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