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Kevin Taylor

The Rules of Self-Directed IRAs

At InSight, our clients know that when you understand the rules you make better decisions. Our InSight-Full® plan is about marrying the goals that you have with the right Rules of Self-Directed IRAs and the right strategy. We cannot stress enough the importance of knowing the rules and how to avoid problems both now and in the future. By Kevin T. Taylor AIF® and Peter Locke CFP® The first rule is when you open a self-directed IRA you’re not the owner. The tax code requires the assets in a Self-Directed IRA (SDIRA) and its owner remain separate and not used in a way that one indirectly enriches the other (beyond permitted rules). When you think about investing into something using your IRA think of it as solely an investment and not for personal use.  The IRA owner and anyone else responsible for the account is prohibited from commingling their vested interests of the SDIRA with its owner or any “disqualified persons” which includes: The fiduciary of the account including the SDIRA owner Family member (ancestor, spouse, lineal descendant, or spouse of a lineal descendant Corporation, partnership, trust, or estate where 50% or more of the shares/profits/beneficial interests are owned by any of the above Officer, director, or 10% or more shareholder or partner of an entity above If someone is a disqualified person, they’re prohibited from directly or indirectly transacting between the SDIRA and the disqualified person in the following manners: Transfer, use, or benefit of the assets Lending or extending credit (both ways) Sale, lease, or exchange of property Furnishing of goods, services, or facilities Dealing assets for your own benefit as the fiduciary Personally receiving consideration as a fiduciary from a third party that engaged in a transaction with the IRA This means that if any of these transactions listed above with any disqualified person occur even if done at fair market value, will be subject to severe consequences. The standard penalty is 15% of the amount involved in the transaction which is imposed on any disqualified person engaged in the transaction. Furthermore, if it’s not resolved by the end of the year in which the violation occurred, the penalty is increased to 100% of the transaction amount. And to top it off, the entire account loses its tax-deferred status and is treated as if the entire account was liquidated and distributed as of the current year. The majority of clients for asset protection purposes and clean book keeping manage their self-directed IRA inside of an LLC. Don’t have your IRA own the property, have your IRA own an LLC that has a bank account that you’re the manager of.  Then the LLC is the owner on the contract. This like any other rental property gives you the ability to have limited liability in the event someone comes after your assets. These are investment assets not personal assets, this is definitely a breach of rules of self-directed IRAs. You cannot live there, your parents, kids, or grandparents cannot live there. You cannot sell your own property or buy a piece of property from yourself using the IRA. Don’t take a salary or commission (prohibitive transaction).  Any repairs or maintenance must be done by a third party. The reason is if you were to work on it on your own then you’re self serving and this could be viewed as a contribution to the IRA which is prohibited. Also, if you own a property management company and are a 50%+ owner, your company cannot do work on the property. The easiest thing you can do is separate yourself completely from the investment and let third parties do the work. If you follow through with the purchase, keep all accounting separate. You don’t want to accidentally make a mistake and disqualify yourself by accidentally mixing personal use assets with your Self-Directed IRA. For example, if you think you can use a credit card to pay for the repair of something you cannot. All expenses come out of the IRA not your bank account. Another prohibited transaction in this type of account is transacting with prohibited parties or disqualified persons such as kids, parents, spouse, grandparents, spouses of your kids and yourself. Although, siblings are allowed.  The rule specifies disqualified persons as ancestors. Keep your Self-Directed IRA separate from your business where you’re a 50% or more owner. In this case, your IRA is a prohibited party and therefore you cannot loan to an LLC that is associated with your business. If you’re not putting down the full amount to buy in this case a rental property, you’ll need to get a non-recourse loan. This means the bank will charge a higher interest rate but if you default then they will only take the property. Having a non-recourse loan in an IRA means you will be subject to unrelated debt taxable income (UDTI). UDTI is generated when you finance the purchase of property in an SDIRA. Unrelated Debt Financed Income (UDFI) and Unrelated Business Taxable Income both trigger UBIT (Unrelated Business Income Tax). To even the playing field for everyone (because using leverage in an IRA and collecting income is way to get huge contributions into your IRA which isn’t fair to non-exempt persons) the IRS made it so tax-exempt entities you must pay income tax on the income they realize from the UDFI that year at the Estate Tax level which is much higher than ordinary income levels. Lastly, invest in what you know. Don’t take unnecessary risk by breaking one of the Rules of Self-Directed IRAs, and don’t invest in your friend’s start-up that you know nothing about. If you know rentals buy rentals, if you know commercial real estate buy commercial real estate. Just like anything we do here at InSight, have the right people, process, and policies set up to hold yourself accountable so you make more informed investments.

