BACKGROUND: We are wanting to start investing our
self-directed solo 401k trust in rental properties. Our major concern on
the first one is the limitations around buying it within our 401k (we can't do
any work on it, have our son mow, etc). This might not be a big deal for
us but it would be nice to have more flexibility while we're learning.
I saw online that we should be able
to borrow the lesser of 50k or 50% of our 401k balance personally. If
this is true, we're thinking we could do that and then buy the property under
an LLC.
Our thought is that doing that would
keep us from having any prohibited transactions with the 401k and would also
allow us to pay interest on the loan back into our 401k to increase its
balance.
QUESTION 1: Does this sound right to you or would you have any
hesitation in doing it this way?
ANSWER: You
are correct that in order to physically do work on the properties, the
properties would need to be purchased outside of the retirement account. Therefore,
yes a solo 401k loan would be the solution since the borrowed funds would no
longer fall under the solo 401k umbrella. To learn more about the solo 401k
loan rules, click here.
QUESTION 2: Secondly, if we did buy another property 50% us and 50%
401k would we, at a later date, be able to buy out the 401k's ownership of it
if we wanted to or would we be stuck at 50/50 until the time that we sold the
property outright?
ANSWER: The transaction you are describing
falls under the tenants-in-common category. Click here and here to learn more about this type of solo 401k investment transaction.
If you as the trustee of the plan partner with the solo 401k to invest in a
rental property under a tenants-in-common transaction, you can never buy out
the 401k plan’s ownership portion because you are a disqualified party. Other
disqualified persons include your spouse, children and parents, to name a few.
However, you could take the property out of the 401k as an in-kind distribution
and pay the taxes on the solo 401k owned portion (the 50%). So, instead of
taking a cash distribution form the solo 401k, you would take the distribution
in the form of an asset (the real estate). The deed would then be recorded to list you or
the LLC as the full owner of the property.
I appreciate your incite,
Donna L.
in Seattle Washington
