So here is what I have learned, and tell me if I am wrong and also tell me if my plan sounds insane.
1. If my Father uses the money for a disqualified party, he has to pay a 15% tax on the money used. With a 10% return, that would put him at a -5% return on the money. This makes lending the money within a 401k prohibitive unless he gets a return of 15% +.
2. My father recently retired and has a significant 401k, and also a 400k mortgage left on his home that is appraised at $1,000,000. He had the idea that he wanted to take the money out of his 401k in order to pay down the remainder of his mortgage so he can live stress free and not have to worry about cashflow in retirement. However, he realized he would have to pay taxes on any money that he took out of the 401k which dashed his dreams.
I thought of a solution that may solve both of our problems. If the average tax rate is 30%, we can estimate that he will need to pay $90,000 on $300,000 loan. So if he takes out $300,000 and lets me use it for a flip he will have a $90,000 tax bill. If he does this in January 2016, he will not have to pay the tax until April 2017. This would give me over a year to do enough deals that give him the return he needs to cover his tax bill. If he loans me money at a 12% rate, he would make $36,000 per deal, meaning it would take 2.5 deals for him to free up $300,000 and essentially wash away any tax bill. He then can use the money to pay down his home mortgage over 2 years.
Does this plan seem to make sense, and can anyone else find holes in it?