Is this legal use of a Self-Directed IRA

Is this legal use of a Self-Directed IRA

Member since 2022 · 2 posts · 1 vote

I am a real estate agent and property manager with about a dozen properties and I plan on growing significantly in '23 and '24. My brother is a financial advisor and he was telling me that he has an IRA and he regularly buys and sells stocks within his IRA and collects commission on those transactions as income. I have an IRA of my own with 100% stocks. I'm paying an advisor every time I buy or sell a stock. Would it be better to convert my IRA to a self-directed IRA and then pay myself the Realtor commissions for each property that I buy or sell within that IRA? That would be legal right? Like it's the same thing my brother does. I think I could do better with real estate than the stock market and I would limit each frictional transaction cost by getting paid a commission myself instead of paying someone else a commission.

Furthermore, would I be able then pay myself a 10% management fee to manage the assets within my self directed ira?  Would that be legal?  I think it would be but perhaps someone here has expertise or experience in this scenario.

I do not want to live in any of these properties nor do I want to sell or buy any of these properties to myself or a relative.  all positive monthly cashflow would be paid directly back to the ira (same with the converse scenario of potentially negative cash flow).

Frustratingly my accountant provided almost no guidance in this matter.  He said, "welp, make sure you do your homework on that."

I would think that paying myself a regular fee for the normal sale and management of a property within an IRA would be legit. But any guidance y'all can give would be appreciated.

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  • Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes
    3y

    @Bob Sanders

    There are a few main self-directed IRA rules that will result in severe tax consequences:

    The IRA cannot do business with; You, the IRA owner, Beneficiaries of your IRA, Your family members (Spouse, Parents, Grandparents and great-grandparents, Children and their spouses, Grandchildren, great-grandchildren, and their spouses).

    The IRA investor cannot use the self-directed IRA for personal benefit. For example, rental income from an investment property owned by the IRA must be deposited in the IRA account and not in a personal account. All income from IRA assets must be put back in the IRA.

    Learn more here: https://www.iraresources.com/s...

    Speak to your CPA and self-directed IRA custodian before making any changes or decisions.

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    3y

    @Bob Sanders

    Your IRA could be configured as self-directed and that would allow the IRA to invest in real estate. By investing the IRA in an asset class you know and understand, you can hopefully better protect and grow your tax-sheltered savings.

    You cannot personally benefit from or provide benefit to the IRA. Not only can you not receive a commission when the IRA buys or sells real estate, you should avoid being the realtor for IRA transactions. For you to gift your licensed and insured professional services to the IRA could be viewed by the IRS as a self-dealing prohibited transaction that has severe tax consequences.

  • Member since 2019 · 18 posts · 3 votes
    3y

    @Bob Sanders

    Hi Bob,

    You as a real estate agent would not be able to take a commission nor pay yourself a management fee on any investment ( Real estate) using a self-directed IRA. This is considered self-dealing and is a Prohibited transaction.

  • Jeffrey DixonPro Member
    Irvine, CA · Member since 2014 · 94 posts · 44 votes
    3y

    You can not earn a commission, or referral fee on the purchase and sale of the properties your IRA engages in. You cannot be the agent of record for no commission. You cannot use your property management company either. That is self-dealing and is not permitted.

  • Member since 2022 · 2 posts · 1 vote
    3y

    Well that clears things up concisely.  Thank you all!

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    3y

    Check out Equity Trust Company

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