Personally paid back property taxes on IRA-owned real estate — what are my options?

Personally paid back property taxes on IRA-owned real estate — what are my options?

Member since 2026 · 1 post · 1 vote

My self-directed IRA owns a rental property. In April 2026 I found out that two years of property taxes had gone unpaid and a tax deed application had been filed against it. The county told me the only way to stop the sale was an immediate wire, so I wired about $6,100 from my personal account that day and redeemed it.

To be clear about fault: I direct the payments on this property myself. The custodian pays when I instruct them. I simply missed those two years — later years were paid through the IRA normally.

I asked the custodian to make the IRA whole with me. They declined, saying it would be a prohibited transaction. I asked whether they could instead record it as a contribution; they said contributions must be cash, so they would have to actually receive funds. What they have offered is a distribution to me for the amount I paid — I am under 59 1/2, so that is taxable plus the 10% penalty.

I am moving the account to a different custodian shortly.

What are my options here, and is there anything I need to report on my 2026 return?

1Reply
414 views

Most Popular Reply

Brett SynickyPro Member
Solo 401k and SDIRA Consultant · Orange, CA · Member since 2013 · 873 posts · 497 votes
1w

I'm sorry to be the bearer of bad news but what you already did was a prohibited transaction. Usually that results in the entire IRA (all its assets) being disqualified which means the entire thing would be distributed to you causing taxes and penalties.

If they’re offering you a work around as you’ve mentioned you should probably jump all over it. To be quite frank, nothing here seems to warrant switching custodians. 

Yes, distributions and contributions are reported on your 1040. 

See this reply in the discussion

9 Replies

Jump to latestLatest
  • Brett SynickyPro Member
    Solo 401k and SDIRA Consultant · Orange, CA · Member since 2013 · 873 posts · 497 votes
    1w

    I'm sorry to be the bearer of bad news but what you already did was a prohibited transaction. Usually that results in the entire IRA (all its assets) being disqualified which means the entire thing would be distributed to you causing taxes and penalties.

    If they’re offering you a work around as you’ve mentioned you should probably jump all over it. To be quite frank, nothing here seems to warrant switching custodians. 

    Yes, distributions and contributions are reported on your 1040. 

  • Lender · Los Angeles, CA · Member since 2009 · 1k+ posts · 2k+ votes
    1w

    Wow, @Jorge Mendoza.  I agree with Brett.  Was the tax sale imminent?  Like a few days away?

    If not, assuming you already funded your IRA for the year, one option would have been to overfund it by $6K and pay the penalty (6%, I think). Your custodian could then pay the taxes. Then, cure the overpayment the next year by applying the $6K as a contribution. This would have cost you a few hundred dollars and avoid the possibility of an entire IRA disqualification.

    If your custodian has a way around this for only a 10% penalty, I would jump on it and profusely thank them.  Seems like they know what they are doing and offering you no reason for you to leave.  On the contrary.

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    1w

    Jorge, I'd treat this as a potential prohibited-transaction issue first, not simply as a question of whether the $6,100 can be reimbursed or treated as an IRA contribution.

    With a self-directed IRA, the property and its expenses generally need to stay inside the IRA structure. The IRS treats the IRA owner as a disqualified person, and prohibited transactions can include lending money or extending credit between the IRA and a disqualified person, as well as other improper uses of IRA assets.

    That's why I would not try to "fix" this by simply having the IRA reimburse you unless a CPA/ERISA attorney who works specifically with self-directed IRAs has reviewed it. The custodian declining reimbursement is a pretty strong signal that they're concerned about that exact issue.

    The stakes can be significant. IRS guidance says that if the IRA owner engages in a prohibited transaction with the IRA, the account can cease to be treated as an IRA as of the first day of that tax year, with the account treated as distributed at fair market value. That could create taxable income and potentially an additional early-distribution tax depending on age and circumstances.

