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Policy Compliant Retirement Plan Real Estate Financing Structures (ACPCRP18)

 
Date:Saturday, December 30, 2017
Time:9:00 AM - 12:00PM
(Registration at 8:30 AM)
Facility:Webcast or Webinar, Online
CPE Credit:3.0 Technical Business
Instructor: David R. Jenkins
Vendor:ACPEN
Course Level:Intermediate
Early Bird Price:$99.00 FICPA Members, $129.00 Non-Members

Description:

 

The self-directed IRA (SDIRA) market, alone, accounts for approximately $370 billion in assets under custodianship. It is estimated 80+% of SDIRA assets are invested in real estate. With IRS reporting changes and Tax Court victories over the past few years, that means the agency’s nationwide audit campaign to correct unreported compliance abuses could involve as much as $300+ billion in unreported income taxes, prohibited transaction excise taxes, penalties, and interest. This webcast explains how to avoid that foreseeable noose by structuring policy compliant retirement plan real estate financing structures, including financing arrangements with recourse to account holders.

 

Syllabus

Lesson 1.

Introduction

Lesson 2.

Section 4975 Impounded Risk Diversification

Lesson 3.

Problematic Self-Directed Retirement Plan Investment Structures

Lesson 4

Resolving Problematic Structures as Policy Compliant

Lesson 5.

             Policy Compliant Retirement Plan Real Estate Financing Structures

Lesson 6.   

Conclusion



Objectives:

  • Recognize how to correctly distinguish Section 4975 impounded management risk diversification policy compliance apart from policy noncompliance  

  • Recognize properly invoked plan asset rule exceptions correctly create a Section 4975 impounded investment risk diversification policy compliant conclusive presumption  

  • Recognize Section 4975 impounded management risk diversification policy noncompliance correctly condemns benefits inuring disqualified persons as generally proscribed Section 4975(c)(1)(D), (E), or (F) prohibited transactions

  • Recognize Section 4975 impounded management risk diversification policy compliance and the failure to properly invoke a plan asset rule correctly condemns specifically proscribed benefits inuring disqualified persons as Section 4975(c)(1)(A), (B), or (C) prohibited transactions  

  • Recognize Section 4975 impounded management risk diversification policy compliance and a properly invoked plan asset rule exception correctly creates a Prohibited Transaction Chinese Wall between the plan’s investment interest and the investee entity’s underlying assets  

  • Recognize a Prohibited Transaction Chinese Wall correctly denies ascribing a retirement plan investee entity’s underlying assets as plan assets  

  • Recognize a Prohibited Transaction Chinese Wall correctly transitions disqualified person benefits (like furnishing non-administrative services, selling or leasing property, and financing arrangements involving plan assets) from a prohibited transaction into incidental benefits



    Major Topics:

  • Section 4975 impounded management and investment risk diversification  

  • The 29 CFR Section 2510.3-101 plan asset rule and plan asset rule exceptions  

  • Distinctions between generally proscribed Section 4975(c)(1)(D), (E), or (F) prohibited transactions and specifically proscribed Section 4975(c)(1)(A), (B), or (C) prohibited transactions  

  • Checkbook LLCs  

  • Direct Operating Company Structures  

  • Indirect Operating Company Structures  

  • De Minimis Interest exception structures  

  • Prohibited Transaction Chinese Walls  

  • When furnishing account holder non-administrative services to a retirement plan investee entity are an incidental benefit and not a prohibited transaction  

  • When account holder personal guaranties of self-directed retirement plan investee entity real estate financing arrangements are an incidental benefit and not a prohibited transaction



    Who Should Attend:
    *CPAs *Attorneys *Enrolled Agents *Enrolled Retirement Plan Agents *Self-directed Retirement Plan Fiduciaries, Custodians, and Administrators *Self-directed Retirement Plan Account Holders *Tax Return Preparers

    Prerequisite:
    This webcast is an intermediate continuing education webcast. It is assumed the webcast participant has achieved the following related webcasts in advance of this webcast: Retirement Plan Management and Investment Risk, Diversification Standards Management and Investment Risk Diversification Indices, Prohibited Transaction Chinese Walls, Problematic Self-Directed Retirement Plan Activities, Changing ERISA's Disqualified Person Criterion, Got Your Assets Covered, Resolving the Passive Custodian Paradox

    Advanced Preparation:
    None

    Session/Options

    If listed below, select the appropriate sessions or options to continue with your purchase.

    Registration Status: CLOSED - Online registration for this course is now closed. Please contact the Member Service Center at (800) 342-3197 if you wish to inquire about registering.