paying as a guest
  • Creating an account to send future rent payments
  • Sending a one-time payment
  • Scheduling recurring payments
  • Viewing payment history
  • Easily searching for the property or note to be paid

Learn more about the Midland360 Online Portal.

Options to Handle Income and Expenses

There are multiple ways that you as the IRA owner can handle your real estate accounts. These options include handling the accounting yourself, hiring a property manager, and forming a single or multi-member LLC. As always, it is important as the IRA owner to know how the transactions flow through the IRA with each option and the prohibited transactions/disqualified parties related to each.

Handle Transactions Yourself On Behalf of Your IRA

When handling a self-directed IRA on your own, it is important to remember that you can handle property management but cannot perform sweat equity or pay for expenses out of your own pocket. By ensuring that every expense flows through the IRA account and you do not perform your own maintenance on the property(ies), you will avoid prohibited transactions.

The best way for an IRA owner to handle transactions themselves is to utilize the Midland360 Online Portal or the Midland Pay app in the Apple and Google Play stores. These two platforms allow IRA owners to make one-time payments or set up recurring payments. The portal comes in handy for IRA owners when single expenses come up to be paid by the IRA, such as a water heater replacement. Recurring payments can be set up by tenants themselves to allow monthly rent payments to flow directly into the IRA.

Use a Property Manager to Manage All Income/Expenses for the Account

Since IRA owners are not allowed to perform any sweat equity or pay expenses out of pocket, many choose to hire a property manager to oversee the property(s). While this is not required, it is a way to make the process easier and to avoid prohibited transactions.

When hiring a property manager, they must be paid by the IRA. They may be able to do repairs or hire professionals to do the work, but any expenses incurred by them (including their salary) must flow in and out of the IRA.

Form a Single-Member LLC

These accounts are known as single-member LLCs or checkbook control IRAs. This arrangement gives the self-directed IRA owner what is commonly referred to as “checkbook control.” By creating a new LLC and having the IRA as the sole member of the LLC, the IRA owner acts as manager of the LLC. A bank account can be established for the LLC in the name of the IRA, which allows the IRA owner to write checks directly to purchase investments.

Typically, these account structures are used by individuals who are holding rental properties in the LLC or by individuals who are purchasing multiple assets. Such transactions require a great deal of accounting and the IRA owner is responsible for keeping complete and accurate records. Forming an LLC creates an additional cost and entails a supplementary set of rules that must be followed. Consult with your attorney, CPA, or other financial professional to determine if using a single-member LLC is right for you.

Form a Multi-Member LLC to Pool Various IRAs/Investors/Personal Funds

Closely-held LLCs can refer to an LLC or partnership in which a group of people owns different types of investments. Closely-held LLCs offer a great deal of flexibility for IRA investors. Closely-held LLCs can include single-member LLCs, but typically we are talking about multi-member entities. However, additional responsibilities and rules surround these investments and the setup of the entity.

If choosing to invest through a multi-member LLC, there are no limits on who can be members of the LLC. Anyone can be the manager of the LLC, but it is always important to remember that if the manager is a disqualified party that person cannot be compensated for managing the LLC. We encourage clients to speak with their advisors in regards to detailed questions on the LLC’s management.

There are three basic steps to investing in a multi-member LLC:

  1. Open and fund the self-directed IRA at Midland using our online application.
  2. Create or obtain the required LLC documentation. For a multi-member LLC, Midland requires a copy of the LLC operating agreement, articles of organization or incorporation, and a schedule of members showing the IRA titling or titlings listed as a member with the percentage ownership and capital contributions specified. Once ownership percentages are established in the LLC, they cannot be changed. The LLC manager and IRA owner may wish to work with an attorney to establish the LLC or if they have in-depth questions about structuring.
  3. Once all of the LLC and Midland purchase authorization documents are received and in good order, we will be able to process the investment the next business day and send the funds to the LLC bank account. From there, the manager of the LLC will move forward with the investments through the LLC.

It is crucial for the IRA owner and the LLC manager to be aware and familiar with disqualified parties and prohibited transactions. Should there be a capital call or any other need to send additional funds for the IRA’s investment in the LLC, funds will need to first flow through Midland. If there are disqualified parties who are also members in the LLC, they too will need to send funds equal to their percent ownership to prevent any unintentional transfers of ownership.

MIDLAND TRUST COMPANY, NOR ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY REFERRED TO AS “MIDLAND”), IS NOT A FIDUCIARY: Midland’s role as the Custodian and/or Administrator of self-directed retirement accounts is non-discretionary and/or administrative. The account holder or his/her authorized representative must direct all investment transactions and choose the investment(s) for the account, and is responsible for conducting his/her own due diligence. Midland has no responsibility or involvement in selecting or evaluating any investment and does not conduct due diligence on any investment. Nothing contained herein shall be construed as investment, legal, tax, or financial advice or as a guarantee, endorsement, or certification of any investments.

