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The SEP IRA as a Last Minute Tax Strategy | Mark J Kohler | Tax Tip cpa sales tax llc - YouTube
Channel: Mark J Kohler
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if you're watching this video then
you're looking for a last-minute tax
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strategy for your tax return and I know
your pain! I myself am always
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looking for the same and for our clients
around the country now I'm a CPA
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attorney an author an owner of a trust
company i speaker around the country and
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I help clients save taxes build their
wealth and protect it that's all we do
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and I want to share with you what I
think is good and bad about this SEP
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strategy and I want to explain it here
so let's dive into it and I think you're
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gonna love it
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all right first what is it what does
this Sepp stand for well it stands for
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simplified employee pension and it's for
business owners so spoiler alert if you
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don't have a side household a side gig
or a small business you're not gonna be
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able to take advantage of this but if
you have income in any sort of small
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business you can even be an uber driver
and have profit
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you could set up a set if it makes sense
for you so think of it that way
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it's a deduction much like a 401k or an
IRA off your tax return
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it grows tax-deferred and then someday
it comes out and if you wait long enough
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no penalty but you would pay tax when
you pull it out now you could convert it
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to a Roth down the road now some of you
you're already like swim and go what
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this is too much we'll hang with me hang
with me I want to make six points about
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how you can utilize the SEP if you're a
small business owner and how it could be
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a huge benefit to you on your tax return
and down the road building wealth first
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point the 401k is better ninety percent
of the time if not more and here's why
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because you can put away more money and
then a percentage of your profit or your
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salary and minimize your FICA which is
your self-employment tax
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Suda food if I K Social Security
Medicare you've heard of that well as a
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small business owner you want to keep
that low and put as much as you can into
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retirement and get it right off again
nine times out of ten the 401 K is going
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to outperform the SEP now I know there's
some employee rules and all sorts of
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little ways to compare that so I want to
encourage you down below I've got
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another video that compares this SEP to
the 401 K so we're gonna dive into the
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SEP but the first point is I'm gonna
really try to get you into a 401 K with
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proper proactive planning but if you
didn't have a 401 K you can still take
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advantage of the SEP and that's why
we're talking number two here's how it
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works and it's best I use the whiteboard
to explain two ways you might use this
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now for those of you they've watched
many of my videos I'd like to break
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things down into operations and assets
and over here you might have an LLC with
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some rental property or some investments
okay we cannot have a SEP or create one
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or contribute to a SEP
out of a passive income investment can't
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do it so I'm gonna put a set with a
little line through it there we go now
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over here there's going to be two
scenarios where you might use a set for
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those of you that are an LLC or a sole
proprietor there's a different rule than
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if you are an S corporation now if
you're an LLC taxed as an S Corp then
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you're an S Corp you're over here but
you've got to figure out where am I at
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first now we're going to talk about
employees in a minute so hang tight but
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when you contribute to a SEP over here
and let's say you're gonna have a
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hundred thousand dollars of profit with
a sole proprietor or an LLC that's just
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on a Schedule C charlie you can only put
away approximately 20% so you could take
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a twenty thousand dollar write off and
dump it into a set over here on your
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investment side you get a write-off for
twenty grand if you're in an S corp the
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beauty is we're gonna pay and I should
point this out you're gonna pay FICA on
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this entire hundred grand which is going
to be fifteen thousand dollars plus
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which is ugly but in an S corp if you
make the same hundred grand I might do a
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salary of 40 grand and a pass-through of
sixty and you can do 25 percent of 40
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grand okay so 25 percent means I can put
ten thousand dollars in my set and
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you're gonna go we'll mark this one's
better twenty is bigger than ten yeah
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but also look at this on the FICA we
didn't spend fifteen thousand dollars we
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only paid $6,000 in FICA in this example
and so this is where the Sepp gets
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really tricky because to get these
bigger dollar amounts you've got to pay
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a lot more in FICA over here we saved 12
grand but we only got ten thousand in
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our SEP over here I paid 15,000 well
sorry we paid ten thousand dollars or
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nine thousand dollars more in taxes to
get twenty thousand in deposits and you
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can see well does that make sense I'd
rather you put less in your Sepp get a
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write-off
the taxes so this would be 9 grand and
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savings and then put that in a back door
Roth IRA so you can still get some Roth
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contributions and subset contributions
that saved him taxes but if you're gonna
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do a set and you were a escort for last
year
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you haven't tell you filing this tax
return to decide how much you want to
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put in the SEP and so this is why it's
kind of a last-minute strategy because
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here let's use 2020 as an example I have
until September 15th
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to decide if I want to do this and make
