Your IRA Custodian's Management Fees May Now Be Tax Deductible!

Have you ever thought about deducting your custodian/trustee fees from your taxes? That'd be fun, considering you'd most likely have to talk to your custodian/trustee about it.

Many retirement account holders don't know their payment IRA custodian/trustee fees may in fact be tax-deductible. The irony is not lost on us.

Example of an IRA Custodian Tax Deduction For Investors

According to the IRS rules, in place of the standard deduction, you can deduct certain expenses as miscellaneous itemized deductions on Schedule A.

But you can only claim the amount of expenses that are more than 2% of your adjusted gross income.
For example, Alexander is a single taxpayer who has an adjusted gross income of $50,000. He may deduct her miscellaneous itemized deductions only to the extent that they exceed 2% of $50,000, or $1,000.

Facts About IRA Tax Deductions

So if you're using Schedule A to itemize deductions in place of taking the standard deduction, your IRA custodian/management fees can be deducted.

These annual IRA management fees may be tax-deductible, according to the itemized deduction rules. As long as the fees are separately billed and paid for using IRA funds.

In other words, IRA management fees paid by personal cash or check that are not deducted from the IRA may be deducted as investment expenses, subject to the itemized deduction limits.

On the other hand, IRS rules state that if your IRA administrative/management expenses are paid directly from the IRA, such payment will not be considered a distribution from the IRA.

For example, if you contribute the maximum for a person under age 50 ($5,500 as of 2018), and your trustee deducts $200 from the account for advisory or custodian fees, the fee paid would not be considered a distribution.

Note: You cannot increase your IRA contribution to compensate for that amount.

How To Pay IRA Fees To Get A Tax Deduction Properly

You have to pay IRA management/custodian fees with the money in a retirement account (which is subtracted directly from the account without tax consequences) or pay the fee with outside/personal dollars instead. Only then can you claim the itemized deduction.

The same applies to a retirement account where you are subject to investment management fees associated with the retirement account.
The IRS recently confirmed that “wrap fee” style arrangements like ongoing assets under management and investment advisory fees can be paid with outside taxable dollars and still deducted as Section 212 expenses, subject to the itemized deduction limits.

The determination of whether the IRA administration/management fee is deductible is dependent on how it is billed. For example, if the money simply comes out of any cash balance in the IRA, then you can't deduct it.

Instead, for tax purposes, the fee is offset against earnings in the account when you begin withdrawing the retirement account funds.
But if the IRA administrator/trustee bills or invoices the individual separately and allows you to pay from another source, then the fee may be deductible for the year in which it was paid.

However, because of the “prohibited transaction” rules, a transaction can be subject to tax and penalties.

Note: Make sure personal expenses are NOT paid using retirement funds or vice versa. This will help you avoid costly penalties.

Given that IRA custodian and related investment advisory fees can be paid from retirement accounts, as long as the fee is attributable only to the retirement account.

Close readers and smart investors (we're pretty sure that's all of you) may still have one question.

Given the Choice, Should You Pay IRA Fees with Retirement or Personal Funds?

The answer is generally dependent on a variety of factors, specifically, on how much of the IRA fee would have been deductible if it was simply paid with outside/personal dollars instead based on the itemized deduction rules.

The benefit to paying the IRA custodian/management fee from a retirement account is the ability to pay it with pre-tax dollars.

If the fee would have been fully deductible if paid with personal/outside dollars, then it’s best to simply pay with outside dollars, and allow the IRA to maximize its ongoing tax-deferred growth.

Although, in reality, IRA custodian/management fees are often not fully deductible due to the 2%-of-AGI floor on miscellaneous itemized deductions and due to the reach of the alternative minimum tax (“AMT”).

In any event, it will generally always be preferable to use personal funds to pay the IRA custodian/investment management fee for a Roth IRA, even if the fee is not deductible.