Investing in Plant-Based Industries with a Self Directed IRA

Plant-Based Investments

Plant-based foods are becoming more popular. I read Fiber Fueled, a book on health effects based on the foods we eat. In the book, a doctor referenced over 600 studies on the health implications of a plant-based diet. This article focuses on the growing popularity of plant-based productions. We also discuss how you can invest in the plant-based industry with a self directed IRA.

Why Is Plant-Based Food Gaining Traction?

Environmental Impacts

A growing concern for environmental impact has increased the popularity of plant-based foods. More people are talking about the planet and the effects of global warming. Animal sourced foods, such as beef or dairy milk, can use thousands of gallons of water to produce. Plant-based alternatives like tofu or oat milk average only a few hundred to produce. The massive amount of methane released by cattle has also been increasingly publicized.

Health Impacts

Plant-based food offers a multitude of health benefits. Plant-based foods of larger, lower-calorie portions can cause people to feel fuller, longer. This makes plant-based foods very helpful in weight loss diets. Plant-based alternatives can offer the same calories and nutrients more healthily.

How to Get Involved in Plant-Based Food Investments

Investors have the opportunity to enter this growing market of alternatives. Plant-based start-ups have become a hot choice. This is being recognized in many different industries and companies. For example, Purdue University is offering up to $100,000 in funding per semester. Funding goes towards innovations in the plant sciences industry, including new plant-based alternatives.

Plant-based investments are not limited to food. Many are shifting away from animal-based products toward alternatives with the same function. Below are a few animal products that are now facing plant-based competition:

  • cosmetic and hair care products
  • paintbrushes
  • leather
  • perfume
  • plastic bags
  • crayons

The more positively the product correlates to environmental or health benefits, the more sought after it is. Investors like that these products are affecting local, national, and global economies.

How Can I Invest in Plant-based Products With My IRA?

To invest in a start-up company with an IRA, you need to use a self directed IRA custodian, like Midland. A self directed IRA provides flexibility to invest in alternative assets. Alternatives can include small business stock or private placements. An SDIRA allows you to buy private assets, such as plant-based investments. The benefit of investing with your IRA is that all income and gains flow back to the IRA tax-deferred. If you are investing with a Roth IRA, income and gains are tax-free. With a taxable account, you would have to pay taxes annually on your investment.

Using Private Stock and Private Placement to Buy Alternative Assets

The two most common plant-based investments are direct stock offerings and private placements. If you are early enough in the company’s start-up, they may be offering shares of stock. In that case, once your IRA is set up and funded, the IRA custodian ensures the company stock issues to your IRA.

Stock Purchase Example

Cassie wants to use her IRA to invest in Horizon Burgers and Dogs. Horizon sells plant-based meat substitutes. They are doing a 5 million dollar capital raise to select family and friends. They are selling shares for $10 each. Cassie would like her IRA to invest $50,000 and buy 5,000 shares. The IRA custodian works with Cassie and Horizon to have the shares titled in the name of Cassie’s IRA. In the case of any dividends, the income would return to the IRA. If Horizon sells at $20 per share, all the original principal and capital of $100,000 would return to the IRA.

Private Placement/Direct Stock Offering Example

Dashawn would like to invest in a private placement called All Natural Shoe Company. They specialize in shoes made of organic cotton/wool and other pure products. All Natural is raising $20 million, and Dashawn would like to invest $250,000. Dashawn has been working with his independent advisor, who has recommended this product. Midland Trust is Dashawn’s custodian. Dashawn directs Midland to buy this asset in his IRA. His MIdland client service representative works with All Natural to prepare the documentation. Midland Trust signs on behalf of Dashawn for this investment. Then, Dashawn would approve all documents. Finally, Midland wires funds to the escrow agent to complete the transaction.

Typically, private placement investors have accredited status. This is due to the sophisticated nature of private placements. Learn more about accredited investor statuses. The most common accredited investor has a net worth of one million dollars or more. As with private stock, all dividends or gains from sales must come back to your Midland IRA.

Contact Midland to Learn More

There are many advantages to self directed IRAs. Feel free to contact Midland at 239-333-1032. Speak with one of our experienced representatives about your unique transaction today. At Midland, we are here to help.

Author: Alec Potts, Compliance Specialist at Midland IRA, Inc.

Midland Trust Company, nor its affiliates or subsidiaries (“Midland”), is not a fiduciary. Midland’s role as the Custodian is non-discretionary and/or administrative. The account holder or authorized representative must direct all investment transactions. The investor or authorized rep must choose the investment(s) for the account and conduct due diligence. Midland has no responsibility or involvement in selecting or evaluating any investment. Midland does not conduct due diligence on any investment. Nothing contained herein shall be construed as investment, legal, tax, or financial advice. Nothing contained herein shall be construed as a guarantee, endorsement, or certification of any investments.

