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Panama Analysis as an Offshore Tax Haven – February 2010Anonymous Master Card and Visa
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Introduction – Did you know that a self directed IRA can buy your dream Panama Real Estate? This article while not tax or legal advice will get you pointed in the right direction in terms of using your Self Directed IRA to buy Panama land, condos, homes, or even commercial property.
IRA Custodian Resistance – Most of the custodians will not approve the purchase of foreign real estate. They prefer to sell you investments they offer instead. There is actually no prohibition in the IRS code against investing in foreign real estate. So do not let the custodian deceive you into thinking it cannot be done, they just do not want to do it.
Custodian Problems – One of their problems is the valuation of the house. They do not know how to do this. Did you get a large kickback from the acquisition of the property thus affecting a deceitful and unlawful early withdrawal without penalty? What about a real estate commission you received. You are also not supposed to live in the home acquired through a self–directed IRA. How will the custodian enforce this? What if you live in the home on vacations only? What if you rent the home out and do not tell anyone? What if you use the home to trade homes with using a service that will let you swap homes with others in other countries for six months or a year at a time? The custodian cannot detect all these games one could incorrectly play so they prefer not to get involved and it is always better to earn a commission on something they sell you.
Custodian Control – One needs to make sure the custodian lets you invest in investments of your choosing, not theirs. You want to be able to write the checks for investments.
IRA as an LLC – This seems to solve a lot of the problems with the custodians. An LLC is structured utilizing the Self –Directed IRA as the owner of said LLC. The monies would then be put into the LLC, which would in turn purchase the real estate investment(s) foreign or domestic.
Mortgages, IRA's, LLC's, Foreign Real Estate – Yes you can have a mortgage on the property. The debt–recorded instrument has to be a non–recourse promissory note.
Profits – These are to be credited back to the IRA.
Taxes – The IRA has to have enough money to pay for the taxes, property maintenance and upkeep such as condo association fees.
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