Get Professional Help Managing Your IRA Retirement Account

The ability to deduct IRA custodian/trustee fees can be a nice tax benefit to many IRA account holders itemizing their tax deductions. However, the process can be time-consuming, so it's not advised unless you have a lot to gain from doing so.

If you want to learn more about deducting your IRA management fees, take our Tax Discovery Quiz below.

Keep more of your money with a Royal Tax Review

Find out about the tax savings strategies that you can implement as a real estate investor or entrepreneur by taking our Tax Discovery quiz. We'll use this information to prepare to have a productive conversation. At the end of the quiz, you'll have an opportunity to schedule your consultation.    TAKE THE TAX DISCOVERY QUIZ

Top 10 Features Of The Solo 401k Plan: Empower Your Business

Are you an independent contractor or the only employee of a business you own? If so, you may want to learn about the Solo 401k.

A Solo 401k is a dream come true for small businesses, independent contractors and sole proprietors, such as consultants or freelance writers. A Solo 401k Plan can be adopted by any business with no employees other than the owner(s).

The business can be a sole proprietorship, LLC, corporation, or partnership. The Solo 401k is a tax efficient and cost effective plan offering all the benefits of a Self-Directed IRA, plus additional features.

Solo 401k Features and Benefits

1. Easy to maintain.

There is no annual filing requirement unless your solo 401k plan exceeds $250,000 in assets. If it does you will need to file a short information return with the IRS (Form 5500-EZ).

2. Freedom of choice and tax-free investing.

With a Solo 401K Plan, you will be able to invest in almost any type of investment opportunity, including:

Your only limit is your imagination.
Note: The income and gains from these investments will flow back into your Solo 401K Plan tax-free.

3.You can get a loan.

The Solo 401k allows you to borrow up to $50,000 or 50% of your account value, whichever is less. The interest rate will be the current prime rate. You can use the money for anything you want.

4. No Custodian fees.

A Solo 401k plan allows you to eliminate the expense and delays that come with an IRA custodian. This enables you to act quickly when the right investment opportunity presents itself.

Also, because you can open a Solo 401k at any local bank or credit union you won't have to pay custodian fees for the account as you would in the case of an IRA.

Another benefit of the Solo 401k plan is that it doesn't require you to hire a bank or trust company to serve as trustee. This flexibility allows you to serve in the trustee role. This means all assets of the 401k trust are under your direct control.

5. High contribution limits.

While an IRA only allows a $5,500 contribution limit (with a $1,000 additional “catch up” contribution for those over age 50), the solo 401(k) contribution limits are $54,000.  (With an additional $6,000 catch up contribution if you're over age 50.)

Under the 2017 Solo 401k contribution rules, if you're under the age of 50 you can make a maximum employee deferral contribution in the amount of $18,000. That amount can be made in pre-tax or after tax. The after-tax method is known as the Roth account.

On the profit sharing side, your business can make a 25% (20% in the case of a sole proprietorship or single member LLC) profit sharing contribution up to a combined maximum, including your employee deferral, of $54,000.

If you're over the age of 50, you can make a maximum employee deferral contribution in the amount of $24,000. That amount can be made in pre tax or after tax (Roth). (Up to a combined maximum of $60,000.)

6. Contribution options.

You always have the option to contribute as much as legally possible, as well as the option of reducing or even suspending plan contributions if necessary.

7. Roth contributions.

The Solo 401k plan contains a built-in Roth sub-account you can contribute to without any income restrictions. With a Roth sub-account, you can make Roth type contributions while having the ability to make significantly greater contributions than with an IRA.

8. Tax deductions can offset the cost of your plan.

By paying for your Solo 401k with business funds, you would be eligible to claim a deduction for the cost of the plan, including annual maintenance fees.

9. Exemption from UDFI tax.

When an IRA buys real estate that is leveraged with mortgage financing, it creates Unrelated Debt Financed Income (UDFI). This means you're going to be paying a lot of money in taxes!

How much is a lot you ask? The UBTI tax is approximately 40% for 2017-2018! Learn more details about this whopping tax penalty from our previous UBTI breakdown.

