50/50 deal, split among my brother and my self-directed IRA

50/50 deal, split among my brother and my self-directed IRA

Investor · Austin, TX · Member since 2014 · 3 posts · 0 votes

Please guide me on how to do this deal. Thank you in advance.

1. Brother buys an ugly empty fourplex for $150k, then adds another $50k to fix it up.

2. 6 months later, property is now fully leased at $3k in gross monthly rents. Property appraises at $250k, so brother refinances, pulling $200k out of the property, leaving $50k equity.

3. Perhaps another 6 months later, I buy a 50% interest in the *equity* of the property, for $25k, using my self-directed IRA funds. ***Which self-directed custodian would allow this?***

4. Deed is filed with 50/50 ownership, with brother's name and the name of my self-directed IRA both listed. This theoretically triggers a default clause on the loan document, but as the mortgage will stay current, lets assume nothing happens.

5. Property management company is hired to do everything. Because fourplex cash flows are large, all expenses and even larger repairs would be "netted out" or "pre-reserved" so that my IRA does not have to actually get involved in cutting checks.

6. As loan would still in brothers name, he would still get the 1098 showing all mortgage interest was paid by him, and thus that is the amount he would file. 

7. My IRA would be hit with a large UBIT tax of 33% or so, on about 80% of any profits, but the leverage to me is worth it. And since my brother is not a lineal relative, it would not be a prohibited transaction for my IRA.

Where are the landmines?

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  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    Your brother walks away and you are left with a foreclosure that is more than the property is worth. i don't know how the bank let him pull 200k out when the difference from when he bought it and it's value is 100k more. does the property even cash flow enough for both to make money, between the new mortgage and PM?  what equity did you buy if he took out more than the property is worth ?

  • Adam CherkoPro Member
    Real Estate Agent · New Rochelle, NY · Member since 2016 · 150 posts · 88 votes
    9y
    Patrick Liska , it sounds like the property was re-appraised and worth $250k which 80% would be $200. He bought half of the 20% equity still in the property. Cayce Weems, I am also interested to see the responses you get. I am not sure if there is any more downside to any of the items you already listed. I am not sure about the tax implication you referenced, I'll need to looking more into that.
  • Investor · Austin, TX · Member since 2014 · 3 posts · 0 votes
    9y

    This is a hypothetical deal at the moment, and my comments are mostly just ideas from someone (me) who doesnt feel confident in my answers, and even struggles to ask the right questions.  For the sake of this discussion, lets assume that the fourplex does cash flow well and that valuation for refinance will be $250k, even if the CASH purchase price was just $150k.  

    Im especially interested to hear comments on the more technical aspects of this tricky deal: my IRA being 50% owner with my brother, the implications of having my brother hold the note fully in his name, and how to account for this in my IRA.

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    9y
    I believe it is an illegal transaction of funds as it is not arms reach. Talk to your plan administrator
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  • Investor · Austin, TX · Member since 2014 · 3 posts · 0 votes
    9y

    What part would be illegal? Brothers are not disqualified persons. https://newdirectionira.com/ira-info/self-directed...

  • Patrick LiskaPro Member
    Investor · Verona, NJ · Member since 2014 · 1k+ posts · 832 votes
    9y

    Cayce,

    I think it is best you seek an attorneys advice on this, it would be worth the $ for you, if you think of doing it. i Partnered with my brother just recently on a rental property, but we partnered going into the deal. we have an operating agreement written up and signed on how things will run and how expenses and profits ( if any ) are split. i understand that he refinanced and pulled his original investment out and that you are splitting the equity that is left. is the IRA going to be responsible for 1/2 of the 200k mortgage now ? that's the part that would worry me if it is only under your brothers name ( truthfully i think the bank will want the IRA added to that loan since it will be on the deed, but if they don't, he holds the asset in the palm of his hand at that point, if they foreclose on him, they may go after anyone else that owns the rights to the house for the $. - i may be wrong on that, but would seek legal advice.

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