Buy and hold in an IRA - Pros and Cons

Buy and hold in an IRA - Pros and Cons

Investor · raleigh, NC · Member since 2016 · 13 posts · 1 vote

Does anyone have experience holding property from a self-directed IRA? I am trying to get a handle on what is possible, and the pros and cons? For example, can I use IRA funds for a down payment, or must I make an outright cash purchase? How are cash flows treated? If I later sell the property, is it cap gains or ordinary income?

Thanks in advance for your thoughts and experience.

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Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
9y

@Jason Deck

If the IRA has enough funds, it can purchase the property outright. All income and expenses would flow through the IRA. The income would continue to grow on a tax deferred basis. Once IRA distributions commence (generally at retirement age or once RMDs apply), that is when Uncle Sam will collect the income taxes.

If you don't have enough funds in the IRA for the full purchase, the IRA can obtain a non-recourse loan. For a list of lenders see the following:

However, when an IRA utilizes debt financing for investing in real estate, UDFI applies. See following for more on this.

Therefore, if you plan to use a non-recourse loan, it may be best to open a solo 401k instead as UDFI tax does not apply to solo 401k plans. To qualify for a solo 401k, you must be performing at minimum part-time self-employment and have no full-time W-2 employees.

Following are the similarities and differences between the solo 401k and the self-directed IRA.

The Self-Directed IRA and Solo 401k Similarities

  • Both were created by congress for individuals to save for retirement;
  • Both may be invested in alternative investments such as real estate, precious metals tax liens, promissory notes, private company shares, and stocks and mutual funds, to name a few;
  • Both allow for Roth contributions;
  • Both are subject to prohibited transaction rules;
  • Both are subject to federal taxes at time of distribution;
  • Both allow for checkbook control for placing alternative investments;
  • Both may be invested in annuities;
  • Both are protected from creditors;
  • Both allow for nondeductible contributions;
  • Both are prohibited from investing in assets listed under I.R.C. 408(m); and
  • Neither may be invested in your own business.

The Self-Directed IRA and Solo 401k Differences

  • In order to open a solo 401k, self-employment, whether on a part-time or full-time basis, is required;
  • To open a self-directed IRA, self-employment income is not required;
  • In order to gain IRA checkbook control over the self-directed IRA funds, a limited liability company (IRA LLC) must be utilized;
  • The solo 401k allows for checkbook control from the onset;
  • The solo 401k allows for personal loan known as a solo 401k loan;
  • It is prohibited to borrow from your IRA;
  • The Solo 401k may be invested in life insurance;
  • The self-directed IRA may not be invested in life insurance;
  • The solo 401k allow for high contribution amounts (for 2016, the solo 401k contribution limit is $53,000, whereas the self-directed IRA contribution limit is $5,500);
  • The solo 401k business owner can serve as trustee of the solo 401k;
  • The self-directed IRA participant/owner may not serve as trustee or custodian of her IRA; instead, a trust company or bank institution is required;
  • When distributions commence from the solo 401k a mandatory 20% of federal taxes must be withheld from each distribution and submitted electronically to the IRS by the 15th of the month following the date of each distribution;
  • Rollovers and/or transfers from IRAs or qualified plans (e.g., former employer 401k) to a solo 401k are not reported on Form 5498, but rather on Form 5500-EZ, but only if the air market value of the solo 401k exceeds $250K as of the end of the plan year (generally 12/31);
  • When funds are rolled over or transferred from an IRA or 401k to a self-directed IRA, the amount deposited into the self-directed IRA is reported on Form 5498 by the receiving self-directed IRA custodian by May of the year following the rollover/transfer.
  • Rollovers (provided the 60 day rollover window is satisfied) from an IRA to a Solo 401k or self-directed IRA are reported on lines 15a and 15b of Form 1040;
  • Pre-tax IRA contributions on reported on line 32 of Form 1040;
  • Pre-tax solo 401k contributions are reported on line 28 of Form 1040;
  • Roth solo 401k funds are subject to RMDs;
  • A Roth 401k may be transferred to a Roth IRA (Note that from a planning perspective, it may be advantageous to transfer Roth Solo 401k funds to a Roth IRA before turning age 70 ½ in order to escape the Roth RMD requirement applicable to Roth 401k contributions including Roth Solo 401k contributions and earnings.);
  • Roth IRA funds are not subject to requirement minimum distributions (RMDs);
  • The fair market value (FMV) of assets held in a self-directed IRA is reported on form 5498;
  • The fair market value of assets held in a solo 401k are reported on Form 5500-EZ;
  • At termination, the solo 401k is required to file a final Form 5500-EZ and 1099-R; and
  • At termination, the self-directed IRA is only required to file a form 1099-R.
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  • Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
    9y

