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Updated over 8 years ago on . Most recent reply

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Justin Young
  • Investor
  • Honolulu, HI
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Use TSP for first home, any penalty to rent after one year?

Justin Young
  • Investor
  • Honolulu, HI
Posted

Currently, my wife, our 3 children and I live with her parents. We sat down with our RE agent for the first time yesterday to discuss our goals with REI. Our plan is to finance our first home with at least a 20% DP, fulfill the residential loan requirement of living there for a year then rent out the property. I'm trying to come up with creative avenues to finance this first property since we are very eager to get our feet wet. I've read online that using our TSP is an option. We could use up to $50,000 or 50% of the total amount, as long as it doesn't exceed $50k. My question is, if we use $50k of our TSP, pay it back over the course of 5-15 years, but decide to rent out the property after one year, will TSP penalize us for doing so since we no longer live there? Thanks in advance. Aloha!

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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
Replied

That 50% rule is pretty much for investors who can't really analyze a property disregarding things like appreciation, taxes, ability to change use, influence neighborhood markets, principal reduction and better management techniques lowering you actual expenses over time. In other words, for those who really don't want to know real estate. 

@Justin Young

Trust me, one thing you can be assured of here, you'll get bad advice asking financial questions from those that think they know!

First it depends on the type of account, which system you're under, you mentioned $50,000 which is the maximum loan under the CSRS and FERS programs, these are loans. 

If your deduction contributions are tax deferred then, paying in with pre tax dollars, you will have a tax liability as income for amounts that are not repaid. 

You may borrow for your residence based on a repayment over 15 years, for other reasons you will have a 5 year payback requirement. Use of funds is declared for tax purposes and your repayment schedule. A loan for a residence justifies the 15 year term, knowing you will move out and change the use of those funds is walking a fine line to fraud as your intent is for non-residence status.  You repayment is also payroll deducted if you are still employed. 

You do not have a "plan administrator" as other funds are administered, that comes under the Office of The Comptroller and your employee benefits officer, (EBO) who will know of your moving, obviously you address changes for admin and tax purposes. 

As to the mortgage requirement, all residential mortgages made under secondary market guidelines or under federal agency requirements will use 12 month residency as your initial intent for your loan application, your EBO may or may not, but my guess is they would also. 

The 12 month requirement can be waived under several circumstances such as loss of job, moving to a new job, death in the family or family care being required of you or other unforeseen events that cause a hardship. 

What they are looking at is your intended use of funds and actual use matching that type of loan or withdraw applied for. Are you lying on your loan application? If they believe you did, you have problems!

You should investigate your specific program through the Office of The Comptroller and your EBO. Good luck :)    

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