Rollover 401K to a Self-Directed IRA for property purchase

Rollover 401K to a Self-Directed IRA for property purchase

Investor · Pittsburgh, PA · Member since 2017 · 8 posts · 3 votes

Hello BP community! I have recently switched jobs and have accumulated $88K in my 401K. I am looking to invest these funds in real estate instead of keeping it in mutual funds, bonds, etc. My plan is to roll it over into a Self-Directed IRA with a checkbook capabilities. SDIRA would then allow me to purchase an investment property, which I would be able to rent out. Implications with purchasing a rental property within SDIRA is that I will need to follow IRS imposed SDIRA rules such as no self-dealing, running an active business, and not providing a service to the property. As a workaround, my plan is to have my friend manage my property for me and compensate him based on the amount of work he needs to do on the property. Another potential challenge is the difficulty of obtaining a non-recourse loan that would require me to put down ~40% on the property at a potentially high interest rate. A workaround I am exploring is to create an SDIRA LLC and partner up with my friend who also has funds in a 401K from previous employer. This way my partner and I would be able to combine our funds and buy a property without a need for a non-recourse loan also allowing us to avoid paying Unrelated Business Income Tax (UBIT).

Here are some of the questions I have:

  • Suggestions for a reliable custodian to insure I don’t violate any of the IRS transaction rules and also charges low fees.
  • Does the custodian setup a SDIRA LLC or will I need to have a lawyer set this up?
  • Advantages and disadvantages of purchasing notes instead of property within a Self-Directed IRA.
  • Overall comments or deficiencies in the plan I have outlined above?

My overall goal with setting up a SDIRA is to identify and utilize a best option for the highest returns for my retirement account. I am currently 30 years old.

Thanks in advance,

-Joe  

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Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
9y

Josef, there are certainly some custodians that are better than others. That is where your due diligence comes in. 

If you are eligible for a truly self-directed Solo 401k plan there are no questions that it is way superior to a self-directed IRA. You are correct, Solo 401k plan comes with the participant loan feature allowing you to access your retirement funds tax/penalties free before retirement. Also they are exempt from UBIT on leveraged real estate and allow you to invest tax-free using Roth sub-account.

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  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Josef Super

    Your plan sounds feasible.  Getting on the phone with a few SDIRA providers will be the best way to fine tune your understanding and determine who knows what they are doing.

    If your goal is the IRA LLC, you are generally better off starting with a specialty firm that offers such structures. They will have one or more custodians they work with and have the whole process tightly integrated. IRA custodians do not offer the LLC in house (IRS rules prohibit them from providing those types of services) and will refer you to an outside attorney. The integration and ongoing access to consulting support may or may not be there in that model.

    Either using mortgages or establishing joint ventures will work. You would likely receive a higher cash-on-cash return making leveraged investments on your own than giving up 50% of the deal to a partner. Even with slightly higher interest and the exposure to UDFI taxation, leverage still works as a positive accelerator for return in an IRA environment.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    9y

    Josef, regardless if you are using custodial self-directed IRA or Checkbook IRA the responsibility is on you if you commit a prohibited transaction. While custodian can help catch and prevent a prohibited transaction if they miss it - they are not liable, you are. Therefore it is imperative to understand the rules and work with the experienced professional who can educate you can answer questions when they arise.

    Inside of a retirement account I personally prefer investing in notes rather than owning real estate. It think it is lower risk but the main reason because it is passive, that is what attracts me to private lending the most. 

  • Investor · Hot Springs National Park, AR · Member since 2017 · 2 posts · 0 votes
    9y

    I have just the man you need. He handles all our accounts be it IRA, Roth IRA's, inherited ROTH IRA's, and he eats, breathes, and sleeps teaching about prohibited transactions.... Trust me there is no one better. Contact Quincy Long at Quest IRA and please tell him his good friend Dillon from Hot Springs sent you. Trust me, if you want to the best in the nation, you want Quincy. https://www.questira.com/quincy-long-of-quest-ira/

  • Investor · Pittsburgh, PA · Member since 2017 · 8 posts · 3 votes
    9y

    @Brian Eastman

    Thanks for the advice Brian and I will make sure to call SDIRA providers directly for additional information from them. Your point on the return is a valid one (partnership vs leverage). 

    @Dmitriy Fomichenko

    I agree that responsibility falls on me, but I didn't know if some custodians are better than others at providing assistance to insure you don't commit a prohibited transaction. I also saw a couple of your other posts on a solo 401K threads. After reading through the threads I am now considering a solo 401K over SDIRA due to its advantages. Ability to borrow and no need for a custodian is very appealing.  Now I need to develop a business in order to qualify for a solo 401K.  

    -Joe  

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    9y

    Josef, there are certainly some custodians that are better than others. That is where your due diligence comes in. 

    If you are eligible for a truly self-directed Solo 401k plan there are no questions that it is way superior to a self-directed IRA. You are correct, Solo 401k plan comes with the participant loan feature allowing you to access your retirement funds tax/penalties free before retirement. Also they are exempt from UBIT on leveraged real estate and allow you to invest tax-free using Roth sub-account.

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