    @Jason Deck

    If the IRA has enough funds, it can purchase the property outright. All income and expenses would flow through the IRA. The income would continue to grow on a tax deferred basis. Once IRA distributions commence (generally at retirement age or once RMDs apply), that is when Uncle Sam will collect the income taxes.

    If you don't have enough funds in the IRA for the full purchase, the IRA can obtain a non-recourse loan. For a list of lenders see the following:

    However, when an IRA utilizes debt financing for investing in real estate, UDFI applies. See following for more on this.

    Therefore, if you plan to use a non-recourse loan, it may be best to open a solo 401k instead as UDFI tax does not apply to solo 401k plans. To qualify for a solo 401k, you must be performing at minimum part-time self-employment and have no full-time W-2 employees.

    Following are the similarities and differences between the solo 401k and the self-directed IRA.

    The Self-Directed IRA and Solo 401k Similarities

    • Both were created by congress for individuals to save for retirement;
    • Both may be invested in alternative investments such as real estate, precious metals tax liens, promissory notes, private company shares, and stocks and mutual funds, to name a few;
    • Both allow for Roth contributions;
    • Both are subject to prohibited transaction rules;
    • Both are subject to federal taxes at time of distribution;
    • Both allow for checkbook control for placing alternative investments;
    • Both may be invested in annuities;
    • Both are protected from creditors;
    • Both allow for nondeductible contributions;
    • Both are prohibited from investing in assets listed under I.R.C. 408(m); and
    • Neither may be invested in your own business.

    The Self-Directed IRA and Solo 401k Differences

    • In order to open a solo 401k, self-employment, whether on a part-time or full-time basis, is required;
    • To open a self-directed IRA, self-employment income is not required;
    • In order to gain IRA checkbook control over the self-directed IRA funds, a limited liability company (IRA LLC) must be utilized;
    • The solo 401k allows for checkbook control from the onset;
    • The solo 401k allows for personal loan known as a solo 401k loan;
    • It is prohibited to borrow from your IRA;
    • The Solo 401k may be invested in life insurance;
    • The self-directed IRA may not be invested in life insurance;
    • The solo 401k allow for high contribution amounts (for 2016, the solo 401k contribution limit is $53,000, whereas the self-directed IRA contribution limit is $5,500);
    • The solo 401k business owner can serve as trustee of the solo 401k;
    • The self-directed IRA participant/owner may not serve as trustee or custodian of her IRA; instead, a trust company or bank institution is required;
    • When distributions commence from the solo 401k a mandatory 20% of federal taxes must be withheld from each distribution and submitted electronically to the IRS by the 15th of the month following the date of each distribution;
    • Rollovers and/or transfers from IRAs or qualified plans (e.g., former employer 401k) to a solo 401k are not reported on Form 5498, but rather on Form 5500-EZ, but only if the air market value of the solo 401k exceeds $250K as of the end of the plan year (generally 12/31);
    • When funds are rolled over or transferred from an IRA or 401k to a self-directed IRA, the amount deposited into the self-directed IRA is reported on Form 5498 by the receiving self-directed IRA custodian by May of the year following the rollover/transfer.
    • Rollovers (provided the 60 day rollover window is satisfied) from an IRA to a Solo 401k or self-directed IRA are reported on lines 15a and 15b of Form 1040;
    • Pre-tax IRA contributions on reported on line 32 of Form 1040;
    • Pre-tax solo 401k contributions are reported on line 28 of Form 1040;
    • Roth solo 401k funds are subject to RMDs;
    • A Roth 401k may be transferred to a Roth IRA (Note that from a planning perspective, it may be advantageous to transfer Roth Solo 401k funds to a Roth IRA before turning age 70 ½ in order to escape the Roth RMD requirement applicable to Roth 401k contributions including Roth Solo 401k contributions and earnings.);
    • Roth IRA funds are not subject to requirement minimum distributions (RMDs);
    • The fair market value (FMV) of assets held in a self-directed IRA is reported on form 5498;
    • The fair market value of assets held in a solo 401k are reported on Form 5500-EZ;
    • At termination, the solo 401k is required to file a final Form 5500-EZ and 1099-R; and
    • At termination, the self-directed IRA is only required to file a form 1099-R.
  • Roseland, NJ · Member since 2017 · 11 posts · 4 votes
    9y

