I own a bare parcel of commercial property in Montana that is unencumbered. I have a buyer that would like to purchase the property on contract and build a commercial building upon it. Upon completion of the building, we would convert the land contract into a private mortgage. I am also interested in providing the buyer a separate private loan from my SDIRA for construction of the building. I have two questions:
1) It is clear to me that the land contract cannot be through my SDIRA - however, is it legitimate to provide a separate building loan from my SDIRA, assuming the land being purchased through the land contract is not used as security?
2) If the buyer defaults on the building loan prior to completion, the building materials and construction completed would belong to the SDIRA. Would that be considered potential for dealing and put the SDIRA at risk of being disqualified?
I appreciate any thoughts that anyone can share on this.
With you personally being the seller and your IRA doing the lending, I'm not sure that wouldn't draw the ire of the IRS. Who is your SDIRA custodian/administrator? This would be a question for them. I have a couple of people that are with plan administrators where many of our customers keep their SDIRAs that I call when I have such questions, but BP might yield you a lot of wrong answers. I would go directly to my custodian before I would trust the gallery on here.
You own the land and have a land contract to a borrower.
Your Ira gives borrower a construction loan to build. This loan cannot be secured against the property since they don’t own the property - it’s unsecured loan.
If they default you cannot use the property as recourse - if you do then you allowed your ira to secure against an asset you own which to me is self dealing
If they defaulted you would lose all your ira funds would seem to be only way to allow this to work. Ie. Unsecured loan to that person.
Thank you Doug and Chris - I reposted this in the Legal and Tax Forum and your responses are in line with everyone there (thank you Chris for taking the time to repeat your response). To Doug's question regarding my SDIRA Custodian - I have not yet set one up.