Can I take a heloc out on a property owned by a solo 401k?

Can I take a heloc out on a property owned by a solo 401k?

Rental Property Investor · Austin, TX · Member since 2016 · 18 posts · 14 votes
My father set up a solo 401k in which he owns a paid for duplex. No mortgage. We’re trying to figure out how we can get access to capital that we can use to purchase more real estate outside of the solo 401k without pulling money out of the 401k and paying taxes. Is it possible to get a HELOC on a paid for property that is owned by the solo 401k and then use that HELOC to purchase properties outside of a retirement account?
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Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
8y

@Tyler Hogan

Unfortunately, the rules do not allow for the use of solo 401k owned real estate as security for a personal loan. See the following. 

https://www.irs.gov/retirement-plans/retirement-pl...

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  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    8y

    @Tyler Hogan,

    You can do cash-our refinance on a property owned by Solo 401k, the loan must be non-recourse. Here is a list of lenders who can help:

    https://www.biggerpockets.com/blogs/2810/50272-lis...

    I have not seen any of those lenders offering HELOC, it would be a loan, check the terms at the link above. This would be done inside of the 401k, the cash you pull out by refinancing would belong to the 401k. The only way to pull the cash out of the 401k is to take a distribution, which of course would be taxable event, plus penalties if the distributions is taken prior to normal retirement age. 

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    8y

    @Tyler Hogan

    Your (or your father's) 401k can get financing on a property it owns, but that doesn't help you (or your father) get access to funds for investment outside of the plan.

    Using your 401k assets or loan proceeds personally would be a prohibited transaction unless a participant loan was taken from the plan.

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    8y

    @Tyler Hogan

    Unfortunately, the rules do not allow for the use of solo 401k owned real estate as security for a personal loan. See the following. 

    https://www.irs.gov/retirement-plans/retirement-pl...

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