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Updated almost 6 years ago on . Most recent reply

User Stats

88
Posts
31
Votes
Ari Newman
  • Atlanta, GA
31
Votes |
88
Posts

Is this a Prohibited Transaction??

Ari Newman
  • Atlanta, GA
Posted

I'm hoping someone could provide clarity on a potential prohibited transaction inside a retirement account.  (For this example, a Coverdell Education Savings Account, CESA)  

I'm basically trying to purchase and then resell a property in a CESA.  The CESA admin will submit the earnest money to the title company, and take title in it's name "FBO...my account".  I'm concerned that if I can't get all the private money I need to cover the purchase, closing, etc. I'll need to do the deal outside of the CESA.  So the question:  Is it prohibited for the CESA to assign the contract to me for 0$ ?  The CESA would need to get the earnest money back at closing, but aside from that, the CESA isn't making or losing any money in this deal. (aside from wire fees)  I know that I can't get it under contract and assign to the CESA, but is the reverse also true?

Thanks,

Ari

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