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Updated almost 8 years ago on . Most recent reply presented by

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Sunny C.
  • Real Estate Investor
  • Jamesburg, NJ
5
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38
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Self directed Ira and partner

Sunny C.
  • Real Estate Investor
  • Jamesburg, NJ
Posted
I have a self-directed IRA and we have found a property that I need to rehab as my self-directed IRA does not have sufficient funds I have entered into a partnership with an individual and we are going to go 50 50. On this project. I would really appreciate if somebody can guide me on some of the issues I am facing. 1.Can both of the self-directed IRA and the individual open an LLC. This LLC will then own the property. 2. Can both the self-directed IRA and The partner be on the title of the property. Effectively I would assume that the LLC will be on the title of the property. 3. Are there any special tax issues given that the IRA and the partner are doing this project. Or is it simple enough that the price profits are divided amongst the IRA and the individual once the property sold. 5. Is it possible for me as an individual and my IRA to both contribute to the project as my IRA might not have sufficient funds. Is that allowed so effectively contribution of the funds will be from the IRA, myself, and then the partner, or do I have to have the IRA and the Partner exclusively be on the project. 4.any other guidance on this would be highly appreciated as this is my first project. Thank you very much for all your help.

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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
6,304
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17,893
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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
Replied

Sunny,

Yes as long as the other party is not considered "disqualified" by the IRS you can create a partnership.

The partnership can be in the form of TIC (Tenants in common, both of you will be on the title of the property) or you can create a new entity where both your IRA and the other partner can be the members.

You must keep the ownership percentage the same at all times and all income/expenses must be split according to your ownership percentage.

Be sure to seek help of a professional who can guide you and structure this correctly so you can avoid violating prohibited transactions rules:

https://www.irs.gov/retirement-plans/plan-particip...

  • Dmitriy Fomichenko
  • (949) 228-9393
  • Loading replies...