REI Wealth Monthly Issue 01 | Page 6

FROM THE DESK OF A SELF-DIRECTED IRA EXPERT KAAREN HALL Bill gave me another call a week later and he revealed his full plan. He had found a great deal on a 4-plex and was thinking of buying it with his IRA. First I explained again that the name of the buyer was “Custodian FBO IRA-Owner”. I also explained that Bill did not sign the offer to purchase himself, but rather he was to give that information to us and we would have the contract signed and returned. He wanted to know why he could not sign the offer to purchase himself so I explained the custodian signs purchase documents on behalf of the IRA. The IRA-owner can sign as “read & approved”. Next came the issue of leverage. Bill wanted to use his IRA as a down-payment on the property. I explained that IRAs are not down-payments (unless the IRA itself is getting a non-recourse loan). Typical lenders do not allow IRAs to be a party to the note because there is no recourse against an IRA. It is possible, however, to have the IRA itself borrow the funds. There are non-recourse lenders out there who make loans to IRAs. The loans are based on location, condition and cash-flow. Sometimes lenders actually want to see a rental agreement signed before they’ll close on a loan like this. These kinds of non-recourse loans are like commercial loans and they have high LTV requirements. The IRA may put 50% into the deal, for example. I provided Bill with a list of non-recourse lenders. When IRAs do borrow money with non-recourse loans, the IRAs can be taxed. The tax is called UDFI (Unrelated Debt Financed Income Tax). Any property held to produce income is “debt-financed property” if at any time during the tax year there was acquisition indebtedness outstanding for the property. This UDFI tax is at the same rate as the estate tax rate (currently 35%). You can read more about this tax at www.IRS.gov Pub 598. Your CPA reports this on a Form 990t. So now we had cleared up the issues of “buyer name” and the use of leverage. At this point in the conversation Bill tells me it was his intention to purchase the four-plex and have his son live in the property.