InSight

How To: Get Tax Free Rental Income 

Financial Planning Dentist

Let’s paint a picture of what that world might look like if you could successfully put a rental property into a Roth account. With a Roth, growth in the value of the assets is tax free and the income that comes from your rental is tax free. You may have heard of people buying real estate in self-directed IRAs, and while the income and growth is tax deferred, when withdrawn, creates ordinary income. So, imagine if you could get all that growth tax free in a home in Colorado, while also receiving tax free income after the age of 59.5 every month. Seems like a win win to us and our clients love it. 

There are four major benefits to this strategy. First, implementing this strategy can lower your effective tax rate by reducing the withdrawal rates from your tax deferred accounts. Since the first dollars you get in retirement can be from your Roth distributions, this will lower your effective tax rate on other incomes like capital gains on taxable assets, distributions from Traditional IRAs, tax deferred annuities, Pensions, 403(b)s, or 401(k).

The second additional effect of this strategy is that Roth’s don’t require that you take a Required Minimum Distribution. So there is no need to liquidate the asset at any point during retirement unless you want to. It’s a near permanent way to get rental income throughout the duration of your retirement. 

The third less used benefit, is that some income from the property can also be used to buy other income generating assets to help diversify the stream of income and supply you with less income risk in your non-working years. 

The fourth benefit is when you pass the assets onto your heirs.  With the Tax Cuts and Jobs Act, inherited IRAs lost a key feature which previously enabled beneficiaries to prolong taking distributions from inherited IRAs over their own life expectancy or the life expectancy of the deceased, and requiring them to take it out over 10 years. This forces beneficiaries that may have an unfavorable tax situation into an even more unfavorable tax liability as they’re forced to take on ordinary income from these accounts. However, with Roth accounts, although there are Required Minimum Distributions for inheriting a Roth, the distributions are tax free which is a huge benefit to the beneficiaries. There are some exceptions to this rule but generally speaking, inheriting Roth Accounts for most people is better than inheriting IRAs. 

We think this is a near permanent endowment of tax free income, with the ability to rise with inflation, through the entirety of your retirement. I have a perfect storm of desired qualities for most investors.

There are however, a few challenges to accomplishing this task, and it depends on the amount of money available in your Roth currently. Because of income and contribution limits to Roth’s most people will not amass the required liquidity in their Roth to be able to make the down payment on a piece of real estate, fewer still will have the assets to be able to buy the property outright. 

There are four techniques that we employ this strategy which you should become familiar with. 

  • Backdoor Roth Contributions, or a Mega Backdoor Roth
  • Self Directed Roth’s
  • Asset Lending in Self Directed Roth’s
  • Non traded REIT’s

Backdoor Roth Contributions, or a Mega Backdoor Roth jumpstart Tax Free Rental Income 

Getting the requisite assets into a Roth can be a bit of a trick. The income limits keep most affluent earners from being able to contribute at all. Even if your income makes you eligible for such a contribution, the annual limit of $6,000 for those younger than 50, means saving and investing for a lifetime into your Roth would scarcely get to an amount meaningful enough to make a down payment or to buy a meaningful property outright (depending on your local market).

So getting the investment assets into the account becomes job one. A few ways to jump start this process is to convert assets from your IRA. Generally investors have far more money in Traditional IRA’s and 401k’s then they do in their Roth. Now a quick off ramp to the “tax free rental income” plan would be simply tax deferred rental income by using the assets in the qualified accounts. But for those who want the full boar strategy they need to get ambitious about getting money into you Roth. 

We discuss details of the Backdoor Roth Contributions at length here, and the Mega Backdoor Roth here. Both of these methods can provide ample accelerant to getting money out of the qualified account and into the Roth account expeditiously. 

There is also a simple conversion of assets for those who are willing to pay taxes currently, to avoid them in the long run. You should work with your CFP® professional or CPA to determine if this tax strategy is the right fit for you. 

Self Directed Roth’s are key to Tax Free Rental Income 

Most investors are familiar with IRA’s and Roth’s and many are familiar with Self directed accounts (SDIRA). You can see the definition here if you are not yet familiar with SDRIA’s and Roths. We use these specialty account types to properly custodian the assets and make sure they stay compliant for use as an essential part of the “tax free rental income” strategy.

