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How to Buy Your First Rental Property in an IRA | Mark J Kohler | CPA | Attorney - YouTube
Channel: Mark J Kohler
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Hi mark Kohler here with another tax and
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legal tip let's talk about how to buy
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your first rental property inside your
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IRA I know this is exciting to many of
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you that maybe just searching here on
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YouTube enough you know falling on my
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channel
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others of you that have been following
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me for years you may know where I'm
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going with this and this is just a
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review but bottom line is buying real
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estate in your IRA as possible
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people have been doing it for years and
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it's an extremely powerful tool and
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don't let anybody tell you well because
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you don't get the tax benefits of it you
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should just buy real estate in your own
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name and definitely not put real estate
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in your IRA I completely disagree when
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you're deciding what you should put in
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your IRA the question should be what is
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it what can I put in there to get the
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best rate of return the best rate of
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return and you should have a balanced I
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want you to put money in real estate
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investments in your own name as well as
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inside your IRA or 401k your separate
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simple but when someone says oh real
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estate should never be in an IRA let's
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talk let's argue about because i think
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that real estate is provides a wonderful
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rate of return and it should be inside
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some level or degree inside your IRAs
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and 401ks and tax preferred vehicles
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there's nothing wrong with that look at
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the net rate of return
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so with that stated let's go through
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some quick steps of how to get your
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first rental property in your IRA number
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one you've got to get IRA money to a
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self-directed custodian now in the Wall
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Street world you would call this a
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stockbroker or a brokerage account but
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in the IRA world we call it a custodian
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now the 401k conversation that's one for
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another video or another day let's just
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talk about IRS for a minute now you may
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have an old 401k that got rolled out to
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an IRA
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well let's take that IRA and put it into
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a custodians account i know you may put
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new money in an IRA but it may not
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enough to go out and buy a piece of real
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estate but if you have old IRA money and
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old 401k money
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step one is let's get that money to a
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self-directed custodian and we work with
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custodians all over the country we can
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give you a list of some great ones to
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interview or look at their website and
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find the custodian that fits your style
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but these custodians are just going to
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hold the money until you calm on day two
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and say I'm ready to invest so get that
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money to a custodian step one step two
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we need to decide what we're going to
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buy because it's going to dictate what
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type of vehicle we're going to use so
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let me repeat that make a decision on
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what the investment within the real
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estate industry is going to be I mean it
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could be a single-family home it could
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be a mobile home it could be a
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commercial building a building it could
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even be the process of doing some
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rehabbing or fix and flips it could be
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wholesaling I don't know and that's
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gonna really dictate what type of
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structure you're going to invest it
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don't think that it's all i'm just going
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to use a trust or use an LLC and I'm
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done and home be careful number to
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decide what type of real estate you're
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going to be embarking on and be clear
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about that
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I don't be Harry Carey be quite clear on
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that investment strategy because it's
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going to dictate the next structure
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number three
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of course this video's about rental
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property and assuming you're going to
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buy a rental property so what we need to
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do is step in step 3 is set up an LLC
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now this is going to be an LLC limited
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liability company set up in the state
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where you're going to buy real estate
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not in Nevada not in Wyoming New Mexico
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or Alaska some sexy sales pitch that
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you're going to get from some non law
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firm or heaven forbid you go to legal to
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even try to make this happen and
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custodians are going to go for that this
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has to be a well-crafted limited
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liability company operating agreement
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that has ERISA and IRS provisions and
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you should pay more than 1,500 bucks to
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get an LLC to hold real estate owned by
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your IRA CA IRA is going to hold the LLC
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and the LLC is going to hold the real
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estate and so you want to be
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working with a company that can help
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guide you through the process i'll offer
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because this is really over
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we've been doing this for over 15 years
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helping clients setup llc's to own real
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estate we could do it as affordably as a
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hundred bucks filing fear may be a
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registered agent fee but eight hundred
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dollars is the core feet to get a single
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member LLC set up now
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shop around this is an infomercial but
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it's to let you know that a real law
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firm helping clients nationwide can be
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affordable
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now this LLC again is going to be in the
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state where you're going to own that
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real estate that's point number one now
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you might register a foreign back in
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your own state if you're in California
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that's a typical problem because
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California's going to want your register
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in their state even if it's in it a
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George LLC with Georgia property you
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have to register for in California and
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pay their darn eight-hundred-dollar
