sell house from solo 401k to self directed IRA

sell house from solo 401k to self directed IRA

Investor · Thousand Oaks, CA · Member since 2016 · 126 posts · 47 votes

We bought 4 SFR in my husband's Solo 401K two years ago.

Recently we realized that it's impossible to do cash out refi as each of those is not worth much. can't meet minimum loan requirement.

Can I sell house from his solo 401k to my self directed ira? IRA can't get loan any way.

thanks

0Reply
21 views

7 Replies

Jump to latestLatest
  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    8y

    Absolutely not, you are disqualified person to your husband's 401k. IRS rules are pretty clear: no transaction is allowed between qualified plan and disqualified person.

    https://www.irs.gov/retirement-plans/plan-particip...

    But even if you could do so, what would be the advantage to you transferring assets from your spouses's retirement account to your retirement account? I'm just trying to understand your thought process.

  • Investor · Thousand Oaks, CA · Member since 2016 · 126 posts · 47 votes
    8y

    thanks for the reply. I'm aware of the disqualified person restriction. just want to clarify.

    Here's my thought:

    IRA can't buy property with loan. Solo 401K can.

    So use IRA to buy property with cash. use 401k to buy with mortgage.

    Right now unfortunately 401k holds houses but no cash. IRA has cash, no house. well, we learned

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    8y

    @Amy Hu

    An IRA may use non-recourse financing, just as a Solo 401(k) does. The issue and difference between the plans is that the IRA is subject to UBIT taxation on Unrelated Debt-Financed Income (UDFI). This tax is generally not a big cost, and the IRA will definitely receive a higher cash-on-cash return via the use of leverage, even with the tax and tax-prep cost. Sure, it is simpler to use leverage in a SoloK when that is an option, but an IRA can successfully use leverage too.

    Have you spoken with the primary non-recourse lenders; First Western Federal Savings and North American Savings Bank?  They will sometimes do portfolio loans where they cross-collateralize multiple properties.  Yes, smaller individual properties are not worth their time, but perhaps bundling all 4 would be something they could do.

  • Investor · Thousand Oaks, CA · Member since 2016 · 126 posts · 47 votes
    8y
    @Brian eastman
    thanks for your reply. yes, I contacted several lenders including the two you mentioned.  No hope with our 40k SFR. My plan is to sell those rentals and buy more expensive properties to qualify for loan.
    I'll look into the UBIT taxation on UDFI. Could you kindly direct me to more information on those?

    Originally posted by @Brian Eastman:

    @Amy Hu

    An IRA may use non-recourse financing, just as a Solo 401(k) does. The issue and difference between the plans is that the IRA is subject to UBIT taxation on Unrelated Debt-Financed Income (UDFI). This tax is generally not a big cost, and the IRA will definitely receive a higher cash-on-cash return via the use of leverage, even with the tax and tax-prep cost. Sure, it is simpler to use leverage in a SoloK when that is an option, but an IRA can successfully use leverage too.

    Have you spoken with the primary non-recourse lenders; First Western Federal Savings and North American Savings Bank?  They will sometimes do portfolio loans where they cross-collateralize multiple properties.  Yes, smaller individual properties are not worth their time, but perhaps bundling all 4 would be something they could do.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    8y

    @Amy Hu, 

    Here is a list of lenders offering non-recourse loans to retirement accounts. There are several banks as well as few brokers who have access to private money and might have lower loan amount requirements. You'd have to contact each lender directly and inquire about their terms:

    https://www.biggerpockets.com/blogs/2810/50272-lis...

  • Investor · Thousand Oaks, CA · Member since 2016 · 126 posts · 47 votes
    8y
    Thanks a lot, Dmitriy! That's a very useful list. I did contact most of those and will try the rest.

    FirstBank currently only offer services in Colorado, Arizona, and Palm Desert, California


    Originally posted by @Dmitriy Fomichenko:

    @Amy Hu, 

    Here is a list of lenders offering non-recourse loans to retirement accounts. There are several banks as well as few brokers who have access to private money and might have lower loan amount requirements. You'd have to contact each lender directly and inquire about their terms:

    https://www.biggerpockets.com/blogs/2810/50272-lis...

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    @Amy Hu

    To learn more about the prohibited rules, see the following. 

    https://www.irs.gov/retirement-plans/plan-particip...

Join the conversationCreate a free account to reply, vote on answers and follow this thread.