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Updated about 14 years ago on . Most recent reply presented by

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Mark Yuschak
  • Residential Real Estate Broker
  • Grand Blanc, MI
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Moving a land contract to a SDIRA

Mark Yuschak
  • Residential Real Estate Broker
  • Grand Blanc, MI
Posted

I am the note holder on a contract with a buyer for a property I rehabbed and flipped on owner financing a few years ago. The buyer never pays late. He's asked me if I'd consider extending the contract...my initial thought was to not extend it since I could be more productive with the payoff in my pocket opposed to him paying me every month (it has a decent-sized balloon). However, I don't NEED the money. So, I was thinking about moving the contract into my SDIRA and renegotiating the terms with the buyer. The contract is currently held under my s-corp. I would negotiate with him that there would be no balloon and that we'd reamortize over 10 or 15 years at a slightly higher interest rate. I'm confident he'd go for it.

Can I do something like this without IRS implications?

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Jon Klaus
  • Developer
  • Garland, TX
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Jon Klaus
  • Developer
  • Garland, TX
Replied

This sounds like a prohibited "self dealing" transaction. Your IRA cannot acquire an asset from you, the IRA owner.

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