Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
Results (9,312+)
Matt Zimmerman Will a LLC be needed in this scenario?
20 November 2017 | 3 replies
Fannie Mae & Freddie Mac prohibit you from getting the loan in the name of the LLC. 
Bradley Shive Self Directed IRA's - anyone have experience?
30 September 2016 | 20 replies
Any sweat equity work like repairs has to be done by a non disqualified party; therefore, you cannot do repairs on real estate owned by her IRA.The lenders listed on the following link will loan to an IRA or a solo 401k. https://www.biggerpockets.com/blogs/3441/51027-nonrecourse-loan-debt-for-self-directed-solo-401k-investment  Following are the similarities and differences between the solo 401k and the self-directed IRA.The Self-Directed IRA and Solo 401k Similarities Both were created by congress for individuals to save for retirement;Both may be invested in alternative investments such as real estate, precious metals tax liens, promissory notes, private company shares, and stocks and mutual funds, to name a few;Both allow for Roth contributions;Both are subject to prohibited transaction rules;Both are subject to federal taxes at time of distribution;Both allow for checkbook control for placing alternative investments;Both may be invested in annuities;Both are protected from creditors;Both allow for nondeductible contributions; andBoth are prohibited from investing in assets listed under I.R.C. 408(m).The Self-Directed IRA and Solo 401k DifferencesIn order to open a solo 401k, self-employment, whether on a part-time or full-time basis, is required;To open a self-directed IRA, self-employment income is not required;In order to gain IRA checkbook control over the self-directed IRA funds, a limited liability company (self-directed IRA LLC) must be utilized;The solo 401k allows for checkbook control from the onset;The solo 401k allows for personal loan known as a solo 401k loan;It is prohibited to borrow from your IRA;The Solo 401k may be invested in life insurance;The self-directed IRA may not be invested in life insurance;The solo 401k allow for high contribution amounts (for 2016; the solo 401k contribution limit is $53,000, whereas the self-directed IRA contribution limit is $5,500);The solo 401k business owner can serve as trustee of the solo 401k;The self-directed IRA participant/owner may not serve as trustee or custodian of her IRA; instead, a trust company or bank institution is required;When distributions commence from the solo 401k a mandatory 20% of federal taxes must be withheld from each distribution and submitted electronically to the IRS by the 15th of the month following the date of each distribution;Rollovers and/or transfers from IRAs or qualified plans (e.g., former employer 401k) to a solo 401k are not reported on Form 5498, but rather on Form 5500-EZ, but only if the air market value of the solo 401k exceeds $250K as of the end of the plan year (generally 12/31);When funds are rolled over or transferred from an IRA or 401k to a self-directed IRA, the amount deposited into the self-directed IRA is reported on Form 5498 by the receiving self-directed IRA custodian by May of the year following the rollover/transfer.Rollovers (provided the 60 day rollover window is satisfied) from an IRA to a Solo 401k or self-directed IRA are reported on lines 15a and 15b of Form 1040;Pre-tax IRA contributions on reported on line 32 of Form 1040;Pre-tax solo 401k contributions are reported on line 28 of Form 1040;Roth solo 401k funds are subject to RMDs;A Roth 401k may be transferred to a Roth IRA (Note that from a planning perspective, it may be advantageous to transfer Roth Solo 401k funds to a Roth IRA before turning age 70 ½ in order to escape the Roth RMD requirement applicable to Roth 401k contributions including Roth Solo 401k contributions and earnings.)
Christopher Kaflik Is a house built in 1840 even worth looking at?
5 September 2016 | 4 replies
that cost would be prohibitive
Dana Regan loan as a private company
1 July 2016 | 8 replies
Well, those costs are multiplied when doing it for multiple properties all at once so that can be cost prohibitive.  
Andrew Choi Regarding Syndicator and Credibility
13 November 2016 | 7 replies
Also, the syndicator is prohibited from "general solicitation", which means they can't advertise their offerings or even prior track record (known as "priming" the market) via ads, emails, forum posts, etc.  
Sid Shankar 401k to self directed IRA for rental investment
16 September 2019 | 5 replies
For the IRA to pay just the down payment is considered a prohibited transaction by the IRS.
Robert Ellis Avoiding a recession: How do you know when it's coming?
12 December 2018 | 7 replies
@Russell Brazil hit the nail on the head - the 2 main ways to prepare for recession are:1) don’t over-leverage (buy properties in cash or put more down): this keeps your monthly loan pymts reasonable & gives you a buffer2) maintain cash reserves: in case you have to come out of pocket to cover extra vacancies, etcDoing both 1 & 2 are tough & will prohibit you from buying as many properties as you otherwise could - that’s kind of the point ;) Fewer properties with stronger balance sheet is key.Months of inventory is a great way to measure the health of a market & trends in a market.
Grant Doyle Just purchased property, tenant wants to move out.
27 October 2019 | 27 replies
If it was you that wanted to break the lease, or do something prohibited, they would hold you accountable. 
Stephen S. Can I turn the electric off ?
6 February 2015 | 12 replies
I know I can't just turn it off in my state, but quick check of Florida says this:83.67 Prohibited practices.—(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.It also says tenant can sue for 3 months' rent and attorney fees, or something similar.  
Dorian Jones I'll have about 30k to invest
28 June 2019 | 4 replies
This is one difference between a self-directed IRA and the Solo 401k, as the IRA does not allow for participant loans.A few other Solo 401k benefits: Compared to an IRA, Solo 401k contribution limits are roughly ten times higher.There is no custodial requirement for the 401k.You don't need the additional expense and administration of an LLC to have checkbook control.There is a built in-Roth component whereas IRAs are either traditional or Roth, not both.A spouse can also participate in the same Solo 401k plan.The Solo 401k has additional tax benefits over an IRA when investing into real estate using leverage.The penalties for prohibited transactions are less severe, though it's best not to utilize this benefit :)