Will Investment Advisors Soon Be Held to the Same Standards as Banks?

registered investment advisor policies

Hedge fund manager and registered investment advisor policies may be subject to a new set of rules aimed at reporting suspicious activity related to money laundering and other forms of financial fraud. This push, which started six years ago, was dormant during the last US administration but is now gathering new momentum.

Investment Advisors Who Might Be Affected

In 2015, a proposal was put forward by then-President Obama’s administration to widen the scope of money laundering and fraud detection by US financial entities. The draft of this proposal from August 2015 would have required certain investment advisors to adhere to the same money-laundering oversight policies as banks.

Per the 2015 draft, this “would apply to investment advisers that are required to be registered with the US Securities and Exchange Commission (SEC), including advisers to certain hedge funds, private equity funds, and other private funds.”

This policy was proposed back then but was not implemented, and it was not put into play under the Trump administration. There are now rumblings that it may be revived.

Why Are People Talking About This Now?

The transition in power has prompted some new attention to anti-laundering efforts, and it looks to have support across the aisle.

One source of support on record for this effort comes from the international, non-partisan Financial Accountability and Corporate Transparency (FACT) Coalition, an organization whose stated goal is “to address the challenges of a global economy and promoting policies to combat the harmful impacts of corrupt financial practices.”

In “The First 100 Days,” the FACT Coalition proposes that the Biden administration should “complete work on the proposed 2015 FinCEN rule to impose AML program and suspicious activity reporting requirements on registered investment advisers, including private equity funds and hedge funds.”

What This Means For You

FinCEN is the government’s enforcement agency. They would be responsible for the enforcement of these regulations.

Some of the possible requirements that could be asked of advisors include the following:

  • Establishing anti-money laundering (AML) programs
  • Reporting suspicious activity to FinCEN pursuant to the Bank Secrecy Act (BSA). This BSA quick guide is the current standard institutions follow to stay in compliance.
  • Filing Currency Transaction Reports (CTRs) and keep records relating to the transmittal of funds
  • Complying with the recordkeeping requirements of the BSA
  • Promptly producing documents related to investors

What Can You Do?

While there is no word of action being taken immediately, this is one issue to watch. We will continue to post any updates we find.

If you have insight into this issue, please drop me a line. We are looking to put together a roundtable discussion of how RIAs can stay in the loop on this issue. We welcome your input.

Midland Trust can execute your investment paperwork and transactions, bringing alternative investment expertise without the cost of hiring additional talent. As a qualified custodian, Midland Trust can be engaged to help Advisors comply with the Custody Rule and offer document safekeeping services as well. Learn more here.

Author: Adam Sypniewski, Sales Director at Midland IRA, Inc.

Water Is Now a Tradable Commodity

Water Is Now a Tradable Commodity

The Chicago Mercantile Exchange Group (CME Group) is a leader in Futures Trading. The group recently announced that water is now a tradable commodity on its exchange. In this case, it refers to California water. California constantly battles for access to the scarce and often elusive commodity, water. From our right to safe drinking water to agricultural demands to recreation and development, water is on everyone’s agenda.

California emerged from an eight-year drought last year, which resulted in massive crop losses. Township existence hinges on affordable water supply. Hence, prices rise, and budgets are adjusted as the world gets hotter than ever.

The CME Group has an answer: futures trading. In December, water joined oil, gold, wheat, and Bitcoin as a tradable commodity. Cities and farmers can now buy futures in California’s water. This means that traders can hedge against or bet on rising water prices out West. Therefore the trading opportunities now exist to capitalize on fluctuations in supply and climactic events. Will other states follow? Stay tuned.

Trade Water Futures in Your IRA

Futures trading is one of the most popular and common investments in a self-directed IRA. Typically, the IRA owner has expertise in market trading. Never is this more true than with futures traders. Investors need knowledge and understanding of the markets and how they trade. If you would like to learn more about Futures Trading in your self-directed IRA, please contact Midland at (239) 333-1032. Or head to our website at www.midlandtrust.com.

MIDLAND TRUST COMPANY, NOR ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY REFERRED TO AS “MIDLAND”), IS NOT A FIDUCIARY: Midland’s role as the Custodian and/or Administrator of self-directed retirement accounts is non-discretionary and/or administrative in nature. The account holder or his/her authorized representative must direct all investment transactions and choose the investment(s) for the account, and is responsible for conducting his/her own due diligence. Midland has no responsibility or involvement in selecting or evaluating any investment and does not conduct due diligence on any investment. Nothing contained herein shall be construed as investment, legal, tax, or financial advice or as a guarantee, endorsement, or certification of any investments.