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Guest Editorial

Protecting Your IRA - Part IV: Your Own Personal Tax Haven

Saturday, July 31, 2010 – by  Terry Coxon


Terry Coxon

An ordinary IRA requires you to be passive. You're not driving the bus, you're a passenger.

An Open Opportunity IRA, on the other hand, lets you act. The IRA owns just one asset—a limited liability company (LLC). All the investing and earning happens inside the LLC. And you're in charge because you are the LLC's Manager. You make all the financial decisions; you don't need to wait on anyone's consent or approval; when you are ready to act, you act and you act immediately.

The Open Opportunity structure lets you pour your skill, experience and energy into your IRA, where the rewards can be collected free of current tax (and free of any tax at all if you have a Roth IRA). Big chunks of your financial life can migrate into your IRA, which then becomes your own personal tax haven. For example...

• Rental real estate. Being a landlord is work. You can hire a property management service to do the work for you, but you'll have to pay 20% of the rental income for their help. On the other hand, if you do the work yourself, the money you save – the reward for your effort – will flow into the tax-deferred/tax-free environment of your IRA.

• Housing rehabilitation. If you have the skills required for rehabilitating run-down properties, you can put those skills to work for the benefit of your Open Opportunity IRA's LLC. You swing the hammer, you climb the ladder and you oversee the workmen helping with the project. When you collect the pay-off for your effort by selling the property at a big increase in price, the profit goes into your Open Opportunity IRA -- no current tax.

• Intellectual property. If you are a computer programmer, web site builder, author, songwriter, filmmaker, inventor – anyone who produces intellectual property that earns royalties – you can do your work as a volunteer for your IRA's LLC. That way, there's no current tax on the royalties your effort produces and no tax at all if your Open Opportunity IRA is a Roth.

• Equipment leasing. If you have knowledge and experience in connection with any type of equipment for which there is a rental market, you can put that knowledge and experience to work for an equipment-leasing business owned by your IRA's LLC. You turn your expertise into money, and the money accumulates inside your IRA.

And those are just examples.

Sometimes work is fun. And sometimes it's just work. Either way, you'll like the experience far better if the rewards are flowing into your IRA's tax-favored environment.

There's one more topic for Protecting Your IRA to cover. Because an IRA is such a congenial environment for wealth, you probably won't spend all of your IRA money during your lifetime, so part of it will be going to your heirs. I'll explain the financial logic driving that conclusion in Part V, "An IRA Blessing for Your Heirs," and also show how, dollar for dollar, an Open Opportunity IRA can be so much more valuable for your beneficiaries than anything else you leave.

(If you missed the earlier Parts of Protecting Your IRA, you can find them here: Protecting Your IRA – Part 1: The Danger.)


Editor's Note: IRAs are turning out to be vastly more flexible than most investors have ever imagined, as Terry Coxon shows in this issue, in PART IV of Protecting Your IRA. An IRA needn't be limited by what's available through a particular broker, mutual fund family or insurance company. You can put almost anything into an IRA, including your own energy. To learn more about the possibilities and how to put them into practice, I recommend getting and reading Unleash Your IRA. It's available only online. You can find details and how to order at Unleash Your IRA.

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Posted by Fredrick Porter on 7/31/2010 1:24:27 AM

Sirs: Are you saying once I have sold my income producing real estate (and paid the appropriate capital gains tax) I could put these funds into a Roth IRA which could be owned by an Open Opportunity IRA, and the Roth IRA owned by the Open Opertunity IRA would then pay no income tax on its subsequent earnings? Or any income tax until some of the Roth earnings were taken out of the Roth IRA?

Posted by Sean on 7/31/2010 1:56:25 AM

Has anyone considered that the government, needing evermore income, might in the near future reverse the tax status of Roth? Might the "incentive" currently being provided to convert conventional IRAs, and paying the tax now) to a Roth could be just a scheme to collect taxes twice? I really don't know the answer, but we do know that tax laws change all the time. For example, when the IRS was created in 1913, the tax rates was something like 1% up to $20000./year and graduated up to 7% of income over $500000./year. Of course, not many people earned enough to pay anywhere near top rates in 1913.

