Converting IRA To Down Payment On SFH

I have a IRA that I would like to convert to some RE venture but can I do it without paying the taxes or a huge penalty?

Comments(8)

  • commercialking10th June, 2004

    Well in theory this is easy in practice it is difficult. You establish a self-directed IRA with a trustee. You then use the money out of the IRA as the downstroke and put the resulting deed in the name of the IRA.

    The problem is that there are not many trustees who will do this for real estate. Lots if what you want to invest in is stocks and bonds.

  • nmcurse10th June, 2004

    Is there a website or a book you know of where I can read up on this?

  • ew8610th June, 2004

    Check www trustetc com.

  • active_re_investor13th June, 2004

    There are a few articles on the MSN Financial web site that explained how to use your IRA for RE investing.

    They listed 4 trustees that handle self-directed IRA's which allow for RE investments.

    The rules are strict so make sure you understand what transactions qualify.

    I have sent in paperwork to move my funds to Entrust Administrators in Oakland CA (www.entrustadmin.com). They are 1 of the 4 that were listed in the MSN article.

    John
    [addsig]

  • cjmazur14th June, 2004

    it's interesting but hairy, who's a disqualified person? what a disqulified transaction, does the IRAs owner get a benefit.

    But, compounded tax free growth is nice, even w/ LT CG as low as it is.

    The pooling aspect is interesting as well. Not everyone has risk capital, but most everyone has IRAs or a 401k. That just made my unregulated circle of friends and family much larger.

  • myfrogger14th June, 2004

    Consider having your IRA make a secured or unsecured loan to your entity you set up for the purpose of aquiring real estate.

    Equity Trust Company (formerly Mid Ohio Securties) is a custodian for self directed IRA's which allow for this.

  • active_re_investor14th June, 2004

    As to disqualified transactions, etc.

    You need to read the regs. Go to one of the web sites for the administrators or the IRS web site as the details are there.

    The general principle if you can not do a deal with a relative or yourself. Buying or selling, etc. The deal has to be an investment and you can not be in the chain as the deal would likely be less then an arm's length investment.

    You can not borrow against the IRA but you can secure a loan against the subject property. There is a difference in how the tax is computed if you have a loan so even with an IRA not all income will be sheltered.

    The self-directed program can work well (compounded growth). As a self-direct account you take the risk to make sure you are on the right side of the rules. The fees are high for such an account as the labor is higher. That said, the benefits are good if you are doing the right deals. By right I mean high margin so the fees become a small % of the total gain.

    In general a Roth would be best.

    John
    [addsig]

  • cjmazur15th June, 2004

    The problem w/ the regs is a lack of text court ruling so there on in consistencies.

    One trustee said IRA joining LLC was o.k. buy IRA lending to an LLC that I am a mamber of is a no-no as I benificially own part of the LLC.

    Another said either structure is fine.

    I never heard of tax on a loan being different, What's that about. PM if off topic.

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