Skip to content

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Followed Discussions Followed Categories Followed People Followed Locations
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

10
Posts
2
Votes
Bret Ballard
  • Kansas City Missouri
2
Votes |
10
Posts

IRA lending new construction and llc or llp

Bret Ballard
  • Kansas City Missouri
Posted
I would like to buy some property and have a spec home built for resale. Then rinse and repeat the process. My brother and his wife each have 401k's from a previous employer that they aren't actively managing and are interested in using for their high risk portfolio/s (both accounts are ~$160k) but they want to be as much hands off as they can.


We see 2 possible scenarios that we are considering that both appear to be legal but unsure on which would make the most sense.

First, they could convert to SDIRA's and separately lend toward my projects where one house is built using loan from Brother's IRA and a different house is built using loan from Sister-in-law's IRA in order to keep their accounts from doing business with disqualified persons.

Second, it appears that it may be possible that they could again convert to SDIRA's then use those to invest into a single LLC or LLP (unsure on which would be more appropriate and would have local lawyer set up if this path is taken) that I (or an LLC I already have) also am a part of and then I(or my llc) manage that company to have the spec homes built and sold.

I feel like I'm at the point that I've researched so much that I'm now forgetting as much as I'm taking in and want to get pointed in the right direction to start down the path of making this a reality.

Most Popular Reply

User Stats

45,013
Posts
66,386
Votes
Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
66,386
Votes |
45,013
Posts
Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
Replied

just talk to a decent CPA.. on this the loan is the dead simple one and keeps the funds from getting commingled.. 

business profile image
JLH Capital Partners

Loading replies...