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ARTICLES

Invest in Real Estate with Your IRA

By Gregory Herman-Giddens, JD, LLM

Are you worried about having too much of your retirement funds in the stock market or interested in obtaining a potentially better return? If so, consider using your IRA to purchase investment real estate. IRS rules allow IRAs to purchase many types of investment property, such as single or multi-family dwellings, commercial buildings, raw law, or vacation property.

Here’s an example. Joe is looking forward to retiring in a few years and moving to the beach. After a couple of years of looking around, Joe finally finds his perfect retirement home. However, without selling his current home, he does not have enough cash to purchase a retirement home, and does not want to take on a large mortgage payment. After speaking with his tax advisor, he finds he can roll over his 401(k) with a former employer into a self-directed IRA. He then directs the custodian of the IRA to purchase the beach house with the $350,000 in the IRA. After the purchase, he makes improvements to the property using some of the funds in his IRA and begins renting it out. All expenses are paid out of the IRA and all income goes back into IRA, with no tax due as the income is received.

Five years later, when Joe is 60, he retires and directs the IRA custodian to distribute the beach house to him. He then pays income taxes on the value of the home, but is in a lower tax bracket since he no longer has any earned income. The accumulated rental income and the earnings on such income remain the IRA for Joe to withdraw at later date.

There are a few restrictions. You cannot buy a property you already own or from certain family members. In addition, to the extent that financing is used to make the purchase, income generated from the investment property is subject to unrelated business taxable income. Finally, it is necessary to have a qualified self-directed IRA custodian selected prior to the purchase.

Investing in real estate using your IRA can be a great way to increase the return on your retirement dollars or purchase that retirement property you’ve always dreamed of. However, it is important to work closely with a your tax advisor to ensure that the transaction is structured properly.

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