Providing a Building Loan to an Unrelated Party from a SDIRA

Providing a Building Loan to an Unrelated Party from a SDIRA

Member since 2023 · 4 posts · 2 votes

I originally posted this in the Lending forum, but after reviewing, I believe it is more appropriate in this space.

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.

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Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
3y

@Joel Adams

I will tag people who are more knowledgeable in this area than myself:  @Dmitriy Fomichenko @Brian Eastman and @Bernard Reisz.

And I hope they will confirm my opinion. Which is: such a loan from your SDIRA will indirectly benefit you personally as an owner of the land. Making it a "prohibited transaction." Verdict: can't do it.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Joel Adams

    I commented on the other post but way I look at it (not providi g advice)

    1. You own the property with a land contract

    2. Any loan to a builder would be unsecured - cannot secure a loan against property someone doesn’t own

    If they default your IRA basically is unsecured loan. The land contract typically provides the holder right for any improvements so your ira would be in conflict over who owns that material. Basically if your ira took the entire loss then maybe it could fly

    This would seem to be way to sticky and raise a lot of red flags.

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  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    @Joel Adams

    I will tag people who are more knowledgeable in this area than myself:  @Dmitriy Fomichenko @Brian Eastman and @Bernard Reisz.

    And I hope they will confirm my opinion. Which is: such a loan from your SDIRA will indirectly benefit you personally as an owner of the land. Making it a "prohibited transaction." Verdict: can't do it.

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

    @Joel Adams

    IRS rules prohibit any direct or indirect benefit between you and your IRA. For your IRA to step into a deal on a property you already own personally would almost surely be viewed as such a benefit.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    3y

    @Joel Adams, I concur with Michael and Brian. All transactions of your IRA must be "arms length", meaning that no "disqualified person" is involved in the transaction, directly or indirectly. What you described does not fit this test. 

  • Member since 2023 · 4 posts · 2 votes
    3y

    Thanks to everyone for your quick and helpful responses. 

  • Bernard ReiszPro Member
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    3y

    @Michael Plaks Honored by the tag, as always. @Joel Adams Definitely a questionable transaction for the IRA, at best.

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