Should I take out 401k to use in real estate?

Should I take out 401k to use in real estate?

Rental Property Investor · Plymouth MA · Member since 2019 · 41 posts · 12 votes

With now being able to take out money penalty free from a 401k and where the market is currently, would taking the money out now and saving it for investing in real estate be a smarter move long term? Especially with the real estate market potentially correcting in the next 6-12 months my gut tells me this may be a good idea.

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Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
6y
Originally posted by @Adam Aschoff:

With now being able to take out money penalty free from a 401k and where the market is currently, would taking the money out now and saving it for investing in real estate be a smarter move long term? Especially with the real estate market potentially correcting in the next 6-12 months my gut tells me this may be a good idea.

    Keep in mind that in order to take a distribution or loan under the CARES Act you must have been impacted by the virus in one of the enumerated ways & your current account provider must allow you to take a CARES Act distribution or loan. The IRS recently provided guidance regarding eligibility under the CARES Act and specified that a qualified individual includes an individual who has a reduction in pay (or self-employment income) due to COVID-19.

    Distributions:

    If so, you can take a penalty-free distribution (as well as waive the 20% withholding requirement) from your 401k (assuming that the employer allows it) anytime between 1/1/2020 and 12/31/2020. You may avoid the taxes if you deposit the funds in an eligible retirement plan (which includes anIRA) within "3 years and a day" of the date of the COVID-19 distribution (note: compare to a 60-day rollover). Please note that the account into which the funds are deposited must be the same type of account from which the funds were first withdrawn (e.g. withdrawal of pre-tax funds from a 401k could be deposited in a pre-tax IRA but not a Roth IRA - "like to like").

    Loans:

    Payments on a 401k loan taken under the CARES Act must be paid back starting in 2021 over a 5 year term.

    Here are the details regarding the loans:

    NEW LOANS:

    The CARES Act which was enacted to provide relief to individuals impacted by COVID-19 allows for increased 401k loans and more flexibility for repayment of these loans.

    Specifically, you must be an individual who meets one of the following conditions to demonstrate that you have been impacted by the crisis (and it will be your responsibility to retain documents in your files that demonstrates that you are a qualified individual):

      • Individual who is diagnosed with COVID-19, with a CDC-approved test;
      • Individual whose spouse or dependent is diagnosed with COVID-19, with a CDC-approved test; OR
      • Individual who experiences adverse financial consequences as a result of being quarantined, furloughed, laid off, having work hours reduced, being unable to work due to lack of child care due to COVID-19, closing or reducing hours of a business owned or operated by the individual due to COVID-19; or other factors as determined by the Treasury Secretary.

    On or before September 23, 2020, such individuals take a 401k participant loan subject to the following terms:

    • Maximum Amount of the Loan: 100% of their 401k balance not to exceed $100,000. Please note that per the multiple loan rules, the amount of the loan must be reduced by the highest outstanding balance of any other 401k participant loan over the prior 12 months (regardless of whether such other loan is currently outstanding).
    • Monthly or Quarterly Payments: The loan must be paid back in equal monthly or quarterly payments of principal and interest.
    • Interest Rate: The interest rate is equal to prime plus 1% (or CD rate plus 2%) and is a fixed rate that is set at the time that the loan is taken.
    • Term of the Loan: Five-year term unless the proceeds of the loan are used to purchase a primary residence in which case the term of the loan may be up to 30 years.
    • First Payment:
      • For monthly payments, the first payment that would otherwise be due is delayed until January 2021 (e.g. if the first monthly payment would have been due on May 15, 2020, it will be due on January 15, 2021).
      • For quarterly payments, the first payment that would otherwise be due is delayed until the first quarter of 2021 (e.g. if the first quarterly payment would have been due on May 15, 2020, it will be due on February 15, 2021).

    EXISTING LOANS:

    The CARES Act which was enacted to provide relief to individuals impacted by COVID-19 allows for increased 401k loans and more flexibility for repayment of these loans.

    Specifically, you must be an individual who meets one of the following conditions to demonstrate that you have been impacted by the crisis (and it will be your responsibility to retain documents in your files that demonstrates that you are a qualified individual):

      • Individual who is diagnosed with COVID-19, with a CDC-approved test;
      • Individual whose spouse or dependent is diagnosed with COVID-19, with a CDC-approved test; OR
      • Individual who experiences adverse financial consequences as a result of being quarantined, furloughed, laid off, having work hours reduced, being unable to work due to lack of child care due to COVID-19, closing or reducing hours of a business owned or operated by the individual due to COVID-19; or other factors as determined by the Treasury Secretary.