    Good Morning @Jason Deck! 

    If you were to purchase property with your SDIRA the down payment would also have to come from the IRA funds. If you were to purchase it, your IRA would be ineligible to have that property since your personal funds were used to hold it.

    All funds needed for the property would need to come from the IRA as well. This includes but isn't limited to taxes, utilities, and repair bills. All proceeds from the property would go back to your IRA, such as rental income or the income from a sale if you were rehabbing the home.

    If your IRA does not have enough funds and you are still looking to do something along these lines, you could partner with a non-disqualified party or obtain a non-recourse loan. 

  • Lance LvovskyPro Member
    Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
    9y
    Keep in mind that using your IRA to hold real estate means you lose out on the benefits of depreciation
  • Investor · raleigh, NC · Member since 2016 · 13 posts · 1 vote
    9y

    @Lance Lvovsky  Does it matter, given that the cash flows are tax-free anyway?

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Jason Deck

    Much of the information above is helpful.

    The key to investing an IRA in real estate is to determine if the risk/reward equation is better than other investments you can make with the IRA. Your point above is well stated, and I am often needing to remind folks on BP that one is not comparing real estate in an IRA to real estate held personally (the tax situation is so different), but rather to what other options the IRA may have for investing.

    As noted, the IRA can leverage with a mortgage. This introduces the risk that the IRA must pay the mortgage every month whether there is rent coming in or not. The use of debt-financing also introduces a small tax known as UDFI. This adds the complexity of book keeping and the expense of the tax return that would not be necessary with an all cash purchase by the IRA. The bottom line, however, is that the IRA should receive a higher cash-on-cash return due to the use of leverage, so these complications can be well worth it with the right property managed the right way.

    When the property is sold there is no taxation on the transaction if there is no mortgage in place. The IRA is simply being reallocated from holding real property to holding cash. If there is still a mortgage balance, then UDFI taxation will still apply, with the capital gain associated with the debt-financed portion of the deal taxed at 20%. Again, the IRA is still coming out ahead relative to an all cash purchase on the same property.

    If you are self-employed with no full time employees, the Solo 401(k) plan option would eliminate the concerns of UDFI tax on a leveraged investment.  Our say on that topic is that the tax is not so onerous as to justify squeezing into a Solo 401(k) if you do not truly qualify today and for the long haul.

  • Queen Creek, AZ · Member since 2014 · 2k+ posts · 1k+ votes
    9y

    @Jason Deck  A few additional thoughts on this subject:

    - Your IRA can partner with another IRA eliminating the need for a loan.

    - You can also buy performing notes in an IRA, since the income would normally be taxable, keeping it in a tax deferred IRA is a nice plus.

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