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The Fastest Way To Blow Up Your IRA





Do you think the Real Estate IRAs fancy? A misstep and you can destroy all the tax savings you are entitled to in an Individual Retirement Account (IRA). Take this Fairmark Tax Tips to the heart and forget about mixing real estate investment with IRA.

From Fairmark:

Prohibited Transactions

A prohibited transaction occurs when you interact with your IRA in certain ways. Here are some of the things you aren't allowed to do:

You can't sell property to your IRA, or buy property from your IRA.
You can't loan money to your IRA, or borrow money from your IRA.
You can't use the account, or any part of it, as security for a loan.
You can't receive goods or services from your IRA, or provide goods or services to your IRA.
You aren't allowed to do any of these things directly or indirectly. That means you can't avoid this rule by having your IRA deal with a company you own, or with a family member. And these are outright prohibitions: they aren't allowed even if you do everything in a fair and reasonable manner.

Poor Disclosure

Many people who buy real estate in their IRAs are unaware of these rules. Companies that promote real estate investments for IRAs may mention the issue in general terms, but rarely make adequate disclosure. They don't want to discourage you from using their services, so they make a vague reference to some rules you should discuss with your tax professional. They're aware that many of their customers won't bother to check with a pro, and besides, there are plenty of tax professionals who don't know these rules.

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Comments
>>> br Commented on March 18, 2007

As one who has been self directing an IRA now for two years I find some of the comments here to be overly discouraging and - at best - misleading.

Fairmark states: You can't sell property to your IRA, or buy property from your IRA. "

No, but you can take property as a distribution from the IRA at normal retirement age (or early via the IRS 72t provision) For instance: You buy a dandy condo at a great pre-construction price. You can't live in it, but you can rent it until you retire and then take it as a distribution. Yes, you'll pay taxes on the distribution, just as you would on a stock or bond.

Fairmark: "You can't loan money to your IRA, or borrow money from your IRA."

True. But you can borrow from someone else's IRA. And you can loan money to others. ( Something I'm having good success with)

Fairmark: "You can't use the account, or any part of it, as security for a loan."

Not quite true. You can borrow against real estate held in the IRA. However,the loan must be non-recourse to you personally as well as to the IRA's other assets. Only the specific property loaned against can secure the loan.


Your comments about poor disclosure are probably true. But is this a good reason for avoiding this investment alternative? One can get poor and/or improper advice from just about anywhere. There are reputable custodians out there who will help with the education process. Like all investing, information is essential and there is a world of information available on the internet as well as from IRS pubs. Self directed IRA investing requires that you do some homework, but once you know the rules, it is a great way to invest.


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