Oh Behave! Simple Rules to Follow When Making a Fortune With Your IRA
Here we have seven things that you must know about buying real estate with Roth IRA funds. Even with a roll over IRA, buying real estate is a good idea, but you need to follow a few rules.
Remember that buying real estate with Roth IRA accounts requires that you have a self-directed account. Otherwise, you do not have the option. Choose an experienced custodian and if you are unfamiliar with the market, get some help from experienced investors. Soon, you will be on your way to a secure retirement before you know it!
1) With a standard, Roth or roll over IRA buying real estate cannot give you or your family members immediate benefit. So, you cannot use funds in the account to buy a property that you currently own. Nor, can it be used to buy from your parents, grandparents, children or grandchildren. If you wanted to buy something from your brother, on the other hand, that would be allowed.
2) Buying real estate with Roth IRA or other retirement account funds cannot be indirectly beneficial. For example, if you bought a beachfront property, you can not stay there on vacation. If you bought and office building, you could not rent space in it. The same goes for the family members mentioned above.
3) When it comes to the standard, Roth or roll over IRA, buying real estate presents a unique situation for titling purposes. You and your account are two separate legal entities. You are the account owner, but all deeds and mortgages must be titled to the account, not you personally. It will read something like this; "IRA Investors , Company Custodian for the benefit of John Smith IRA".
4) Most investors recommend that buying real estate with Roth IRA funds should be a cash deal, in order for you to make the most profits. But, the IRA can purchase property even if the balance will not cover 100% of the transaction. You can either partner with another individual or get bank financing (see number 5).
In one example with which I am personally familiar with, on vacation a buddy of mine saw what he thought would be a great investment property. Several acres of undeveloped ocean front land. The funds in his account were not enough to make the purchase, so he partnered with several other family members in order to make the purchase. Each owned a percentage of the property, paid that same percentage in expenses relating to the property and when the time comes, each will take that percentage of the profits.
5) If you choose to go with bank financing for the purpose of roll over IRA buying real estate, you will pay unrelated business income tax or UBIT (Unrelated Business Income Tax). Other investment returns are not subject to the tax, only those that are "debt financing". You can only take a no-recourse loan, meaning that only the property can be re-possessed if you default on the loan. The IRA cannot be used as collateral.
6) When you are buying real estate with Roth IRA or other account funds, you must remember that all related expenses must come out of the fund and all profits or income must be returned to the account. For example, if your account owns a rental property, repairs and general maintenance for the property must come from the account. All rental income goes into the account as well.
Joe Fazchas is a Real Estate investor as well as owner and founder of www.iLOCAdvantage.com, a company that partners with private individuals and lending corporations nationwide for the sole purpose of financing and/or rehabbing investment properties. All of which is done using a proven "turn-key" Real Estate system...The ILOC IRA.
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