Posted by GinnyR on 7/31/2010 10:28:30 AM

"Open Opportunity IRA" would sound tempting. But ever since I heard Ron Holland and dear Harry Browne speak at Oerlikon, Switzerland in 1995, I'm leery of IRAs for exactly the reason Sean (below) cites. IRAs are just slowly fattening fodder for the bloodthirsty tentacles of Leviathan, beginning next year and never ending before 2070. I'd love to be wrong about this. What about gold and silver, Terry?

Posted by Robert Davis on 7/31/2010 2:00:36 PM

I have never heard of the "open opportunity" ROTH IRA, however I have heard of "Self Directed ROTH IRAs"; in a self directed Roth IRA, you must have a qualified institution hold the account for you, however you can direct the institution to invest in Real estate and other ventures in a similar fashion that has been described in Terry's article. It sounds as though the "Open Opportunity ROTH IRA" allows one to create their own LLC and handle transactions directly without a qualifying third party institution. As to Frederic Porter's question, yes, if you use your "Self Directed Roth" to purchase real estate, all of the realized gain or increase in value is currently TAX FREE!!.

Other readers correctly point out however that nothing is really safe from a corrupt and greedy government; once the "open opportunity" or "self directed ROTH IRA's become "common knowledge" they will be a target of the insatiable greed of government.

Posted by Wizard1786 on 8/1/2010 1:09:30 PM

I have heard a differnt opinion to some of your suggestions such as managing rentals within the IRA LLC and saving the management fee. It will be considered dealing with a prohibited individual and at least taxed as such and could endanger the entire IRA.

Posted by Drm on 8/1/2010 3:08:13 PM

This is clearly a prohibited transaction for an IRA , open traditional roth in or outside of a LLC! This guy is very aggressive and prople need to read with caution.

Rental real estate. Being a landlord is work. You can hire a property management service to do the work for you, but you'll have to pay 20% of the rental income for their help. On the other hand, if you do the work yourself, the money you save ‒ the reward for your effort ‒ will flow into the tax-deferred/tax-free environment of your IRA.

Posted by Cathy on 8/2/2010 8:49:36 AM

I believe what he is saying is that any money you don't pay to a real estate manager will stay in your ira, not that you can pay yourself the management fee and put that into the ira, which would be "self dealing."

Coxon's contribution here is a 20 year old tactic. He's given it a "new" name but it is the same self directed IRA we've known about for a long time. His only real contribution that I can see is the tactic of valuing the ira assets at a discount while converting from a traditional to a Roth. This is a rather aggressive tactic that some financial planners use for estate planning and the IRS hates it. His marketing materials say you can claim your assets are worth half of market value because they are in an LLC. Good luck on that--I repeat, the IRS hates this.

Otherwise, he's charging a lot of money for old info and all his buddies are touting it for him as if he's some kind of genius who has found the holy grail. Frankly, I think it stinks.

Posted by Warren Baker on 8/3/2010 1:33:00 PM

As a tax attorney and consultant for hundreds of clients using a self-directed IRA-owned LLC structure ("IRA/LLC"), I have several problems with Mr. Coxon's article.

First of all, there are potential invalid IRA contribution problems when contributing your own "sweat equity" to your IRA/LLC. Secondly, Mr. Coxon completely ignores the potential tax ramifications to your IRA when the IRA/LLC earns income that is not exempt/deferred from tax (i.e. "Unrelated Business Taxable Income" (UBTI)). If the IRA/LLC earns income from an active business (e.g. from operating a equipment leasing company), UBTI will be triggered and your IRA will owe CURRENT taxes " which requires an IRA tax return. Be careful what you read online regarding self-directed IRAs!

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