Self Directed IRA Questions

Self Directed IRA Questions

Rental Property Investor · Abilene, TX · Member since 2015 · 26 posts · 8 votes

I recently inherited a 401k from my father, and am considering my options of what to do with it.  I'm debating cashing it out (without penalty since it was a death benefit) or rolling it over to a SDIRA.  If I cash it out, I would pay tax on it at my current rate.  Then I would most likely use the cash to purchase rental properties or possibly notes.  If I roll it over into a SDIRA, I would most likely want to invest the same way.  The thing is, it would be nice to have access to the money for whatever I want (I'm looking at buying a primary residence soon).  I would have that access if I cash it out.  If I roll it over, I wouldn't.... or would I?  I've read a lot about how things have to be "kept at arms length" and how I can't benefit now, only in retirement when it comes to SDIRAs.  So here are my questions:  

(1) Could my SDIRA loan money to my business partner, and then I get a loan from my business partner for a similar amount with similar terms?

(2) If I own 50% of an LLC, can my SDIRA loan money to the LLC? What if I own less than 50% of the LLC?

Thanks in advance for all of your answers.

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

@Daniel Decker

To answer your specific questions, both would likely create prohibited transactions through self dealing and would not be allowed for an IRA. There can be no direct or indirect benefit between a plan and a disqualified party, and route one is just using the business partner to benefit yourself. The IRS would see through that.

You need to decide if:

You want the money personally - take a distribution

You want to invest that money and grow it tax sheltered - but entirely at arm's length - setup a SDIRA.

You could do both if there is enough money in the account and/or over time, but any time the money will be used for you, it will have to be distributed from the IRA.

See this reply in the discussion

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  • Pflugerville, TX · Member since 2015 · 20 posts · 10 votes
    10y

    There is a good book on the subject I would recommend your read. The Self Directed IRA Handbook. There are rules to follow, which if violated will cause your SDIRA to be liquidated with penalties and taxea. Does not sound fun. A SDIRA is an excellent tool, I love them, but do your research.

  • Pflugerville, TX · Member since 2015 · 20 posts · 10 votes
    10y

    Also, PM me if you want a reference on a SDIRA custodian who has lots of education available. Thanks

  • Gino BarbaroPro Member
    Rental Property Investor · St Augustine, FL · Member since 2014 · 2k+ posts · 1k+ votes
    10y

    @Daniel Decker

    Hi Daniel

    go onto this site www.trustetc.com. The company is equity trust and they have a ton of info on SDIRA. There is something called UBIT in a self directed IRA that you have to concern yourself with if you invest in real estate.

    If you are worried about the tax hit, you can always cash out a part and self direct the rest.

    Sorry about the loss of your father.

    Gino

  • Investor · North Idaho · Member since 2011 · 332 posts · 107 votes
    10y

    @Daniel DeckerSorry for your loss Daniel. 

    It sounds like you're on your way!

    Be sure to understand all of your options when it comes to Beneficiary IRAs. You can self-direct them without a problem but it's good to know about all of your distribution options and think about how RMDs will play a role in your investment strategies. 

    1. You can not contribute to a Beneficiary IRA.

    2. You'll need an exit strategy. You're required to distribute the funds one was or another because of RMDs. How will you plan for that in advance?

  • Real Estate Investor · chicago, IL · Member since 2012 · 1k+ posts · 231 votes
    10y

    why not just buy your own primary residence? you could get a 2+ flat and rent out the other sides. that's what I would do.

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

    @Daniel Decker

    To answer your specific questions, both would likely create prohibited transactions through self dealing and would not be allowed for an IRA. There can be no direct or indirect benefit between a plan and a disqualified party, and route one is just using the business partner to benefit yourself. The IRS would see through that.

    You need to decide if:

    You want the money personally - take a distribution

    You want to invest that money and grow it tax sheltered - but entirely at arm's length - setup a SDIRA.

    You could do both if there is enough money in the account and/or over time, but any time the money will be used for you, it will have to be distributed from the IRA.

  • Rental Property Investor · Abilene, TX · Member since 2015 · 26 posts · 8 votes
    10y

    @Brian EastmanThanks, I was pretty sure that would be the case, but just wanted to check on here.

    @Scott W.Thanks for the idea.  I'm wanting to get a larger lot with a shop.  Maybe outside of town a little.

    @Loren Whitneyand @Gino Barbaro, thanks for the input and your condolences.

    @Ronald Lambertthanks for the book recommendation

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

    @Daniel Decker

    Specific beneficiary rules apply when inheriting a 401k plan. One of those rules calls for the non-spouse beneficiary to start taking distributions from the 401k or beneficiary IRA by December 31st following the death of the 401k participant. For this reason it may not be as advantageous to transfer the funds to a self-directed IRA.

    See the following IRS link for these important rules.

    https://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/Retirement-Plan-Beneficiaries

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