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minimum tax which sucks i know but the
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LA but the LLC is critical to hold the
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real estate hold the checkbook to buy
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that rental property next I want to talk
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about the acquisition of the real estate
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in the management LLC for a moment now
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that this is an important step in
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managing LLC that we talk about what
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those limitations are now this of course
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could be a much longer video and my
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partner Matt Sorenson has written an
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incredible book called the self-directed
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IRA handbook
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this is a chapter in my newest book the
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tax illegal playbook and we've got all
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sorts of videos on our website and
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support and when you set up an LLC with
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our law firm we go through all the
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details and it's included in the set up
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and you talk to a real lawyer now with
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all that said again let's hit a couple
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highlights and that is this LLC which is
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going to have a checkbook you could be
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the manager of that LLC you can be the
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cider of that checkbook
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that's ok if your custodian says you
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can't you've got the wrong stony that's
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their rule that's not the IRS or risks
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rule and we've been studying this and
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doing llc's for over 15 years helping
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clients do this we are experts in this
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and we stand behind our LLC's and if you
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get on and there's a penalty we pay
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that's why we care about practice
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insurance so we notice custodians have
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their own internal guidelines the law
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firm is representing you to design your
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LS
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seat so you can manage that LLC you can
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buy real estate you can control the
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checkbook but you cannot provide sweat
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equity you can't go out there work on
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the rental property you need to have a
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third-party manage the room rental real
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estate you also have to use a realtor
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can't be yourself
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so you've got to be cautious on the
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acquisition and we guide you through
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those rules but you can manage that LLC
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so once you've got your LLC funded
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you're out there you got the checkbook
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you would write an offer to go buy a
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piece of real estate and start to go
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through the closing process now you
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cannot cosign on the loan or use your
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credit to get that loan you have to use
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a non-recourse loan but it's can be
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exciting and you don't have to buy real
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estate for cash you can pool your money
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with other people and and to leverage
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your money in a sense with other
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partners or you can get a non-recourse
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loan banks will loan you money usually
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about sixty cents on the dollar when you
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put forty percent down and keep it some
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sort of reserved very common so it can
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be exciting
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that's that step in the process of
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managing the LLC now finally let's talk
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about annual maintenance and again
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except previously this is a big topic
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and I'm just trying to get the
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highlights but once you have this LLC
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set up in your buying real estate you
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may need to file a tax return annually
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there's taxes that could occur called
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unrelated debt-financed income and if
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you're flipping properties not Reynolds
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but I want to throw it out there there's
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this you BTW i tax or unrelated business
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income tax or taxable income you're
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going to want to learn about these
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things this is why you're going to get
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some additional study and consultation
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and books to help you through the
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process and we'll be there as well as
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your attorney but it can be very
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low-maintenance maybe a tech annual tax
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return an annual evaluation to give your
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custodian but you shouldn't have to
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stress about the process people have
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been doing this for over 30 years
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it's very common and it's certainly
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legal so for someone said you can't do
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it it's not that you can't do it its
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maybe that they can't do it because
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they're your stockbroker or their
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custodian rules don't allow for it but
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get a law firm behind you if it's not a
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law firm that's when get someone else
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to write you a comfort letter and give
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you guidelines so they can stand behind
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and help you set this up and then
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maintain it for many years to come
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bottom line get out there invest with
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your ira investing what you know best
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and i think having rental property in
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your own name and your own LLC is owned
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by your trust and having rental property
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in your IRA and the owners LLC's and
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you're out there getting a better rate
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of return in your IRA I think it's
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fantastic have both buckets going
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don't be afraid of rental property
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inside your IRA you can do it
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give us a call with up to help thanks
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for watching and if you found that
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helpful powerful interesting exciting i
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did i've got so much more to share with
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you i have a whole video series on how
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to start small business eight steps
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almost 40 videos 99 bucks simple easy
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you can start watching it right now and
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get the steps going to get your business
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off the ground and every time I shoot a
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new video you get a copy of it it's all
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included in your membership site for
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lifetime access i guess my lifetime
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anyway you're going to love it
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check it out also I want to challenge
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you to subscribe to my youtube channel i
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shoot videos every week got a blog and
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social media tips and a newsletter every
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week so much there and you can check it
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all out at my youtube channel so please
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subscribe and i hope to see on the
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backside
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