the deposit but I get the write-off back
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in 2019 and it's the same rule here I
have until actually October 15th to
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decide if I want to do a SEP now why in
one last point here - you can put up in
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2020 up to fifty seven thousand dollars
into a set which is huge
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but look at how much FICA you'd have to
pay to get there there's a law of
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diminishing returns so I want to be
really targeted and efficient on how
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much I want to put in the set so what's
why is this not look great it's because
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you didn't do the 401k backed by
December 31st if I would have had time
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with my client back in December I would
have said let's do a 401k where I can do
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up to 19,000 plus 25% now I could do
29,000 in a 401k and still pay the same
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little and FICA that is why the 401k is
freakin awesome because I can put so
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much more away then a SEP and still save
on FICA that's the efficiency but again
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I'm shooting this video as a last-minute
tax strategy where if you're filing your
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taxes now in 2020 you didn't have a plan
back in nineteen let's still harvest a
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good write-off
you're gonna be able to write off more
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than a regular IRA and that's why small
business owners will jump now that was
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the longest portion of this video how do
they work and some dollar amounts and of
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course you can meet with your accountant
study up and I've got great articles in
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my blog on this and longer videos in
might accent
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library on my website the links below
okay now I want to have four more points
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that'll go quick but they're really
really helpful the next point is called
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the backdoor SEP IRA which kind of seems
weird well let me explain how this works
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so back to our example of operations
versus assets sometimes I have clients
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that have a w-2 over here and they've
got their day job and based on their
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income level or if they're married they
may want to be classified as a real
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estate professional because they have
rental properties and when they have
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rental properties that got this LLC over
here and they might have flow-through
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losses or if these LLC's are paid off to
a big degree you might be paying taxes
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on some cash flow over here the more you
pay down the mortgages on rentals the
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higher your cash flow and the more
potential of some taxes on that cash
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flow so we're gonna we're gonna go
analyze this and create the backdoor SEP
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so what was the rule we can't set up a
separ
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because you don't have earned income and
you're not an employee which you can't
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be of your own LLC so what we do is we
pay a management fee to a little sole
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proprietor over here and we pay this
management fee to take a write-off over
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here so let's say we want to spend 40
grand in management fees to yourself
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which you would never normally do
because we don't want to pay FICA but if
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your FICA is already maxed out over here
and so the FICA bill is really minor we
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can pay this fee over here to a sole
proprietorship maybe taking hardly any
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write-offs at all because you're gonna
maximize your write-offs here and then
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we drive this 40 grand out we can
generate a ten thousand dollar SEP
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deduction now that could bring pretty
cool that could be a great way to
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backdoor into a separate off when the
FICA is minimal because you've already
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maxed it out over here and so some
people are like man I want to drive as
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much as I can into a SEP and self direct
it which is something I'll bring up
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later this is a great way to create a
backdoor write-off but I want to be
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careful to not pay too much FICA in the
loop and make sure it works for my
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client
number four employees question mark
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right some of you have talked to your
accountant or been on the web and say oh
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well I have employees so I can't do a
set for myself without including my
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employees what can which can get really
spendy quickly that's why again a 401k
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with some proactive planning you can
create what's called a safe harbor 401k
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and push down the matching for your
employees so you can still get a massive
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benefit with the 401k again our
attorneys at our law firm are great at
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this
I'd have you talk to Kevin Kennedy the
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primary attorney in our office working
on 401ks for clients around the country
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and we keep it affordable but again
that's for proactive planning moving
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forward but let's say you're still
trying to find that last-minute tax
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deduction and I had a call like this but
this very week from a client that said
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well my accountant said I can't do a SEP
unless I include my employees so let's
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go to the white board and see what real
rules are here so we go back to our opps
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and assets and we're gonna focus over
here on our sole proprietor or our
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escort and so we're going to decide
which bucket we're gonna play with and
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so let's let's do the plain old sole
proprietorship okay and this could be an
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LLC sole proprietorship and let's say
you've got that hundred grand in profit
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well I had a client this week that said
well mark I have two full-time employees
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and so I can't do the SEP without
including them and I said really
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how long have these employees been with
you and they said well one's been with
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me about a year the other one about
eighteen months and I said BAM you only
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have to include full-time employees that
have been with you for more than two
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years full-time so once they became
full-time the clock started ticking so
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for this year for my client in 2020 we
