Due to both the market turmoil of recent years and the rapid advancement of communication and information technologies, non-traditional forms of investments, such as self-directed IRAs (SDIRA), have exploded in popularity.  Once the domain of only the most affluent of investors, self-directed IRAs are increasingly being marketed to the general public.  “This growth is likely to continue as baby boomers seek an investment home for their former employer’s 401(k) accounts and the general awareness of these investment vehicles continues to mature.”[1] 

     “Investments within SDIRAs frequently include real estate, closely held business entities, and private loans and can include any other investment that is not specifically prohibited by federal law…”[2]  While investors may find the flexibility of these arrangements appealing, many are unaware of their associated tax traps.  Investors often assume that income from an IRA is automatically tax exempt.  However, an SDIRA, like an IRA, is legally considered a trust and is taxed accordingly.   While investment income earned by an SDIRA is typically excluded from taxation, other forms of income are not given this preferential treatment.  “IRC 512 imposes a tax on income earned by a tax-exempt organization in a trade or business that is unrelated to the organization’s tax exempt purpose.”[3] That is, any ordinary income that the SDIRA may earn from a pass-through entity is considered unrelated and is subject to tax.  Further, since the SDIRA is considered a trust, the entity is taxed at far higher rates than corporations or individuals.  IRC 512 also taxes income from the acquisition of unrelated debt-financed property.  This often affects investors in real estate. While rents from real property are normally considered investment income and excluded from taxation, if the property was acquired with debt a pro-rata portion of the income earned thereon is subject to tax.

     “The above examples demonstrate some (but certainly not all) of the potential problems that clients could face if they decide to invest their retirement account in nontraditional assets.”[4]  Call The Rodeheaver Group today and find out how we can help you safely navigate these complex issues.



[1] Baker, Warren.  “Estate Planning Challenges of Self-Directed IRAs.”  Estate Planning Council of Seattle. 
[2] Baker, Warren.  “Self-Directed IRAs: A tax compliance black hole.”  Journal of Accountancy.  October 2013. 
[3] Baker, Warren.  “Self-Directed IRAs: A tax compliance black hole.”  Journal of Accountancy.  October 2013.
[4] Baker, Warren.  “Self-Directed IRAs: A tax compliance black hole.”  Journal of Accountancy.  October 2013.


 


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