Financing ideas needed for an estate sale - 2200 sq ft + land!

Financing ideas needed for an estate sale - 2200 sq ft + land!

Durango, CO · Member since 2016 · 92 posts · 12 votes

Yes, weird question. Let me set the stage to explain this question:

1)  One spouse, self-employed, can form a Solo K by moving funds from a 403b from a previous employer. However, this fund is pretty small - big enough for a downpayment (maybe 20% for a small purchase)

2) The other spouse, currently full-time employed, sets up a Self Directed IRA - pulling funds from former employers' 403b accounts, as well. This account might be big enough for a full cash purchase of a smallish property - and is maybe up to 4 x larger than the spouse's Solo K.

The couple would like to build a portfolio of leveraged properties (asking for a friend).

If I understand this correctly, a Solo K can be used to buy/leverage rental property but the SD IRA cannot. However, the SD IRA can be used for things such as a Hard Money Loan.

Could funds from the spouse with the SD IRA be used as a Hard Money Loan (using all the proper documents, contracts, etc.) to the spouse with the Solo K (property LLC in the name of the Solo K spouse)? The Hard Money loan would be used for a cash purchase to close the deal quickly and/or beat out the competition. The intent is to BRRR the property and pay back the loan from the Hard Money lender.

Is this possible?? And, would there be an advantage to this (other than the idea that paying points and interest to the spouse's account would be amazing)? I'm guessing that because the couple file taxes as married/filing jointly, more red flags would pop up in the IRS system than you could shake a stick at.

Seriously, I have no interest in scamming the IRS. I just have a problem with excessive thinking-outside-the-box on top of very limited knowledge about how these things work.

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  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    9y

    @Patricia Miller

    One point of clarification that may help to simplify your planning: Both the Solo 401k and the SD IRA can purchase real property and use leverage in doing so. The difference here is that the SD IRA will incur unrelated debt financed income tax in doing so, while the Solo 401k would be exempt from UDFI.

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

    @Patricia Miller

    If one spouse is self employed and therefore capable of sponsoring a Solo 401k, the other spouse may be able to participate in that Solo 401k, so long as they are a compensated employee of their spouse's business.

    If they were required to setup separate plans, then no, the spouse with the IRA could not lend money to their spouse's Solo 401k, as that would be a disqualified party transaction. The two entities could joint venture and take fractional ownership of a property as tenants-in-common.

    If leverage such as a mortgage were to be used, then the IRA would have a small tax burden on the portion of the income it receives that is derived from the borrowed money. A Solo 401k is not subject to this UDFI taxation.

  • Durango, CO · Member since 2016 · 92 posts · 12 votes
    9y

    Thanks for the clear explanations... makes sense.      @Justin Windham 

    @Brian Eastman 

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