    If you meet the above conditions:

    • You may delay making any 401k loan payments due between 3/27/2020 and 12/31/2020.
    • You must commence making loan payments in January 2021 (or the first quarter of 2021 if your loan payments are due on a quarterly basis).
    • If you elect to delay making such loan payments, the term of your loan will be appropriately extended. For example, if there are 10 monthly loan payments remaining on your 401k participant loan and the next payment is due April 15, 2020, you can elect to delay making such payments until January 15, 2021 and at that time would need to make 10 more monthly payments through October 15, 2021.
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  • Erie, PA · Member since 2018 · 413 posts · 348 votes
    6y

    or a bad idea

  • Rental Property Investor · Plymouth MA · Member since 2019 · 41 posts · 12 votes
    6y

    @Joe M.

    Why do you say bad idea?

  • Flipper/Rehabber · Leominster, MA · Member since 2020 · 667 posts · 384 votes
    6y

    @Adam Aschoff Yes. The key is to choose a good partner or investment group to work with; investing in real estate is far more challenging than it is made out to be - you need systems for (1) marketing to sellers, (2) analyzing opportunities, (3) interacting with Brokers, (4) outlining projects, (5) re selling the property and (6) record keeping to learn from your experiences. Do you have a plan that addresses these things?

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    6y
    Originally posted by @Adam Aschoff:

    With now being able to take out money penalty free from a 401k and where the market is currently, would taking the money out now and saving it for investing in real estate be a smarter move long term? Especially with the real estate market potentially correcting in the next 6-12 months my gut tells me this may be a good idea.

      Keep in mind that in order to take a distribution or loan under the CARES Act you must have been impacted by the virus in one of the enumerated ways & your current account provider must allow you to take a CARES Act distribution or loan. The IRS recently provided guidance regarding eligibility under the CARES Act and specified that a qualified individual includes an individual who has a reduction in pay (or self-employment income) due to COVID-19.

      Distributions:

      If so, you can take a penalty-free distribution (as well as waive the 20% withholding requirement) from your 401k (assuming that the employer allows it) anytime between 1/1/2020 and 12/31/2020. You may avoid the taxes if you deposit the funds in an eligible retirement plan (which includes anIRA) within "3 years and a day" of the date of the COVID-19 distribution (note: compare to a 60-day rollover). Please note that the account into which the funds are deposited must be the same type of account from which the funds were first withdrawn (e.g. withdrawal of pre-tax funds from a 401k could be deposited in a pre-tax IRA but not a Roth IRA - "like to like").

      Loans:

      Payments on a 401k loan taken under the CARES Act must be paid back starting in 2021 over a 5 year term.

      Here are the details regarding the loans:

      NEW LOANS:

      The CARES Act which was enacted to provide relief to individuals impacted by COVID-19 allows for increased 401k loans and more flexibility for repayment of these loans.

      Specifically, you must be an individual who meets one of the following conditions to demonstrate that you have been impacted by the crisis (and it will be your responsibility to retain documents in your files that demonstrates that you are a qualified individual):

        • Individual who is diagnosed with COVID-19, with a CDC-approved test;
        • Individual whose spouse or dependent is diagnosed with COVID-19, with a CDC-approved test; OR
        • Individual who experiences adverse financial consequences as a result of being quarantined, furloughed, laid off, having work hours reduced, being unable to work due to lack of child care due to COVID-19, closing or reducing hours of a business owned or operated by the individual due to COVID-19; or other factors as determined by the Treasury Secretary.

      On or before September 23, 2020, such individuals take a 401k participant loan subject to the following terms:

      • Maximum Amount of the Loan: 100% of their 401k balance not to exceed $100,000. Please note that per the multiple loan rules, the amount of the loan must be reduced by the highest outstanding balance of any other 401k participant loan over the prior 12 months (regardless of whether such other loan is currently outstanding).
      • Monthly or Quarterly Payments: The loan must be paid back in equal monthly or quarterly payments of principal and interest.
      • Interest Rate: The interest rate is equal to prime plus 1% (or CD rate plus 2%) and is a fixed rate that is set at the time that the loan is taken.
      • Term of the Loan: Five-year term unless the proceeds of the loan are used to purchase a primary residence in which case the term of the loan may be up to 30 years.
      • First Payment:
        • For monthly payments, the first payment that would otherwise be due is delayed until January 2021 (e.g. if the first monthly payment would have been due on May 15, 2020, it will be due on January 15, 2021).
        • For quarterly payments, the first payment that would otherwise be due is delayed until the first quarter of 2021 (e.g. if the first quarterly payment would have been due on May 15, 2020, it will be due on February 15, 2021).