    I also would not assume simply reporting the $6,100 under Section 59(j) or another provision cures the issue. I'd want someone to review the exact facts, including whether the payment is treated as an extension of credit to the IRA, whether any exemption applies, and what reporting is required for 2026.

    Since the tax payment was made to stop a tax deed sale rather than to intentionally self-deal with the IRA, the facts are important. But I would get an SDIRA-focused CPA and ERISA/tax attorney involved before filing the 2026 return or moving money around to "correct" it.

    Feel free to DM me, I’d be happy to send over a few tax-planning resources that may be helpful while you work through it.

    INVESTOR FRIENDLY CPA®5241 Reviews
    TaxMD™ | AI-Powered Tax Planning
  • Brett SynickyPro Member
    Solo 401k and SDIRA Consultant · Orange, CA · Member since 2013 · 873 posts · 497 votes
    1w

    Good point, @Ashish Acharya . Depending on the circumstances it could be argued that @Jorge Mendoza was, as the fiduciary of his IRA, acting in it's best interest. Legal help is a must here. Jorge, dm me and I'll respond with the details to a law firm that specializes in this area.

  • Jason MalabuteBusiness Member
    Accountant · Los Angeles, CA · Member since 2016 · 2k+ posts · 898 votes
    1w

    Jorge, before getting to whether the $6,100 can be reimbursed or booked as a contribution, I'd treat this first as a potential prohibited transaction issue. With a self-directed IRA, the property and its expenses generally need to stay inside the IRA structure, and the IRS treats the IRA owner as a disqualified person, with prohibited transactions capable of including lending money or extending credit between the IRA and a disqualified person along with other improper uses of IRA assets. That's why I wouldn't try to fix this by simply having the IRA pay you back unless a CPA or ERISA attorney who works specifically in the self-directed space has reviewed it, and the custodian declining reimbursement is a pretty strong signal they're worried about exactly that. The stakes can be meaningful, because IRS guidance says that if the IRA owner engages in a prohibited transaction with the IRA, the account can cease to be treated as an IRA as of the first day of that tax year and be treated as distributed at fair market value, which could create taxable income and potentially an additional early distribution tax depending on age and circumstances. I also wouldn't assume that just reporting the $6,100 under one provision or another cures it, since someone needs to look at the exact facts, including whether the payment is viewed as an extension of credit to the IRA, whether any exemption applies, and what reporting is required for 2026. The fact that you wired the money to stop a tax deed sale rather than to intentionally self deal is relevant, but I'd get an SDIRA focused CPA and an ERISA or tax attorney involved before filing the 2026 return or moving money around to correct it. The right answer here really turns on your specific facts, so work through it with your own CPA or tax advisor.

    Malabute & Company CPAs525 Reviews
  • CPA| New Clients Welcome| 50 States · Member since 2016 · 430 posts · 93 votes
    1w

    @Jorge Mendoza, hi. I’d speak with a CPA or tax attorney experienced with self-directed IRAs before accepting the distribution.

    Paying an IRA-owned property expense personally can create a prohibited-transaction issue, and the consequences may be more serious than just tax plus a 10% penalty. I also wouldn't assume it can simply be treated as a contribution.

    Have the transaction, dates, and 2026 reporting reviewed before moving the account or taking any further action.

  • CPA| New Clients Welcome| 50 States · Member since 2016 · 430 posts · 93 votes
    1w

    @Jorge Mendoza

    Because personal funds were used to pay an expense for IRA-owned real estate, there may be a prohibited-transaction issue with consequences beyond the normal early-withdrawal penalty. I'd have a CPA or tax attorney experienced with self-directed IRAs review the payment, custodian records, and 2026 reporting before moving the account or accepting any corrective treatment.

  • Brett SynickyPro Member
    Solo 401k and SDIRA Consultant · Orange, CA · Member since 2013 · 873 posts · 497 votes
    1w

    Connect with @Julius Vincent or @Ashish Acharya they're both great CPA’s who’ve helped lots of my clients.

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