Residential Real Estate Broker · Richmond, VA · Member since 2012 · 63 posts · 3 votes
Scenario: I own a land parcel in my self directed Roth IRA (let's say valued at $50k), and have a small amount of additional funds ($25k) in the Roth account. We plan to build a home and sell (construction budget $250k, home should sell around $400k). Since the funds in the account is not enough to cover the construction cost, we are looking at best option to structure the deal.
Thought process: If we get a none recourse loan to build the home and sell, this will trigger the UDFI tax. To avoid this, is it still possible to add a partner (none related) to the title that becomes the equity partner to the deal, and would this help in avoiding the UDFI tax?
I have heard of a lender or two who would consider a non-recourse loan for new construction. Non-recourse is hard enough to find, let alone new construction so you'll basically need to find a private, nearly private, party to fund such a loan. Expect the fees and interest rate to be higher, expect the LTV to be lower and likely you'll be paying interest on the full amount of the loan from day 1.
I agree with Dmitriy however that UBIT is in play regardless of whether or not there is a recorded lien or an equity partner.
It is very unlikely you will find a lender willing to do a construction loan for the IRA, none of the none-recourse lenders I know of (https://www.biggerpockets.com/...) would be willing to do it.
Bringing on a partner does not change the fact that your IRA is developing a property, which is usually looked at as an active business and therefore will trigger UBIT on IRA profits from such activity for the IRA. Retirement accounts were designed to invest passively. You may want to consider renting the property for couple years before selling it. Get a good CPA with experience in this area on board to help you navigate through your strategy.
I have heard of a lender or two who would consider a non-recourse loan for new construction. Non-recourse is hard enough to find, let alone new construction so you'll basically need to find a private, nearly private, party to fund such a loan. Expect the fees and interest rate to be higher, expect the LTV to be lower and likely you'll be paying interest on the full amount of the loan from day 1.
I agree with Dmitriy however that UBIT is in play regardless of whether or not there is a recorded lien or an equity partner.
It is very unlikely you will find a lender willing to do a construction loan for the IRA, none of the none-recourse lenders I know of (https://www.biggerpockets.com/...) would be willing to do it.
Bringing on a partner does not change the fact that your IRA is developing a property, which is usually looked at as an active business and therefore will trigger UBIT on IRA profits from such activity for the IRA. Retirement accounts were designed to invest passively. You may want to consider renting the property for couple years before selling it. Get a good CPA with experience in this area on board to help you navigate through your strategy.
Thank you Dmitriy!
So, in the scenario of borrowing money from lender, UBIT and UDFI will be in play? My head is spinning now.
Would getting a partner on board better in this scenario and to hold/rent the home for a few years be helpful in solving both Tax issues?
Once a property is owned by an IRA, can we add unrelated party to the title?