But, with a Solo 401k plan, you can use leverage without being subject to the UDFI rules and UBTI tax. This exemption provides significant tax advantages for using a Solo 401k Plan over an IRA for real estate purchases.

10. Rollover options.

A Solo 401k plan can accept rollovers of funds from another retirement savings vehicle, such as an IRA, a SEP, or a previous employer's 401k plan. Which means you can directly rollover your IRA or qualified plan funds to your new 401k Plan for investment or loan purposes.
Note: Roth IRA funds can't be rolled into a Solo 401k Plan.

Still Using an IRA?

While the IRA is nice and all, it just can't compete. With a solo 401k plan, your business will pay less in tax, and you won't have to deal with the typical IRA restrictions.

Are you interested in learning more about Solo 401ks? Call Royal Legal Solutions at (512) 757–3994 to schedule your retirement consultation today.

What is the Self-Directed IRA?

Do you have an IRA? If yes, you've probably only invested in mutual funds and other types of stock investments. But did you know lot of people that are in the know are now using their IRAs to invest in real estate and other more productive assets? All thanks to the self-directed IRA.

The Self-Directed IRA Basics

As its name suggest, the self directed IRA is an IRA you self-direct, or control. You might think that you control your IRA already. The truth is you don't. Your IRA is controlled by a custodian, and you have a limited choice of investments. You can only invest in things like stocks, bonds and mutual funds.
But by using a self-directed IRA, you'll be able to take complete control of your IRA. You'll be able to streamline the investment process and cut out the custodian, which means no more custodian fees or undue delays. And the best part? You can invest in real estate using a self directed IRA!

The Self-Directed IRA Rules

However, there are certain restrictions that apply to self directed IRA investors. You don't want to violate the IRA rules. (If you do, there are several consequences, including a fine.)
For example, one of these IRA rules is you can't loan money to a disqualified person. Also, there are certain assets that you can't invest in such as artwork, life insurance or collectibles.
Yet despite all these IRA rules, the self-directed IRA is the most powerful investment tool available for an IRA owner. Once you have a self directed IRA, you'll be able to use to invest your IRA funds into highly profitable asset classes with the ease of not having to involve a custodian.
If you have any questions about the self directed IRA, I've written several blog post that should be able to answer all of your questions. To learn more about the self-directed IRA (including how to fund and create one), check out our answers to top self-directed IRA questions. You may also be interested in learning how to buy real estate with your self-directed IRA.
If you have more questions or want to establish your self-directed IRA, Royal Legal Solutions is here to help. Contact us today.

Why You DON'T Want A Self Directed IRA LLC In California

You may have heard about the benefits of the self directed IRA before. The self directed IRA offers many advantages, including asset protection, tax benefits, and freedom of choice. But if you live in California, you don't want to get one.

California Investor: Don't Get an LLC, Get An IRA Business Trust

With an LLC you end up having to pay an $800 yearly franchise tax as a California resident. (That's on top of the filing fees.) Instead of getting an LLC, you should get what's known as a business trust.

Business trusts aren't subject to the costly franchise tax laws in California. And with a business trust you're able to do everything you can do with an LLC. You can direct your funds where you would like to and you can invest in anything you want. All without involving a custodian.

So yes, with a business trusts you will save money where fees are concerned. But there are some downsides.

The One Downside Of Using An IRA Business Trust

Unfortunately business trusts lack the asset protection you would get with an LLC. However, they're still partly anonymous, which can help you a little bit.

While a business trust won't give you all the asset protection you need, you'll still be able to invest in a cost and tax efficient manner. At the end of the day that's always better than paying custodian fees and missing out on great investment opportunities.

I wish I could've given you better news, but on the bright side at least you know what you're up against in California. If you have any questions feel free to ask me in the comment section, It'd be my pleasure to assist you.

Learn more about the exclusive benefits of having a self directed IRA.