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Updated almost 7 years ago on . Most recent reply

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9
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Jacke Draper
  • Portland, OR
1
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9
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Solo 401k House Purchase using an LLC - IRS constraints

Jacke Draper
  • Portland, OR
Posted

I have a solo 401k plan and want to use this and a non-recourse loan to invest in a rental property. The property I'm looking at needs a lot of work and so will not qualify for a loan. I can purchase the property with cash under an LLC I'm a managing member of. Then on completion of the work, have my 401k and the Non-recourse loan provider (NASB) become equal partners in the LLC to release my cash? I'm not sure if this is possible or is deemed 'disqualified' by the IRS under the solo 401k constraints. Thanks for any advice.

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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
Replied

Jacke,

If your purchase this property under your LLC - under no circumstances you could transfer that property into your Solo 401k.

If you purchase this property under your Solo 401k - under no circumstanced you could use your personal resources (including the LLC that you own) to rehab this property.

All transactions involving your 401k must be 'arms length', that means that you personally must stay as far away as possible. 

  • Dmitriy Fomichenko
  • (949) 228-9393
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