SD IRA for Shore Real Estate Rental

SD IRA for Shore Real Estate Rental

Member since 2011 · 2 posts · 0 votes

So my wife and I (39 and 40) were looking at purchasing a rental property at the NJ shore with some of our assets. We found a property and got pre-approved for the mortgage. Then BANG, we talked to our financial advisor who told us that we would need to raid our IRA for the down payment on the property. Our account confirmed that it would not be a wise decision. I told my wife that I would not throw $20-30k out the window in taxes and penalties to buy the property. So then I found some info. on Self Directed IRA's investing in real estate. The info I received from Euity Trust seemed to be nearly ideal for our situation. We buy the property, all expenses and income go back into the IRA - it is an investment after all, and we have a house we can possibly retire to in 20+ years. However, the purpose of buying a shore house is for rental income AND ability to use it for a week or two in the summer. Equity Trust told me that is not a viable use, since they would be the custodian, and we are not permitted to use the property. So I countered what if I stayed overnight there during a winter weekend because I was visitin Atlantic City? Same answer. However, when I asked what the penalties would be, and how the IRS would discover this "violation," there was no answer. How exactly would this type of violation be discovered, since I doubt there is a roving dark van scouting these properties, and if caught, what are the penalites? Slap on the wrist, bad boy, or is it a crime, or would they charge me a disbursement? Thanks for any guidance. Also, does this seem like a legitimate investment? I cannot find much info on this except on the web. My financial advisor and accountant were very unfamiliar with these vehicles.

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Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
15y

If I were an IRS investigator I might troll investing forums and google to look for people who discuss their violations.

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  • Will BarnardPro Member
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    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y

    Bryn,

    Prohibited transactions and disqualified parties as far as the IRS is concerned with SDIRA's are very clear. You, the IRA owner, may not personally or financially benefit from the IRA or its purchases. Furthermore, you can not purchase the home from your IRA or sell a home you currently own to your IRA.

    How would they find out if you used it one week out of the year? Goo question, they probably would not as they do not have dark vans on each corner to spy on you (although they do have satellites!).

    That said, what if you did get caught? Your penalty is that your entire IRA, not just the amount that the home was purchased for, would be considered withdrawn and the taxes + 10% early withdrawal penalty would apply. That could equate to a 50% loss of your IRA, not a good scenario.

    Also (and this is just my persoanl, but expereinced RE investor opinion), buying and holding rental RE in an IRA is not the best use for the funds. One of the best advantages to buy and hold is the tax benefits and since the IRA is already tax deferred (or tax free if ROTH), you lose that advantage. Also, their are strict guidelines on you as the IRA owner doing any work or receiving any benefit from the home, owned by the IRA.

    Sorry to burst your hopes, but it is important that you do follow the rules, it is not worth the penalty if caught.

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    15y

    I am aware of other people "investing" at the NJ shore in South part of NJ. In most cases, it's not cashflow that they are seeking, it's appreciation followed by "trading up" (sell and buy bigger at the shore).

    As for taking chances with prohibited activities from your SD-IRA - there are many BP members who have posted that you risk your entire IRA becoming taxable income whne you engage in those prohibited transactions, so don't even think about it! Search the forum for more info.

  • Member since 2011 · 2 posts · 0 votes
    15y

    I know about the rules, but just how would anyone discover what I was up to? If the property is empty in the winter, and I visit the property, how is that a violation? I fail to see the problem.

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    15y

    Regarding "I fail to see the problem." The problem is it is a lie. Jeff Skilling, like you, can rationalize the lie. Bernie Madoff could too. It's great that you say "I know about the rules..." and you choose to do such things like this. Just take your money out of your 401K and pay the penalty. Then call it even. I am tired of paying taxes for cheaters like you.

    If I were Equity Trust, I'd just fire you as a customer. I've done that with customers before, and you are the ideal candidate.

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    15y

    If I were an IRS investigator I might troll investing forums and google to look for people who discuss their violations.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    15y
    Originally posted by Jon Klaus:
    If I were an IRS investigator I might troll investing forums and google to look for people who discuss their violations.
    I would do that very same thing as well, easy to find and you have written proof posted publically for evidence.
  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    15y

    Nah,

    They'd never find the name "Bryn Wilden" here ... :oops:

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