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Articles
Kevin Taylor

Tax Mitigation Playbook: How much money do you have to reinvest?

In order to defer ALL capital gains and depreciation recapture taxes from the sale of the Relinquished Property the taxpayer must pay an equal or higher price for the Replacement Property than the Relinquished Property was sold. Should any debt or amount not be reinvested this portion, called boot, would be taxable. The “Boot” is any non-like-kind property or property(ies) that do not qualify, which could include cash, notes, partnership interests, securities, inventory, or property held primarily for sale not investment, etc. Boot is categorized into two types: cash boot, which is cash received, and mortgage boot, which is any reduction in loan or debt on the exchange. Any boot received during a 1031 exchange is subject to taxation as either depreciation recapture or capital gain. It is important to note that any credits on the settlement statement directly paid out to the taxpayer may also result in boot and a taxable event. If certain situations are not handled properly in the construction and administration of the 1031 exchange it can result in credits on the settlement statement. Here are a couple of common situations: If earnest money is paid out of pocket by the taxpayer then it will be credited on the settlement statement. To avoid this, the earnest money should be paid by the qualified intermediary out of the exchange funds whenever possible. If the settlement statement shows credits for property taxes, security deposit(s), or rent prorations those would be taxable. Instead, the taxpayer should consider asking the seller to pay these items outside of the closing. In summary, to avoid a taxable event in its entirety the taxpayer must reinvest equal to or greater than the value of the sale of the Relinquished Property. However, the taxpayer may take cash out, creating boot, but they will have to pay the associated taxes. The Complete Playbook

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Kevin Taylor

The U.S. Energy Transition: Why Hydrogen and Nuclear Power Are Leading the Charge

