Looking to wholesale in my Self Directed IRA LLC

Looking to wholesale in my Self Directed IRA LLC

Member since 2024 · 29 posts · 8 votes

I am looking to possibly wholesaling empty townhome lots in St Cloud, FL with my SD IRA LLC. Has anyone had any experience with this? Do you need to apply for any permits? Has it triggered any UBIT for you? Any insight would be greatly appreciated, thank you so much in advance!

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Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
7mo

@Tina Swanson

Just adding another tax professional's confirmation of concerns raised by @Brett Synicky and my other colleagues on the thread under your identical question on the Wholesaling forum.
https://www.biggerpockets.com/forums/93/topics/1277653-looki...

The short version is that if you plan to do wholesaling yourself within your own SDIRA, it will be a prohibited transaction and result in disqualifying your SDIRA and hefty penalties. 

This idea can only work in a very rare scenario when you essentially lend your SDIRA money for someone else's wholesaling business. Not when you are working this business yourself and not when you are using proxies, either.

See this reply in the discussion

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  • Lender · Tampa, FL · Member since 2013 · 2k+ posts · 2k+ votes
    7mo

    Hi Tina, Tampa here. I'm honestly curious as to the plan. I would normally think that a wholesaler would enter into a contract and then assign/sell that contract to "Party C". Are you taking possession of the property in your IRA or an LLC owned by the IRA in a double close? Just asking an honest question to understand the mechanics of what you're proposing to do.

  • Member since 2024 · 29 posts · 8 votes
    7mo

    I was trying to avoid the double close since that's probably going to incur more fees plus the fact that I wouldn't have enough funds in the IRA to cover the first close. Plus that would probably mean I would need to have 8 different closings then to turn around and close to a single buyer. Just trying to see what is possible and how to execute the transaction correctly since SDIRA LLCs are tricky.

  • Brett SynickyPro Member
    Solo 401k and SDIRA Consultant · Orange, CA · Member since 2013 · 873 posts · 497 votes
    7mo
    Quote from @Tina Swanson:

    I am looking to possibly wholesaling empty townhome lots in St Cloud, FL with my SD IRA LLC. Has anyone had any experience with this? Do you need to apply for any permits? Has it triggered any UBIT for you? Any insight would be greatly appreciated, thank you so much in advance!


     I answered this question in your other post. https://www.biggerpockets.com/forums/93/topics/1277653-looki...

    Probably best to just ask once so you don’t confuse yourself and others with different/same question threads

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    7mo

    @Tina Swanson

    Just adding another tax professional's confirmation of concerns raised by @Brett Synicky and my other colleagues on the thread under your identical question on the Wholesaling forum.
    https://www.biggerpockets.com/forums/93/topics/1277653-looki...

    The short version is that if you plan to do wholesaling yourself within your own SDIRA, it will be a prohibited transaction and result in disqualifying your SDIRA and hefty penalties. 

    This idea can only work in a very rare scenario when you essentially lend your SDIRA money for someone else's wholesaling business. Not when you are working this business yourself and not when you are using proxies, either.

  • Member since 2024 · 29 posts · 8 votes
    7mo

    So we've determined I can't wholesale in my SDIRA, but am I able to  as an individual not as a company?

    • Michael PlaksPro Member
      Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
      7mo
      Quote from @Tina Swanson:

      So we've determined I can't wholesale in my SDIRA, but am I able to  as an individual not as a company?


      Please expand your question, it is not clear to me 

  • Member since 2024 · 29 posts · 8 votes
    7mo

    Can I wholesale properties under my own name or do I need to have an LLC to be able to do that?

    • Michael PlaksPro Member
      Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
      7mo
      Quote from @Tina Swanson:

      Can I wholesale properties under my own name or do I need to have an LLC to be able to do that?


      It seems you are asking about straight old-fashioned wholesaling without using your retirement accounts. For tax purposes, using an LLC does not change anything at all. (Well, for a high-volume or high-margin wholesaling, an S-corp might be considered, but it's an entirely different conversation.)

      However, using an LLC can change the logistics of closings and your legal rights. So this question should be asked of fellow wholesalers in your geographical area, because the rules and the practical reality are state-specific and sometimes even location specific.

  • Member since 2024 · 29 posts · 8 votes
    7mo



    I posted my question there.   Thank you Michael!    

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