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Updated about 5 years ago on . Most recent reply

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119
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Shawn York
  • Rental Property Investor
  • Johnstown, CO
78
Votes |
119
Posts

Disbursement from SDIRA

Shawn York
  • Rental Property Investor
  • Johnstown, CO
Posted

Hi-

We have an inherited SDIRA which owns a property. (we converted it to a SDIRA upon death and the SDIRA purchased the property) Since it's inherited, we are required to take RMD's. We want to take a 20% ownership this year instead of taking cash as the disbursement. (we took a cash disbursement last year - only about $3500) The goal is to take percentage distributions of the property each year over the next 3-4 yrs in order to have full (private) ownership at the end.
I'm running in to a *boatload* of conflicting information on how to do this. We've already gotten the appraisal, already filed the necessary paperwork with the custodian (less than helpful since it's a "checkbook control" account)
Our problem is finding the right way to do the title paperwork. We've contacted a title company and they say we need a ton more paperwork from the custodian - custodian insists that they've given us all the necessary paperwork already. Title company also says they have to follow their own process (which I get) that include the title search and title insurance - but we already know that's 100% solid because we just did that less than 2 years ago when the SDIRA purchased the property. So title company suggested that maybe a real estate attorney could do some simple paperwork for the the deed showing the SDIRA is "selling" 20% and the new deed would read "xyz-LLC" 80% owner and "XYZ" (private person) 20% owner.
Any ideas/previous experience/guidance/suggestions? Property is in Indiana if anyone is going to recommend an actual contact.
Thanks for reading.

Most Popular Reply

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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
6,238
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17,848
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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
Replied

@Shawn York

Bottom line is you need an experienced tax attorney or CPA to guide you through this. If you wish to distribute 20% of the property then you would have to change the title form the LLC to the IRA first, then to yourself. Because IRA does not own the property - the LLC is. The other option would be transferring % of the LLC to yourself.

  • Dmitriy Fomichenko
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