Self Directed IRA LLC from an inherited 401k (non spouse)

Self Directed IRA LLC from an inherited 401k (non spouse)

Rental Property Investor · Raleigh · Member since 2019 · 16 posts · 10 votes

Hello BP community!

So, I am desperately trying to find ways to leverage my assets in order to pay for a flip in Durham, NC that I think well worth it. However, I am running in to constant walls when it comes to finding ways to doing this.


At first I was hoping to use the inherited 401k for a personal loan, but then discovered that wouldn't be an option as its not my 401k nor my spouses. Then I found out about the SD IRA LLC. I really thought this was going to be an ideal option and I thought I was finding evidence supporting that I could get one for my inherited 401k, however I just got off the phone with Guidant Financial, and the guy basically stopped me when I said I inherited from my mom (who inherited it from my dad) and said they could only do this for spouses.


Does anyone know any company that can set up a SD IRA LLC for a non-spouse beneficiary? Or perhaps even another tax-negated way of using my inherited 401k's (cause I have a couple) for a flip? My mom will have been gone 4 years this coming September, so I believe that only leaves me one more tax year to clear out the account and face the huge tax repercussions.

Super eager for any advice! Thanks so much.

2Reply
31 views

Most Popular Reply

Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
5y

@Sarah Lyon

It is possible to setup self-directed IRA LLC (aka Checkbook IRA) for inherited IRA (we have several clients like this). However the same IRS rules will apply such as it will be subject to RMD and you will be considered "disqualified person" to the IRA. That means that while you can control the IRA and it's investments, the IRA can not pay for "your" flip and be invested in any transactions where you are personally involved. 

See this reply in the discussion

6 Replies

Jump to latestLatest
  • Rental Property Investor · Fort Worth, TX · Member since 2021 · 48 posts · 40 votes
    5y

    I'm no tax expert, but I'm in a similar situation and have been researching inherited IRAs.  From my understanding, non-spousal inherited retirement accounts are severely limited. The government wants their tax money.  I'm afraid you will simply have to withdraw the money within the 5 years and pay the resulting income taxes. Of course, then you can do whatever you want with the remaining money.

    If there is a CPA who can verify or correct my understanding, please do.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    5y

    @Sarah Lyon

    It is possible to setup self-directed IRA LLC (aka Checkbook IRA) for inherited IRA (we have several clients like this). However the same IRS rules will apply such as it will be subject to RMD and you will be considered "disqualified person" to the IRA. That means that while you can control the IRA and it's investments, the IRA can not pay for "your" flip and be invested in any transactions where you are personally involved. 

  • Daniel DietzPro Member
    Rental Property Investor · Reedsburg, WI · Member since 2011 · 1k+ posts · 857 votes
    5y
    I am sure some of the Pros will chime in too, but I would get in Contact with Mark Kohler or Mat Sorensen's office at KKOS Lawyers and Accounting. They have TONS of Youtube stuff on SDIRAs, SOLO401Ks, Estate Planning etc... along with Small Business stuff. They also have a 'plan provider' branch called Directed IRA (that also deals with SOLO401Ks etc.. too)

    They would know the answers and if there is any alternatives for you. I had them set up several different Multi-member LLC made up of all 'members' being some form of Self Directs Accounts and we were more than happy with their knowledge and service.
    Dan
  • Rental Property Investor · Raleigh · Member since 2019 · 16 posts · 10 votes
    5y

    Thank you everyone! I am going to reach out to you Dmitriy, and see if theres anything we may be able to manage. 

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    I just received an inherited IRA and my understanding is that you can just pull the money out, pay the tax and use it as you wish.

  • Real Estate Investor · Irvine, CA · Member since 2014 · 59 posts · 20 votes
    5y

    just take the distribution, pay the taxes and you are free to use the funds as you wish

Join the conversationCreate a free account to reply, vote on answers and follow this thread.