Joplin Area Real Estate Investor Association

In our final blog on self-direction, we’re going to cover taxation your retirement account might be subject to. Many people are surprised to hear that if they self-direct the account in real estate that it will have to pay a tax. But it’s true! This is because the types of investments your account makes with a broker (stocks and bond, etc.) would not have to ever pay taxes on the income. But in real estate, you can make money in other ways that ARE taxed.

And if you are subject to this tax, then your retirement account must pay that tax in the year, or years, that it incurs the tax. And this means, the account itself, NOT YOU, pays the tax. And if don’t have enough funds in the account (because it’s invested elsewhere), you may have trouble paying it.

There are two types of taxes that you might face. For simplicity we’ll just call them the “business tax” and the “leverage tax.” Both are really part of what is called the unrelated business income tax (UBIT).

The business tax applies to any business your retirement account engages in. Remember that if you invest in stocks, your IRA is not “engaged” in the business; it just “owns” part of a business. If you want to do flips with your IRA and if it’s “regularly and consistently” engaged in doi
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This blog is going to cover some tips to make being a landlord a great experience. Owning rental properties means dealing with tenants. Many investors either don’t like or don’t want to deal with tenant and property issues, so they will hire a professional property management company. But if you decide to self-manage, here are some things you should understand.

First, remember asset protection. Title to your rental should be held in a well-designed, protective LLC. Not all LLCs are created the same! What you get online is not sufficient. It should be created by a competent asset protection attorney. This will protect you and your personal assets from tenant slip-and-fall lawsuits.

Second, have really good lease agreements. There are numerous free forms available. So I would recommend getting at least 3 or 4 options and read through them. See what clauses are in them and which are important to you. If you need to amend or revise one, you should work with an attorney to draft it as you may accidently do something that might hurt you.

Third, make sure you have the appropriate liability insurance. This is the one you get from your insurance agent and not t
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Now that you have a basis of understanding for seller-financed transactions, the next step is to really understand the deal and learn what issues and complications might arise.

The first and most obvious is the due on sale clause when there’s an underlying mortgage. The key here is to reduce the red flags to the bank. Most banks, especially the big ones, do not routinely check title to see if the borrower has sold the home. They only check if there’s a reason to. You want to limit your conversations with the bank, try to do everything online, do not modify the underlying insurance as the bank will be alerted to that, and be careful about how you make payments. I could spend a lot of time on this as there are numerous ways to accomplish this.

Another issue that does come up (I’ve seen it many times) is when the seller misunderstood the transaction and then wants the mortgage paid off. This might be due to faulty (or lack of) communication by the investor, forgetfulness, or they just want it removed. They may even get a lawyer who doesn’t understand subject-to and claims that it is illegal to leave someone’s mortgage in place with the house is sold. Having really good documents and disclosures goes a long way in protecting yourself.

Then there are issues with the sellers. What happens if the seller dies? What happens if they file for a
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