Dividing Land to Purchase Half w/ IRA, Half w/ Personal Cash

Dividing Land to Purchase Half w/ IRA, Half w/ Personal Cash

Rochester, NY · Member since 2014 · 24 posts · 0 votes

Hi Everyone. 

We bought a house about a year ago with a SD IRA. It was a more complicated process than I expected, but it worked out fine. We have a nice property and a reliable tenant that is paying the rent on time. I got a lot of great advice here on how to do it. So I am fmiliar with the process.

I have a little leftover money in that IRA, and am eyeing a piece of rural land to eventually use as a weekend recreational getaway. I understand I can't use the land until I distribute it from the IRA. I have enough in that account for about 1/2 the purchase price.

I am trying to figure out how to pay the other half of the purchase price with personal cash, and am assuming the land would have to be divided: 1/2 owned by the IRA and can't be touched by me, and the other 1/2 owned by me free and clear.

Presumably I would need the seller to get it divided in advance of the sale. I have no idea how difficult this would be, and how much effort is involved, and if the seller might not want to bother. Or is it something really simple like going down to the town clerk's office and filing a new title or deed? I don't know much about the whole process.

This is a small-potatoes purchase, not involving a lot of money.

Any suggestions?

Thanks,

David

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Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
11y

David,

if your IRA does not have funds and is unable to make a purchase on it's own, using personal funds to make joint investment would be considered enabling and is prohibited transaction.

See this reply in the discussion

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  • Self-Directed IRA and Solo 401k Consultant · Spring Valley, NY · Member since 2015 · 10 posts · 2 votes
    11y

    Hi David,

    I have helped many people co-invest or "JV" with themselves and their retirement plans.

    You are correct in assuming you still cannot make use of the land as long as your SD plan owns some of it.

    Whenever you want to use it, you would distribute the value of the land to yourself and pay the taxes and no penalty as long as you are 59.5 yrs old at the time.

    However, if you want use now - then yeah, the portion you will buy personally would have to be another lot entirely separate from the IRA purchase. If the seller is willing to. Sounds right to check with the town/county clerk as to their procedures to get it done.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    11y

    David,

    if your IRA does not have funds and is unable to make a purchase on it's own, using personal funds to make joint investment would be considered enabling and is prohibited transaction.

  • Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
    11y

    @David B. 

    You may want to explore purchasing the property under a tenancy-in-common arrangement. This would result in, for example, you owning the property with personal and IRA funds. Here some things to keep in mind.

    -All expenses are divided based on each investors percentage of ownership. For example, if you put up 60% of the purchase price funds and your IRA or solo 401k puts up the other 40%, the expenses would be divided 60/40.
    -Any profits are also divided based on the ownership percentages.

    When co-investing in real estate using personal and IRA funds, it is not prohibited under a tenants-in-common transaction provided the real estate property is purchased at the same time and debt financing is not brought to the table. Further the property cannot be purchased from a disqualified party. For example, if your IRA purchases the property from your son it would be prohibited even if purchased under a tenants-in-common scenario.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    11y

    You can explore your options for having the property divided or the JV / tenants-in-common scenario.

  • Rochester, NY · Member since 2014 · 24 posts · 0 votes
    11y
    Originally posted by @Dmitriy Fomichenko:

    David,

    if your IRA does not have funds and is unable to make a purchase on it's own, using personal funds to make joint investment would be considered enabling and is prohibited transaction.

    I understand the nature of a prohibited transaction, as I mentioned, which is why I was considering an alternative arrangement. 

    For such a small purchase it will probably just be easier for me to pay personal cash for the whole thing.

    Thanks for the replies.

    David

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