These account types delimit the investment types that can be held and make owning a single real estate property (as opposed to traded REIT’s) possible. They provide the right type of tax treatment for assets we like to use. There are however, several compliance and custodian issues that you should be aware of to prevent the asset from being declassified as either an IRA or Roth asset. Oversight of these rules and administration of the accounts is something best overseen by a CFP® professional who understands your situation and can help you stay compliant at all times. 

Asset Borrowing in Self Directed Roth’s

There are several things you should know about when it comes to borrowing in a self-directed IRA, or any IRA for that matter. You can familiarize yourself with those elements here, but you should definitely consult a CFP® Professional to make sure that it makes sense for you.

Borrowing in your SDIRA, just like a mortgage, can help shortcut the gap to owning a property by allowing you to use your assets as the down payment and borrow the rest. The use of leverage can be a positive in terms of asset growth, or negative if borrowing rates are too high or rental income is too low. You should have a CFP® professional and a property management company review these conditions in coordination to make sure the investment is sound.

Non traded REIT’s

Using a non traded REIT’s can have advantages and disadvantages for real estate investors. You should be familiar with them and their liquidity restrictions before you use them. Some of the upsides are that the cost for entry into these REIT’s can be lower than owning the entirety of the rental property by yourself, allowing you to own an income stake in several different properties for the same amount of capital. This strategy allows you to lower the overall risk, but also limits a degree of control over the asset and less liquidity. This can be a fantastic compromise for the investor who wants the “tax free income strategy” but not the daily rigor involved with managing a property.

Owning a stake in a non traded REIT can also be a more diversified approach to several different classes and types of real estate that may provide different types of income and a more steady cash flow. You should be familiar with the REIT’s management, track record, and financial solvency before participating in a non traded REIT. 

Conclusion

Getting to a place where you’re collecting tax free rental income might seem like a journey, but the outcome is an incredibly valuable way to make sure you’re generating a steady and increasing income into and through retirement. There is not a more desired outcome for most investors than stable flow of tax free rental income and the potential for tax free capital appreciation from a single strategy. Working with your CFP® professional and investment advisors to make sure this is the right outcome for your plan, and confirming the investments stay compliant is a small price to pay for such a robust answer to the question of income in retirement.

More related articles:

Articles
Kevin Taylor

Can I run a canna-business in an Opportunity Zone?

Like many things in life, the answer here is “it’s complicated” and it’s going to depend heavily on the type of business you intend to operate. Let’s start with the good news as we unfold this potential boon to marijuana investors and store operators.  It was left out of the law in 2017 While traditional ‘sin’  businesses were left included in the list of banned practices inside of opportunity zones, the recent ecosystem of cannabis-based businesses was left out. Some camps argue that because marijuana is still federally illegal, banning the business in the federal tax code would be redundant. Other camps have argued that leaving out the fledgling marijuana business is not an accident. I leave the interpretation and enforcements back in the hand of individual states which are currently choosing their course across the country. Additionally, if the law intended to expressly prohibit these practices it would have been easy to include clear language in their prohibition along with the other “sin” businesses. Its absence, then we feel, puts the interpretation and execution on the part of the states along with their maps and other eligibility determinations the states created. It fits with the goals of the Opportunity Zone scheme It’s hard to deny that the economic development that has accompanied legalization for both recreational and medicinal has been impressive. Cities have seen otherwise defunct warehouses, factories, and industrial storage facilities gain new life in the wake of legalization. Cultivation facilities, infrastructure vendors, fertilizer and chemical businesses, and retail outlets have all sprouted up in places that cities and states have written off as low-economic zones. This organic economic activity marries very well with the state objectives of the Opportunity Zone programs.  The business would still be heavily regulated and approved Given the regulatory environment surrounding the cannabis industry, both the business licenses and the location would be apparent to the state. I think it would be hard to argue that if the business operated with the approval and regulatory oversight regime set up by the state that could somehow void it from participation in the OZ. Everything would be above board with the state  The opportunity set is encouraging Because the industry is becoming far more than just the dispensary, this industry is wrapping its tendrils into several infrastructure needs that are required to make the supply chain work. Many of these businesses operate outside the traditional retail environment that draws so much eyre from municipalities and federal agencies. While the cannabis storefronts are the most visible component of the ecosystem, the most critical is cultivation and storage. These businesses look more like traditional chemical and agricultural supply companies and indoor growth facilities. It’s these businesses that might be able to transcend the negative attention typically associated with marijuana and still be a high profit, high impact role in the industry. Seemingly combining the core infrastructure needs, and the potential tax advantages of an OZ, and avoiding the regulatory and political concerns. This has led investors to believe that supply chain and cultivation operations might be the “safer bet” in this space and that retail might be too similar in operations to liquor stores which are prohibited. The Former Treasury Secretary said an unofficial “no” Treasury Secretary Steven Mnuchin advised in May 2019 that funds that operate in a Qualified Opportunity Zone “should not be used to invest in cannabis” but followed up with no formal direction from the treasury. Similarly, we are left to interpret the opinions of the new Treasury Secretary Yellen who has yet to officially comment on this program. It is my opinion that with bigger “fish to fry” in the wake of the pandemic the treasury will not be looking for more ways to shut down business formation, much less in areas that require the economic development encouraged by the OZ scheme.   Bottom line, we feel that if the regulatory environment is followed effectively, and that there are no policy changes from the IRS or Treasury that the development of cannabis businesses will thrive in this tax environment. But as always, investments that push through the crevices should only be approached by those with the risk appetite for both regulatory, legal, and market-based risks.  

