Wouldn’t it be great if you could use your IRA retirement funds for real estate investments? How about purchasing rental property using your IRA tax breaks? This is possible if you use a qualified trust company that acts as your custodian account holder. You can even transfer your corporate entity like a limited partner (LP) or a limited liability company (LLC) into a trust account. There are a few catches though:
You cannot use your family, relatives or your own property for these types of accounts. The IRS would consider you as a disqualified person. Or use your property for any personal use. The property has to be strictly for investment purposes only.
If you are under 60 years old and decide to use your property, you would have to close your trust account and pay taxes and other penalties.
Earnest deposit money for the purchase of investment property must first be transfer to your trust company. After you receive your IRA number, the trust company would pay for the down payment. Remember, investment property cannot directly be in your name.
All properties being financed and transferred to your trust company would require a non-recourse promissory note. The lending institution can only look to the property for securing the note for collateral. The trust company would not be responsible for any un-paid taxes or delinquent payments and there could be unrelated business taxable income such as state taxes.
Mobile homes, time shares, foreign real estate wouldn’t count. If you purchase property through a foreclosure, auction or tax sale, you would have to close the sale first before you can transfer into your trust.
Earnest deposit, insurance, taxes, debt or other expenses must be paid by your trust company to any unrelated third party. Your name cannot be directly connected to any payments for you to maintain IRA status. It would be wise to have all your utilities, etc. sent to your own address so you could authorize the payments to be paid by your trust company. All expense payments should come from your trust account and of course not in your personal name.
Rental producing properties require a third party property manager. If not, the IRS would consider you as a disqualified person. If the trust company receives a monthly or quarterly income & expenses statement, the property manager can pay for expenses from rent monies. If you carry liability insurance then the policy would be in your trust account, not your personal name.
Appraisal would be required every three years in order to update your IRA account. You may use a real estate broker if accepted by your trust company.
You may sell your property and even have your trust pay for the financing of the sale. The proceeds would be given to your trust then transferred for you to reinvest the cash however you choose.
Using tax breaks and creative financing for leverage while investing in a property for 30 or 40% below market value, I believe you would exceed the standard IRA’s and be on your way to a successful retirement.