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Updated almost 5 years ago on . Most recent reply

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121
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Steve Hiltabiddle
  • Lender
  • Pennysylvania
60
Votes |
121
Posts

My LLC and my SDIRA - Origination fees for my LLC

Steve Hiltabiddle
  • Lender
  • Pennysylvania
Posted

I have a question about using my LLC to originate a loan that my SDIRA will fund. I will not be lending to myself but to qualified party so as not to create a prohibited transaction.

My question is, since my LLC is conducting the work to originate the loan, can my LLC receive origination fees as a result of that work, appearing as a separate line item on the HUD? My SDIRA will fund the loan and will receive repayment of the loan appropriately, just curious if the origination fee received by my LLC creates a prohibited transaction.

Thanks,

  • Steve Hiltabiddle
  • Most Popular Reply

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    Dmitriy Fomichenko
    #1 New Member Introductions Contributor
    • Solo 401k Expert
    • Anaheim Hills, CA
    6,290
    Votes |
    17,886
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    Dmitriy Fomichenko
    #1 New Member Introductions Contributor
    • Solo 401k Expert
    • Anaheim Hills, CA
    Replied

    @Steve Hiltabiddle

    As Brian explained, you (and any entity that you own) are considered "disqualified person" to your IRA. IRS rules prohibit for any such person to provide any services to the plan. Regardless who the borrower is, YOUR LLC CAN NOT ORIGINATE THIS LOAN if the lender is your self-directed IRA.

    Here is a direct link to the rules:

    https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-prohibited-transactions

  • Dmitriy Fomichenko
  • (949) 228-9393
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