Financial Advisor · Myrtle Beach, SC · Member since 2018 · 16 posts · 57 votes
Hey friends! If you create a Self Directed IRA LLC but don't have enough money in it to buy the property you want, can you use that LLC and then an after tax LLC to buy the property? And then would the two LLC's be joint owners of the property? Has anybody done this and does it get complicated or did you have an easy time doing it? Love y'all!
There are those that promote such joint ventures. We recommend avoiding such a transaction due to IRS risk and a real lack of clarity on the topic from the IRS or the tax courts.
IRS rules prohibit any direct or indirect transactions or provision of benefit between a plan and a disqualified party. A LLC you own is a disqualified party to your IRA. Even if you create and maintain a very rigid joint venture transaction, there is the possibility of benefit if either party is enabled to participate in a transaction that it could not otherwise.
The IRA LLC may obtain a non-recourse mortgage or joint venture with an unrelated party and both of those options are much cleaner.
There are those that promote such joint ventures. We recommend avoiding such a transaction due to IRS risk and a real lack of clarity on the topic from the IRS or the tax courts.
IRS rules prohibit any direct or indirect transactions or provision of benefit between a plan and a disqualified party. A LLC you own is a disqualified party to your IRA. Even if you create and maintain a very rigid joint venture transaction, there is the possibility of benefit if either party is enabled to participate in a transaction that it could not otherwise.
The IRA LLC may obtain a non-recourse mortgage or joint venture with an unrelated party and both of those options are much cleaner.
Financial Advisor · Myrtle Beach, SC · Member since 2018 · 16 posts · 57 votes
7y
@Brian Eastman thanks for the reply! This has definitely been the most informative thing I’ve heard on this topic. How do most people invest with their own SDIRA in real estate then? I mean I have $50k in one but to do a non recourse loan and still have enough for all expenses repairs, I could only get a pretty small deal if I were to do it myself! Would you agree? Thanks bro!
In reality, direct, standalone ownership of property with $50K is not likely realistic unless you are willing to go all cash in class D neighborhoods. There is not enough there for lender minimums, reserves, repairs, etc.
I would look into private lending or investing in a private fund that focuses on real estate or real estate debt as ways to put your IRA capital to work and diversify away from the public equities roller coaster.
Such transaction would violate the prohibited transaction rules. However, if structured as a newly formed multi-member LLC whereby the IRA and the other member including the IRA participant are the members of the LLC then such transaction is allowed provided not change in ownership moving forward, as doing so would constitute a prohibited transaction.
See IRS Field Service Advisory 200128011 for more information.