Using a Self-Directed IRA to Invest in Real Estate
Navigating the Rules for IRS Compliance by Erica Campos and Eric Feldman Investing into a retirement fund is one of the most crucial financial decisions a person makes throughout their life. Many individuals choose to do so through use of an Individual Retirement Account (IRA). If one elects to invest in real estate using their retirement fund, it is imperative to understand the differences between the types of IRAs. Various IRAs provide different tax and economic growth opportunities; the most common being Traditional and Roth accounts. However, alternative accounts such as Self-Directed IRAs are similar to traditional options but also offer their own unique investment benefits. Like a Roth or Traditional IRA, Self-Directed IRAs are governed by the same eligibility and contribution regulations set forth by the IRS. In both a Traditional and Self-Directed IRA, an individual is allowed to contribute up to $6,000 per year if they are 50 and younger while if over the age of 50, $7,000 per year is authorized. Further, both types of accounts allow an individual to withdraw money only after they turn 59 ½ years old. The key differentiation that sets a Self-Directed IRA apart from a traditional account are the types of investments that an individual can make. Traditional and Roth accounts require funds be invested into publicly traded securities such as CDs, mutual funds, and stock. Self-Directed IRAs allow a person to invest in various types of investments, including real estate. Of course, like any other type of investment, using IRA funds to invest in real estate comes with its own set of regulations to navigate and interpret. Some of the most relevant include: A. Understanding a “disqualified” person, B. The type of benefits one can gain from this investment, C. How to title and maintain the property purchase and sale. According to 26 USC, it is prohibited to transfer assets owned by your IRA to, or use to the benefit of, a “disqualified person.” The code defines a disqualified person as someone who is a family member, employer, estate or trust, business, or anyone providing services to the IRA. Meaning that neither the owner, nor anyone related to them, will be able to benefit from the property. Additionally, the IRS prohibits a disqualified person from being paid to perform maintenance on the property. As set forth in IRS Pub 590, a transaction that benefits the IRA’s owner or a disqualified person is classified as a prohibited transaction and the account will become void as of the first day of the year that the transaction took place and can be considered taxable. As a general rule of thumb, it is important to keep in mind that the IRA and the account holder cannot simultaneously generate economic benefit from any asset owned by the IRA. Understanding how to distinguish prohibited transactions becomes clearer when considering that the account holder and the IRA are classified as two separate entities by the IRS. Therefore, a real estate purchase made through an IRA will always be titled in the name of the IRA’s custodian and for the benefit of (“FBO”) the account holder. Since banks and common financial brokerages often do not allow for IRA real estate investments, it is important to seek a custodian who is highly specialized in IRS rules regarding real estate investments. Using a Self-Directed IRA to invest in real estate can offer numerous benefits that go beyond traditional IRA investments. Investing in real estate can mitigate the risk that comes along with investing in stock. Historically, the housing market is more stable than the fluctuating economy and a real estate investment offers a reliable source of growth for your IRA account. Additionally, investing in real estate offers its own set of tax benefits. Self-directed IRA tax benefits function like a Roth or a Traditional account. A Roth Self-Directed IRA operates like a typical Roth IRA in the way that earnings from a real estate investment will be taxed before retirement and distributions after will be tax deductible. In a Traditional Self-Directed IRA, real estate investments will be tax deferred until after retirement. Nevertheless, using a Self-Directed IRA to invest in real estate offers tax options that are not typically available to a standard real estate investor. Tax advantages also add to the future benefit one could gain through real estate investment with their IRA. Though a real estate purchase cannot directly or indirectly benefit an account holder prior to retirement, that is not to say such a person would never be able to utilize their property. If the purchased real estate is bought with expectations to be enjoyed after retirement, renting the property until then can allow the account holder to pay off the mortgage using tax-deferred savings. After retirement or the age of 59 ½, an individual can simply withdraw the property from their IRA before occupying it. Still, enjoying the benefits of investing in real estate with a retirement fund comes at the cost of taking the time to understand and learn the complex regulations that dictate Self-Directed IRA investments. This research is more suited for an investor who wishes to be actively involved in their IRA account, as noncompliance with IRS regulations can cause substantial loss. Even a hands-on investor will require the help of a highly qualified IRA custodian for real estate investments. These types of custodians can be expensive and commonly charge extra for the additional services they will need to provide for a real estate purchase. The expense of a qualified custodian is but another cost that comes with real estate investment along with maintenance, repairs, insurance, etc. Investing in real estate using a Self-Directed IRA can offer unique growth and tax advantages so long as they are achieved within IRS regulations. Being mindful of disqualified persons and prohibited transactions can already put someone ahead of the curve when it comes to making informed real estate investments with their retirement account. Still, even for experienced investors, seeking legal and financial assistance in order
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