Posted over 7 years ago

Solo 401k Unrelated Debt-Financed Income (UDFI) and UBIT

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What is UDFI

Similar to the UBIT, there is a another tax called unrelated debt-financed income () tax on IRA investment income derived from debt-financed property, proportionate to the debt on the property. HOWEVER, UDFI does not apply to solo 401k plans so this is why individuals prefer solo 401k plans over IRAs for investing in real estate whereby a none-recourse loan will be used.

UDFI QUESTION:

I have read various on-line articles and websites, and was not reassured that a solo401k is allowed to use a non recourse loan to buy property and NOT get taxed on rental income from property or on capital gains when the property is sold.

Can you please tell me where in the IRS code I can confirm unrelated debt-finance income (UDFI) does not apply to solo 401k plans when property if financed with a non-recourse loan?

UDFI ANSWER:

A solo 401k is exempt from UDFI pursuant to IRC 514(c)(9) which was amended by P.L. 98-369, the Deficit Reduction Act of 1984 (DEFRA).

What is UBIT?

The Unrelated Business Income Tax (UBIT) is assessed when a tax-exempt entity, such as an IRA or a solo 401k plan, engages in a business activity that is not related to its general purpose. For example, if a self-directed solo 401k account is used to purchase a yogurt shop store, the income generated from the business would be subject to UBIT. Reason being, selling yogurt is no the general purpose of a solo 401k plan. This tax was created to keep tax-exempt entities on a level playing field with non-tax-exempt entities such as solo 401k plans and IRAs.