financing with SD IRA

[Stephen Sawrie]

not sure if this is the appropriate forum, so I also posted on one other forum.  here goes:

SD-IRA, checkbook control (LLC). want to purchase multiplex for 290k but finance around 30-40%. I am told that the loan to the LLC must be non-recourse. is this correct? uDirect supplied me with a list of lenders that they know who make non-recourse loans.

questions:

1. does this sound correct?

2. anyone out there have any experience with lenders making non-recourse loans in this situation?

thanks in advance

[Dmitriy Fomichenko]

@Stephen Sawrie  

That is correct, a SD IRA can only use non-recourse financing. Typically, a regular loan is guaranteed by a person. However, as the plan owner, you cannot guarantee the loan, as it would be a prohibited transaction. This is when a non-recourse loan comes in. The loan is secured and limited to the property itself, so you, the plan owner, doesn't have to be involved.

Note that the use of a non-recourse loan for an IRA will lead to Unrelated Business Income tax, which is calculated on the portion of income financed by the debt. A Solo 401k, on the other hand, can use non-recourse loans without UBIT.

There are many lenders who offer non-recourse loans to self directed IRA/Solo 401k plan owners. I also put together a list of lenders and their loan offer/requirements here:

https://www.biggerpockets.com/blogs/2810/50272-list-of-non-recourse-lenders-for-self-directged-ira-and-401k

Also, don't forget that all expenses relating to this property will need to come from the IRA as well. So aside from the purchasing price, make sure that you have enough reserve in your IRA (or through the loan, partnership, etc) for other expenses, including repair and maintenance.