Articles
California Rollover IRAs Can Receive ERISA-Style Creditor Protection
Have you rolled over your 401(K) plan or other employer based plan to a rollover IRA? Has someone told you that your rollover IRA in California isn’t protected from creditors. They're wrong. California Exemptions Retirement plans are known for being great places to...
Using an LLC to Hold Rental Real Estate
PERMANENT PENALTY RELIEF FOR DELINQUENT SOLO 401K RETURNS
Do you have a solo 401(k)? Have you been filing form 5500-EZ each year for the 401(k)? Are you aware that there is a penalty up to $15,000 per year for failure to file? While many solo 401(k)s are exempt from the 5500-EZ filing requirement, we have ran across many...
What Every Lawyer and Advisor Needs to Know About Self Directed IRAs
Wealth Counsel Presentation: Last week I gave a presentation and continuing legal education class, What Every Lawyer and Advisor Needs to Know About Self Directed IRAs, to the Arizona Forum of Wealth Counsel. This was a mighty fine group of lawyers and they even...
Have You Amended Your Solo 401k Plan Lately?
Have you amended your solo 401(k) plan lately or are you planning on paying penalties? IRS Rev Proc. 2007-44 requires that every 401(k) plan, including solo 401(s)s, be updated and amended at least every six years. PLANS MUST BE UPDATED EVERY 6 YEARS This six year...
Swimming in Liability: Demi Moore, Pools, and Landlord Tips
Actress Demi Moore recently discovered a dead man in her pool. This unfortunate situation caught the media’s attention and caused many to think of pool safety and liability issues. As a lawyer with many clients who own rentals in Arizona, Florida, and California and...
Avoiding State Income Tax on Retirement Plan Distributions
When a retiree begins taking distributions from a traditional IRA, 401(k), or pension plan, those distributions are taxable to the retiree under federal income tax and any applicable state income tax rules. While federal taxation cannot be avoided, state taxation may...
UMBRELLA INSURANCE POLICY OR LLC
Many real estate investors and landlords often ask whether they should use an umbrella insurance policy or an LLC to protect them from liabilities that may arise on their rental property. An LLC protects the owner of the LLC from liabilities that arise on any property...
DUE DILIGENCE TOP TEN LIST
Before you invest your hard earned savings or your self-directed IRA into a “alternative” business or real estate investment of another you need to ask some hard questions to the person or business receiving your money. Here are some tips to keep you out of legal...
Court Rules in Favor of Self-Directed IRA Real Estate Investor in Prohibited Transaction Case
A recent Bankruptcy Court decision dealt with prohibited transaction claims against a self directed IRA owner who was using their IRA to flip real estate for profit. The claims were brought by a bankruptcy trustee who argued that the protected IRA was no longer an IRA...