were able to jam out a septa duction and
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make that contribution over here not
include any of the employees for this
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year but because one of them was 18
months ago in 2021 that's okay we kill
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this up move to the 401k and jam it down
and ramp up
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401k this is why tax attorneys make the
big bucks is because we're saving you
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ten times what you're paying us and
we're a tax law firm that has been
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structured for the small business owner
on Main Street
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you've none of those big law firms in
the city those are for those tax
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attorneys are working for Wall Street
you know fortune when thousands or
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whatever and they're spending we're
trying to do this affordably for our
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clients so if this is blown you right
don't think you're out of the realm of
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this this is a restaurant owner a
dentist a doctor a plumber an
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electrician or realtor we love this
strategy so back to the board first you
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can still do the SEP if you had no
full-time employees in the last two
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years and here's the other perk
part-time employees don't count so when
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I get on the phone with clients and
we're doing some planning I'm gonna
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focus on number of part-time employees
versus full-time and when they started
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and we still may be able to jump into
the set for this year and then convert
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it later to a 401k number five the
fallback well sometimes I have to be the
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bearer of bad news my clients have
full-time employees they've been around
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for a couple years they didn't talk to
any sort of strategist about a 401 K
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last year they want to do a SEP but they
can't without throwing down some major
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contributions for their employees not
that they're bad people but it can get
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too expensive so what are you what can
you do
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there's really two options first just
consider a traditional IRA now if you
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make too much money you can't contribute
to a traditional IRA and get a write-off
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so that brings into the play the Roth
the backdoor Roth IRA which I'm a huge
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fan of so if you can't do the SAP you're
too late for the 401 K you make too much
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money I had another client this week
call up and say yeah my account said I
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can't do a Roth I make too much money so
go oh my gosh that's almost malpractice
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because it is so easy to do what's
called a backdoor Roth or you make a non
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deductible contribution to a traditional
and then on day 2 convert it to a Roth
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and you can still do this for the prior
year up until April 15th now if that
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blew your brain I've got a video on
YouTube just on backdoor Roth IRAs
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over there to that video by just typing
kohler backdoor Roth and you'll love it
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so don't think all is lost
I still want you funding to Roth every
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year just like Dave Ramsey would tell
you to do and I have some great videos
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on how to get massive returns on a Roth
IRA because the other kicker in all this
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is I want you to self-direct your SEP
self direct your 401k or your eyes eye
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arrays or SEP or your Roth and do that
in an account where you invest in what
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you know best and that's called self
directing and you kind of pull your
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money part of it or good portion of it
you choose into a trust company that
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allows you to self direct and invest it
and you get it out of Wall Street
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there's no penalty there's no tax again
search YouTube Kohler self-directing
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you'll love it finally number six what
do we do next year we knew we kind of
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screwed up I had to do the SAP and it's
not the perfect fit and my business is
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growing I may have employees coming down
the pipe what do we do next year so back
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to our diagram you're over here with the
sole prop LLC or an S Corp or an LLC
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taxes in a LLC taxes and escort and so
what we do is we do our set this year
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however we're gonna do it and we take
whatever write-off we can get anything's
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better than something is better than
nothing so we get rolling here now next
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year what we do is we adopt a 401 K and
maybe a solo 401 K because you don't
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have any full-time employees and this
401 K can now be self-directed by you
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create LLC's and businesses and invest
it even do it real estate whatever you
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want with this 401 K get better rates of
returns than an ETF or a mutual fund and
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this SAP rolls into the 401 K no
penalties no tax and you can just roll
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it up into this 401 K or you can even
roll it out to an IRA or roll it out to
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an IRA and convert to a Roth so you have
all these choices to help you use that
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SEP that you had to use it the last
minute and get it right off now we can
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take it and invest it and move it around
with no penalties and no tax well there
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you go now you know so much more about
the SEP 2
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order to be the captain of your own ship
now you can bring this up with your tax
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advisor or if you're doing your own tax
return do some additional study and make
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sure you nail it get it right off now
and maybe use that SEP as a last minute
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write-off hope this was helpful
also please note every week I'm shooting
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new videos to help you save taxes
protect your wealth as a lawyer and also
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hope you build your business and wealth
as we help guide our clients through all
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sorts of cool strategies that bring it
all together so please press on the
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subscribe button below hit the bell icon
so every time I shoot a video you get a
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little ping and I know it'll save you
tons and share this video please with
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quest to live the American dream thanks
so much
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