IRA purchase and resale

IRA purchase and resale

Real Estate Agent · Athens, GA · Member since 2013 · 5 posts · 0 votes

Hey there guys, I have a question I'm trying to do some research on but I thought I'd post the question here and see if there are any experts who might have some answers. 

I've been talking with a friend and he has been advised to purchase a rental property with his IRA. I'm a real estate professional and I've been just looking over the deal with him. His idea is to purchase the property with his IRA for now and then resell it to himself at a later date when he moves some other money around so he can get the cash instead of tossing the proceeds into his IRA. I'm not sure he can do that though, and I've been trying to do some internet research on it. He is trying to reach out to his IRA people but it takes a good while to hear back from them unfortunately.

So I guess the question is are you allowed to sell an investment property that your IRA owns to yourself?

He has some other properties and as long as things go well he'll be able to cash out on them in the next couple years and use those funds to purchase the IRA property. This is basically a way to make sure he can jump on this deal now and who knows he may decide to keep it in the IRA and use the funds to buy something else in a couple years if another good property is available then.

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  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    10y

    @Joshua Welch

    You absolutely cannot sell a property from your IRA to yourself or lineal family.

  • Real Estate Agent · Athens, GA · Member since 2013 · 5 posts · 0 votes
    10y

    Perfect, that is what I was kind of thinking. Thanks for the quick reply. 

    @Brian Eastman

  • Rental Property Investor · Concord, CA · Member since 2016 · 499 posts · 219 votes
    10y
    Also even if he sells they property to someone else, the proceeds (including profit) goes back into the IRA account and not to his personal bank account
  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    10y

    @Joshua Welch

    as Brian mentioned above buying a property from your own IRA is prohibited and would be illegal. There is only one possible way to transfer the property to yourself from an IRA - that is to take "in-kind distribution". You would have to appraise the property and pay the taxes on the value of the property since distribution is a taxable event. If the distribution is taken out before normal retirement age - additional penalties on top of taxes would apply. Distributions from a Roth IRA would be tax and penalties free assuming it is done after 5 years and you are over 59 1/2 years of age.

  • Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
    10y

    @Joshua Welch

    The specific rules that would be violated are the following:

    • Sale, exchange, or leasing of property between a plan and a disqualified person;
    • A transfer of plan income or assets or use by, or for the benefit of, a disqualified person;

    Here is a good link that talks about prohibited transactions.

    https://www.irs.gov/irm/part4/irm_04-072-011.html

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