Read More »
1031 Exchange Alternative
Articles
Peter Locke

An Alternative or Back-up for the 1031 Exchange

The Delaware Statutory Trust (DST) is a trust that is structured as a pass-through entity and can hold passive Real Estate. It can function as a 1031 Exchange Alternative. All of the debt is nonrecourse and the income, net of expenses, is distributed to the investor.  What are the advantages?   1031 Exchange compatibility Passive investment with no management responsibility Estate planning tool – pass DST on to your heirs, tax deferred Who benefits from them? Investors no longer wanting to manage real estate Retiring real estate investors Backup/ alternative option for 1031 exchanges Investors looking to diversify into properties typically unavailable to them A Delaware Statutory Trust is a legal entity used to arrange for the co-ownership of property. DST’s are a great vehicle when constructing real estate offerings as co-owners are entitled to profits earned from the property, like rent, without the management responsibilities. For many it can be a 1031 Exchange Alternative. So why do people use DST’s? Let’s say you have an investment property that you’ve held for a long time and because you’ve depreciated the property for a number of years your basis is very low and the property has grown considerably simultaneously. Well you’d have a large capital gain on your hands if you sell it. You could do a 1031 exchange (1031 Exchange)  but that means getting another investment property, following a number of rules, and doing it in a short amount of time. Although very doable, looking at a more passive strategy may benefit you.  If you want your capital to be invested from your home without losing a majority of it to capital gain taxes and are accustomed to cash flow from your rentals then deferring your gains and reinvesting your capital into like-kids real estate can be done through a 1031 exchange. You may also decide to hire a third party management company to take the day-to-day responsibilities away as well which although cuts into your income, saves you from the downside of being a landlord. If you’re the one being a landlord, want to expand your investment portfolio, and want cash flow then the DST is the best of both worlds alternative where you don’t have to choose between paying taxes now or being a landlord. With the DST, you get passive income, capital grows free of capital gains tax, you avoid being a landlord, and you get diversification. Let’s walk through how you’d do this. First, you’d make use of the 1031 exchange by swapping the proceeds from your real estate sale of your investment property for interest in a DST. By doing this, you become co-owners/investors in a diversified portfolio of properties and pass the management responsibilities on to the sponsor who acts as the trustee for the DST. This satisfies your IRS responsibility of finding a “like kind” property and enabling you to defer capital gains.  DSTs provide you limited liability protection, regular (at least quarterly but often monthly) cash flow income, high-quality assets, and 1031-compatibility. Since with any trust there is a trustee (takes legal title for purposes of management) and a beneficiary (takes equitable title). DSTs are pass through entities, so as a beneficiary, this structure entitles you to a fractional share of income, appreciation, and tax benefits from the properties.  This structure is key for 1031 eligibility as the acquiring property must be “like kind” to your sold real estate and even though you don’t hold legal title, for tax purposes, you’re treated as owning that property. Since the DST is a separate legal entity, beneficiaries have limited liability and therefore any debts incurred by the DST won’t put the investors personal assets in harm’s way. It also protects personal assets from the liabilities of other owners and the DST itself.  DSTs are the only statutory trusts to be explicitly recognized by the IRS as legal entities that can facilitate a 1031 exchange.  What are the risks of DST’s? Macroeconomic risks Economic downturn can mean lower returns and income Liquidity risks Most DST’s have an investment period of 7 to 15 years Although you get cash distributions your principal is off limits during this time Management risks A bad sponsor may pick overvalued properties when compared to peers  A low yield while the investor is still collecting fees for management and organizing the investment Do your due diligence to check the sponsors history, background, and how similar deals have done in the past to see if projected return rates were met and problems due to bad management didn’t occur High vacancy rates and unforeseen costs hurt cash flow Financing Risk DSTs are managed differently but if the trustee uses high loan to value offerings there is a higher risk of foreclosure Fully amortized loans need to be paid by the end of the loan agreement so that could affect your cash distributions Eligibility The DST needs to be structured to facilitate your 1031 Exchange Alternative In conclusion, DST’s when done properly, are a great way of getting away from being a landlord or paying a large sum of capital gains taxes while simultaneously giving you the passive income, limited liability, 1031 compatibility, and high quality asset diversification. However, just because it does all these things doesn’t make it a great investment. They require proper due diligence to review the sponsors reports, loan documents, appraisals, underwriting data, etc prior to investing.

