Can you have debt on a rental with a self directed IRA

Can you have debt on a rental with a self directed IRA

Rental Property Investor · Richardson, TX · Member since 2021 · 11 posts · 1 vote

When using a self directed IRA to purchase a rental property, are you able to use a combination of the IRA funds with bank financing as well? Then the second part of the question is can you BRRRR the property and remove the IRA funds to use on another property?

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Brian EastmanPro Member
Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
5y

@Brett Smith

An IRA can use debt financing such as a mortgage. Any debt instrument must be non-recourse, meaning no personal guarantee from you.

There are a handful of banks that offer such loans, and the terms for purchases and refinances are more conservative. Be sure to speak with some lenders to get an idea of what is possible. A BRRRR in an IRA is possible, but will be a much less aggressive pathway than you can pursue personally.

In this type of transaction YOU are not putting IRA capital into the deal alongside personal financing. The IRA owns the property and the IRA is the borrower on the loan. A refinance will free up cash for the IRA to make additional investments, not remove the IRA from the deal.

When an IRA uses debt-financing, the portion of the income that is derived from the non-IRA borrowed money is taxable as UDFI. The tax does not typically add up to much because of the favorable write-offs available to real estate investments such as depreciation, interest, etc. It is definitely a topic to become educated about.

If you are self-employed and have no full time employees, you may qualify for a Solo 401(k).  A Solo 401(k) is specifically exempted from tax on UDFI in real estate projects.

The bottom line is that your proposed strategy is possible, but is more complex. That said, leverage is a powerful tool and your IRA will certainly benefit with higher net returns from the right investments when leverage is used.

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  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    5y

    @Brett Smith

    An IRA can use debt financing such as a mortgage. Any debt instrument must be non-recourse, meaning no personal guarantee from you.

    There are a handful of banks that offer such loans, and the terms for purchases and refinances are more conservative. Be sure to speak with some lenders to get an idea of what is possible. A BRRRR in an IRA is possible, but will be a much less aggressive pathway than you can pursue personally.

    In this type of transaction YOU are not putting IRA capital into the deal alongside personal financing. The IRA owns the property and the IRA is the borrower on the loan. A refinance will free up cash for the IRA to make additional investments, not remove the IRA from the deal.

    When an IRA uses debt-financing, the portion of the income that is derived from the non-IRA borrowed money is taxable as UDFI. The tax does not typically add up to much because of the favorable write-offs available to real estate investments such as depreciation, interest, etc. It is definitely a topic to become educated about.

    If you are self-employed and have no full time employees, you may qualify for a Solo 401(k).  A Solo 401(k) is specifically exempted from tax on UDFI in real estate projects.

    The bottom line is that your proposed strategy is possible, but is more complex. That said, leverage is a powerful tool and your IRA will certainly benefit with higher net returns from the right investments when leverage is used.

  • Rental Property Investor · Richardson, TX · Member since 2021 · 11 posts · 1 vote
    5y

    @Brian Eastman

    Thanks Brian, I retired from the fire department in January and have a 457 that is just not returning much and I wanted to start build a rental portfolio. I did start a business in 2019 but it does have employees so don’t believe I can utilize the other option. I have been told it is a little complex trying to avoid all the ways to trigger the taxes. Right now just trying to find the best way to leverage that money.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    5y

    @Brett Smith

    If you decide to use leverage in an IRA to buy real estate, here is a list of lender who offer non-recourse loans to IRAs/401Ks:

    https://www.biggerpockets.com/...

    I personally found private lending a good option to put your retirement funds to work without triggering any taxes, its low risk and nice double digit returns. 

  • Rental Property Investor · Clarkston, GA · Member since 2012 · 2k+ posts · 1k+ votes
    5y

    @Brett Smith we own and operate 15+ rentals on our ira/solo 401k etc.

    Yes we put nob recourse debt across 2 houses. I have heard of purchase money too.

    Pm me ill look up a few non recourse lenders to call.

  • Contractor · Sheboygan, WI · Member since 2016 · 921 posts · 266 votes
    5y

     @Brett Smith you may still have A Solo 401k if you have employees if no employee works more than 1,000 hours.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    5y
    Originally posted by @Todd Goedeke:

     @Brett Smith you may still have A Solo 401k if you have employees if no employee works more than 1,000 hours.

    The rules recently changed, you also can't have any long term part time employees working over 500 hours/year. 

  • Rental Property Investor · Richardson, TX · Member since 2021 · 11 posts · 1 vote
    5y

    @Dmitriy Fomichenko

    Are you saying for me to lend out to other investors?

  • Rental Property Investor · Richardson, TX · Member since 2021 · 11 posts · 1 vote
    5y

    @Todd Goedeke

    I have several that work over 1000 hours.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    5y

    @Brett Smith

    Yes, essentially you can use self-directed IRA as a bank and lend your retirement funds to others. I like this strategy for the following reasons:

    • Low risk (your investment is secure by real property) and typically good equity securing the note
    • Completely passive (just be sure to do your due diligence upfront
    • Nice double digit returns 
  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    5y
    Originally posted by @Brett Smith:

    @Todd Goedeke

    I have several that work over 1000 hours.

    It appears that you are not eligible for Solo 401k

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