Lending money to a relative from a self directed IRA w/o penalties

Lending money to a relative from a self directed IRA w/o penalties

Contractor · Temecula, CA · Member since 2015 · 190 posts · 36 votes

Hey investors, does anyone know how to take money from a self directed IRA to fund a deal for a relative without getting penalized. Like maybe creating a LLC investment fund with a company name? Thank you, Nick

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Brian EastmanPro Member
Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
11y

@Nick Stango 

There is no problem with such a transaction. You are not a disqualified party to your brother's IRA.

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  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    11y

    @Nick Stango 

    It all depends on who the relative is.

    If they are a disqualified party, there just is no way to lend. Any direct or indirect transaction between the plan and a disqualified party is considered a prohibited self-dealing transaction and is catastrophic to your IRA and your pocket book.

    Disqualified parties include:

    • The IRA account holder
    • Their spouse
    • Lineal antecedents - parents, grandparents, etc
    • Lineal descendants - children, grandchildren, etc
    • The spouse of a descendant
    • An entity like a business or trust where one or more of the above have controlling interest through equity or decision making power.

    Family members not on the above list are not disqualified.  That does not mean, however, that you could do something like lend to your sister (OK) and then have her lend to your son (disqualified). 

  • Contractor · Temecula, CA · Member since 2015 · 190 posts · 36 votes
    11y

    Thank you for your response Brian, so if my brother wants to lend me money from his self directed ira to fund my REI deal, that would be OK? Thanks again, Nick

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    11y

    @Nick Stango 

    There is no problem with such a transaction. You are not a disqualified party to your brother's IRA.

  • Roseland, NJ · Member since 2012 · 73 posts · 20 votes
    11y

    While transactions between siblings are not directly prohibited, you should always ensure that it is a market rate transaction and there are no preferred terms. That would be prohibited.

    Jaime Raskulinecz

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