      EXISTING LOANS:

      The CARES Act which was enacted to provide relief to individuals impacted by COVID-19 allows for increased 401k loans and more flexibility for repayment of these loans.

      Specifically, you must be an individual who meets one of the following conditions to demonstrate that you have been impacted by the crisis (and it will be your responsibility to retain documents in your files that demonstrates that you are a qualified individual):

        • Individual who is diagnosed with COVID-19, with a CDC-approved test;
        • Individual whose spouse or dependent is diagnosed with COVID-19, with a CDC-approved test; OR
        • Individual who experiences adverse financial consequences as a result of being quarantined, furloughed, laid off, having work hours reduced, being unable to work due to lack of child care due to COVID-19, closing or reducing hours of a business owned or operated by the individual due to COVID-19; or other factors as determined by the Treasury Secretary.

      If you meet the above conditions:

      • You may delay making any 401k loan payments due between 3/27/2020 and 12/31/2020.
      • You must commence making loan payments in January 2021 (or the first quarter of 2021 if your loan payments are due on a quarterly basis).
      • If you elect to delay making such loan payments, the term of your loan will be appropriately extended. For example, if there are 10 monthly loan payments remaining on your 401k participant loan and the next payment is due April 15, 2020, you can elect to delay making such payments until January 15, 2021 and at that time would need to make 10 more monthly payments through October 15, 2021.
  • Rental Property Investor · Plymouth MA · Member since 2019 · 41 posts · 12 votes
    6y

    @Moises R Cosme

    I do see your point though I still think the points you outlined come with experience. As many people I listen to I or watch say the first step is the hardest part. In being someone looking to take the first step these items I think will more so come with learning the ropes. Thank you for your insight.

  • Member since 2019 · 2 posts · 0 votes
    6y

    “Keep in mind that in order to take a distribution or loan under the CARES Act you must have been impacted by the virus in one of the enumerated way“

    @George Blower some of the enumerated ways listed on the IRS websites seem to be quite vague. Eg:  being affected by being quarantined at home which much of the US has. Since nearly everyone has been impacted in some in the US, wouldn’t most folks qualify?

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    6y

    @KC Reaney


    I agree that it is vague.  @KC ReaneyPer IRS Notice 2020-50, the IRS issued additional guidance regarding how one might qualify which might be helpful:

    • The individual has a reduction in pay (or self-employment income) due to COVID-19 or has a job offer rescinded or start date for a job delayed due to COVID-19
    • Due to COVID-19, the individual’s spouse or a member of the individual’s household (defined as someone who shares the individual’s principal residence) is quarantined, furloughed or laid off, has work hours reduced, is unable to work because of lack of childcare, has a reduction in pay (or self-employment income), or has a job offer rescinded or start date for a job delayed
    • A business owned or operated by the individual’s spouse or a member of the individual’s household is forced to close or reduce hours due to COVID-19
  • Rental Property Investor · Fishers, IN · Member since 2016 · 335 posts · 470 votes
    6y

    I think it depends.  Obviously if you don't qualify to take a distribution penalty free, I think its a bad idea to cough up 10% of you money.  If you can access it without penalty and you needed it for an emergency or have a lock on huge returns with an investment you can't access via your plan, I think it's a great idea.  

    However, diversification is critical to overall investment success.  Not enough real estate investors are savvy in the stock market, or have pre-conceived negative opinions about investing in it.  The same goes vice versa.  

    Both asset classes have their advantages.  Many times, when one does well, the other doesn't and vice versa, so you've got some balance being invested in both.  401Ks are a fantastic way to build wealth because it automates your savings before you even get the money and it's tax-free on the front end.  If you have an employer match, even better. 

    I'd personally max the 401K out to the limit and save after tax money for RE.  If that's not possible, at least contribute up to the employer match.  Let it grow until retirement. 

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