Read More »

Investment Bias: Confirmation

Confirmation bias is the natural human tendency to seek specific supportive sources, or overemphasize information confirming our decisions. People will often come to a conclusion, then seek information confirming the decision. Think about buying a car, once you bought the car your brain starts to highlight all the other similar cars on the road. Surely we are not conceited enough to think “there are more of this make and model because I bought the car” and yet your brain helps to draw it into our registry. It might seem backwards, but the seeking alpha and motley fools of the world know this and generate searches and lists confirming your already held conclusions. Confirmation bias can lead investors to be overconfident in an outcome, and as a result over allocate to a position and under hedge a risk. The investment consequences of this confirmation bias may also couple easily with some of the other biases we have discussed, most easily anchoring, endowment, and loss aversion. These “price point biases” are only entrenched when an investor seeks out other support for their price point. Here is a great example of this in action: Open a fresh google search and type in “is (insert company name) stock a”, and stop. Now look at the results, it will likely say “buy”, “good buy”, “good time to buy”, this is a feedback loop Google knows searchers want. Notice the lack of objectivity in the results? Our brains work similarly. We have a conclusion, then seek the supporting evidence to justify it. This overconfidence can result in a false sense that the decision is correct, and risk is not being properly rewarded. Which increases the likelihood of a misstep. A series of psychological experiments have confirmed that in our decision making process, we expel contrarian view points early and to the detriment of rational. We carry a tendency to test ideas in a one-sided way, focusing on one possibility and ignoring alternatives. Explanations for how our brain alters the observed includes wishful thinking and the limited human capacity to process a high volume of conflicting information. Another explanation, and one that might be more insidious, is that confirmation bias helps protect us (at least our ego) from the costs of being wrong.  Rather than investigating in a balanced, objective, and scientific way our brains protect us early from the possibility of having made a mistake through confirmation bias. This is an obvious investment bias. Being overly critical of criticism, and overweighting the value of consensus is not unique to investing. It happens with all of our strongly held beliefs. But investing carries the permanent impairment of wealth. I’ve even heard investors say, “this is why I get a diverse range of opinions, and use several brokers.” That doesn’t solve the bias however. It isn’t the range of options, or the volume of ideas you are evaluating. Recall that Google result was broad, and deep in its sourcing. But it’s the way the brain fabricates a positive or negative weighting as it processes that information that is the root of the bias.

Read More »

Pin It on Pinterest