The demand for electric energy in the U.S. has been largely flat since the 1980s but as we now grapple with skyrocketing electricity needs driven by artificial intelligence (AI), data storage, and renewable energy integration, the nation’s energy landscape is undergoing a seismic shift. This transformation is not merely a response to increasing demand but also a concerted effort to reduce carbon emissions, ensure energy reliability, and stabilize costs in a rapidly evolving market. Utilities and tech companies alike are turning to cleaner and more sustainable energy sources, and hydrogen and nuclear power are emerging as pivotal players in this transition, answering the pressing question: “Where will the power come from?” The convergence of several trends is pushing electricity consumption to unprecedented levels. AI applications and machine learning models demand massive computing power, resulting in energy-intensive data centers. These centers, the backbone of a digitized economy, already account for significant global electricity usage and are poised to consume even more as AI adoption accelerates. Simultaneously, the widespread adoption of renewable energy, such as wind and solar, introduces variability into the grid, requiring reliable, on-demand power to balance supply. Moreover, the electrification of transportation and the increasing integration of battery storage solutions further stress existing grid systems. Hydrogen: A Non-Grid Energy Solution Hydrogen is quickly becoming a key player in the clean energy transition due to its versatility and scalability. It can serve as a fuel for transportation, a storage medium for excess renewable energy, and a direct source of electricity through fuel cells. With the introduction of the Section 45V Clean Hydrogen Production Tax Credit under the Inflation Reduction Act, the U.S. government has set clear incentives for hydrogen producers to meet stringent greenhouse gas (GHG) emission standards, encouraging investment in low-carbon hydrogen production. Tech giants like Amazon Web Services (AWS) and Microsoft have already recognized hydrogen’s potential, exploring its use in data centers and as a clean backup power source. Hydrogen’s ability to integrate with existing infrastructure and complement renewable energy systems makes it an attractive option for decarbonizing industries beyond electricity generation. Nuclear Power: A Reliable, Scalable, and Clean Grid Solution Nuclear power, which currently provides nearly 20% of the U.S. electricity supply and more than half of its carbon-free electricity, is experiencing a renaissance. Advanced nuclear reactors, such as the Natrium reactor and small modular reactors (SMRs), offer significant advantages over traditional designs, including greater safety, lower costs, and increased flexibility. These reactors can operate continuously, providing a steady base load of power, or scale output to match demand, making them ideal for grid stabilization alongside renewables. Moreover, the newly operational Vogtle Units 3 and 4 in Georgia symbolize a renewed commitment to nuclear energy, despite decades of stalled development. The Inflation Reduction Act and state-level initiatives like zero-emission credits (ZECs) are further ensuring that existing plants remain viable and that new projects attract investment. The Intersection of Technology and Energy Tech companies, driven by sustainability goals and the operational demands of AI and cloud computing, are becoming significant players in energy strategy. Companies like Microsoft and AWS are partnering with energy providers to secure long-term power purchase agreements (PPAs) for nuclear and hydrogen-based energy, showcasing how private sector innovation can accelerate the clean energy transition. The intersection of technology and energy is also reshaping public perception. Nuclear power, once seen as controversial, is gaining renewed acceptance as concerns about climate change grow. Similarly, the clean hydrogen economy is being heralded as a pathway to decarbonizing hard-to-abate sectors, including aviation, shipping, and heavy industry. Hydrogen and Nuclear rise to meet the Challenge While hydrogen and nuclear power are not without challenges—such as the need for investment in infrastructure, public acceptance, and regulatory hurdles—both are positioned to play central roles in the future energy mix. Hydrogen offers flexibility and storage solutions, while nuclear ensures reliability and base-load power, creating a complementary relationship that addresses the weaknesses of renewables. In the decade to come, these energy sources are not only answers to the question of “where will the power come from?” but also key drivers of a cleaner, more resilient energy system. Together, they represent the bridge between the energy demands of the present and the sustainable future we are striving for. The Role of Nuclear Power in U.S. Energy Nuclear power has been a cornerstone of U.S. energy generation for decades, accounting for 18% of total electricity output and over 55% of carbon-free energy in 2022. With the Inflation Reduction Act of 2022 offering incentives for advanced reactors and hydrogen production, the stage is set for a nuclear resurgence. Recent Developments Vogtle Units 3 and 4: These reactors came online in 2023 and 2024, marking the first new nuclear reactors in the U.S. in decades. Economic Viability: Nuclear generation costs have plummeted by 40% since 2012 due to advancements in fuel efficiency and operational costs. Advanced Reactors: Technologies like the Natrium reactor, combining liquid sodium cooling and molten salt storage, promise enhanced safety, flexibility, and cost efficiency. Addressing Challenges Despite these advancements, nuclear energy faces hurdles, including competition from natural gas and subsidized renewables. However, the stability and reliability of nuclear power make it indispensable for achieving a low-carbon future. Hydrogen: The Clean Fuel Revolution Hydrogen is rapidly gaining traction as a clean energy alternative, capable of decarbonizing sectors that are difficult to electrify, such as heavy industry and transportation. The U.S. Department of Energy’s Regional Clean Hydrogen Hubs program and the Section 45V tax credit are pivotal in accelerating hydrogen adoption. Key Drivers Green Hydrogen: Produced through electrolysis using renewable or nuclear energy, green hydrogen represents a zero-emission solution. Infrastructure Growth: Investment in hydrogen production, storage, and distribution is scaling rapidly, bolstered by federal support and private partnerships. Synergies with Nuclear: Nuclear power plants are uniquely positioned to produce hydrogen through high-temperature electrolysis, enhancing their economic viability. Why Tech Companies are Joining the Transition Tech giants like Microsoft and AWS are committing to nuclear power to meet their data centers’ growing energy demands. For instance: Microsoft

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