Need Help With A Taking A Gain In My Roth--RIGHT BEFORE CLOSING

I'm selling a vacant lot to an investor -- all cash. I purchased this a few few months ago all cash as well.

I took title to it in a land trust, but never got my Mid Ohio IRAs involved during the actual purchase.

Now that I'm selling it this week, I want to take the gain in the IRA. I know there are issues to consider like self-dealing or doing business with my daughter's IRA.

Is there a way around it? ...

Can I simply have my daughter's IRA paid via a mortgage she puts against it? Title has already been run, but as long as the buyer is OK with paying off the mortgage instead of me will this be a way to cash out?

If the answer is not b/c she is my daughter, could I have done it if it was someone else? Thanks.

Comments(3)

  • DaveT15th December, 2003

    This is a question you should take to the IRA custodian.

    Off hand, I would say that the sale of your property will be a taxable event. Giving your daughter's IRA a mortgage on the property does not give the IRA title to the property. Since you will be the seller regardless of who holds the mortgage, you will have a short term gain taxed at your ordinary income tax rate.

    Just my opinion. Let us know if the IRA custodian comes up with a tax saving strategy other than a 1031 exchange.

    In the meantime, explore with your tax advisor whether you qualify to use a 1031 exchange to defer capital gains taxes on your profit.

  • microchip15th December, 2003

    You are right in that my daughter's IRA would not have title, but does that mean the IRA has no right to have a lien on the property?

    If Citibank were to issue a mortgage on the property, they wouldn't be allowed to get paid on it b/c they don't have title to it?

    Please clarify. Thanks for the response.

  • DaveT15th December, 2003

    Assuming your daughter's IRA custodian will allow it, the IRA could act as a banker when it lends money to refinance your property and receives a mortgage secured by the property.

    Perhaps I misunderstood the intent of your original question. I thought you were really asking if doing so would avoid taxes on the profits from the sale. I am saying that your daughter's IRA would only have its loan paid off when the property is sold, but the profit on the sale would still be taxable to you -- the titled owner.

    The answer to whether your daughter's IRA can become a lien holder on your property needs to be addressed to the IRA custodian.

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