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Updated over 9 years ago on . Most recent reply presented by

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Sheba Shimoji
  • Vandalia, IL
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How does Self-Directed IRA work?

Sheba Shimoji
  • Vandalia, IL
Posted
Hello, I recently came across at an article about self-directed IRA. I was wondering whether or not I can rollover my traditional IRA money to the self-directed IRA, so that I can use this money to invest in real estate without paying penalty, right? I am not familiar with this so I don't fully understand how it works. Do most bank offer this kind of IRA or do I need to search particular institute? Sorry it might sounds ridiculous to some but I'm a newbie and I have dumb questions. Any input will help. Thank you!

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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

Yes, you can roll your money from your existing account to a SDIRA.  No penalties.

No, most banks and traditional custodians do not offer this type of IRA. But there are companies that do. I'm currently using IRAServices.

There are some serious rules to follow. The IRA is a completely separate entity from YOU and the two of you can never, ever do any sort of deal together. You can't sell a property to your IRA. The IRA cannot loan you money. And not just you, but your spouse, descendants and ancestors, any entity controlled by one of those persons and certain other persons with a fiduciary duty to your IRA. If the IRA does buy a property, you cannot in any way benefit from that. All the money that goes into the property must come only from the IRA. Any profits must go back into the IRA. You cannot do any work on the property. I was advised by an attorney to avoid having the IRA even own property near properties I personally own. Your IRA can get a loan, but you cannot personally guarantee it. It must be a "non-recourse loan".

Even though your IRA is a tax-deferred entity, some transactions can cause it to pay taxes. For real estate, fix and flipping, wholesaling, developing a property, or any other sort of "active" business will trigger UBIT - unrelated business income tax. If your IRA owns a rental, there is an exemption for rental income. As long as it is not financed. A financed rental inside an IRA will owe taxes, too. A special form of UBIT called UDFI - unrelated business debt financed income.

IMHO, actually owning real estate inside an IRA is not a great plan. The lack of leverage and the taxes are troublesome. The rules are also troublesome. Break a rule and your IRA is considered to be fully distributed and you will own taxes and penalties on the full amount. If your property needs a new roof, the IRA doesn't have the cash, and the IRA cannot borrow the cash, you're not getting a roof. You cannot buy the roof, or borrow money personally to buy the roof. So, you MUST always keep significant reserves in place to deal with such a problem. A better strategy, I think, is making or buying loans. No UBIT on interest income.

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