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How Do I Actually Invest in Real Estate With My IRA?
First, you open an account with Capital IRA with your new or rollover IRA funds (Tradtional, Roth, SEP or Simple IRA).
Opening a self-directed IRA account with Capital IRA is easy. You
can contribute to your account at any time (subject to IRS contribution
limits). If you have an existing retirement plan, such as a 401K
or other IRA account, you can transfer or roll over the funds to your
self-directed Capital IRA account. If you are transferring an
existing account directly, Capital IRA will take care of sending the
transfer/rollover request to your current custodian. Once Capital
IRA receives the funds, the money will be deposited in an
interest-bearing account in the name of your IRA. Opening an
account typically takes 2 – 3 business days once Capital IRA
receives your IRA funds.
If you are rolling over or transferring an existing account, please allow sufficient time for processing.
Your Capital IRA account must always maintain a $5,000.00 cushion to cover expenses and fees.
Next, find an investment property that meets your investment needs.
Investment in most types of real estate is permissible. This can
include single and multi-family homes, unimproved land, timeshares,
rental property, office and apartment buildings, and can even include
tax liens and mortgages. Remember, the investment property must be
truly an investment and not for your personal use or enjoyment.
Capital IRA does not provide investment advice. However, we will
provide you with necessary information so that you and your financial
advisor can determine whether the real estate transaction you are
planning meets with current tax and other guidelines.
Once you have found the property, you will fill out a Real Estate
Investment Direction form (REID). The REID will tell Capital IRA
all of the details of the property you are planning to buy, and will
include funding requirements and directions. Capital IRA can
provide title and insurance services within our affiliated networks in
order to further streamline the process, making it quicker and more
cost efficient for you. The buyer on the agreement of sale and
the owner of the property is not you personally; it is your IRA.
So, the title owner on the deed will be Capital IRA, LLC FBO [Your
Name] IRA. Capital IRA will send the deposit and other funds as
directed by you. We will review the property documents and paperwork to
make sure it meets our administrative requirements. These
documents may include the Agreement of Sale, Title Report, Copy of
Deed, Closing Statement, Property Management Agreement and any other
documents we may request. Capital IRA will coordinate the
transaction with you, your realtor, your lender, the title company and
any other individuals or companies involved in the transaction.
Capital IRA will sign the closing documents on behalf of your IRA.
Keep “disqualified transactions” in mind
Although the IRS does not specifically regulate real estate purchases
or sales using an IRA, it has very specific rules about transactions
using IRA funds, since you are a separate entity from your IRA.
Prohibited transactions could result in penalties or additional
taxes. Generally, a prohibited transaction is an improper use of
a traditional IRA account or annuity by you, your beneficiary or any
other disqualified person. A disqualified person is you, your
fiduciary and members of your family (spouse, ancestor, lineal
descendant or spouse of lineal descendant). Investments using
your IRA should be "arms length."
You cannot receive any benefit, direct or indirect, from the property
or the transaction, since that would be a prohibited transaction
between you and the IRA. So, for example, you can’t sell a
property you own to your IRA.
You can’t use a vacation property that your IRA owns or rent
yourself office space from a building your IRA owns. Capital
IRA’s legal and professional staff will help you avoid prohibited
transactions.
Capital IRA will keep all of your property records safely at our location.
Expenses and Cash Flow
After the property purchase is complete, all income and profits from
the real estate (such as rent) will be deposited back into your IRA
– and it’s all tax deferred! All expenses of the real
estate (such as property taxes, insurance, condominium or association
fees, utilities, maintenance, improvements and repairs) must come from
your IRA. That is why you need to maintain sufficient funds in
your Capital IRA account for regular and unexpected expenses.
Your Capital IRA representative will discuss funding options with you
– remember that there are annual limits on certain IRA
contributions. You will have to use a property manager to manage
the property, since you cannot directly manage it yourself.
Capital IRA will work with you to locate a property manager within our
affiliate network, or you can hire a property manager of your choice,
so long as the property manager is not a disqualified person according
to Internal Revenue Service rules and regulations.
When it’s time to sell…..
Selling real estate from your IRA is simple. Once you have found
a buyer for the real estate owned by your self-directed IRA, you will
tell Capital IRA how and when the real estate conveyance documents
should be processed. Since Capital IRA FBO [your IRA] is the
Seller, selling documents will be prepared by us and forwarded as you
direct for closing. Capital IRA will deposit all the proceeds
from the sale of the real estate back into your IRA. You can then
purchase additional real estate with your IRA or, if you have reached
the age for distribution, Capital IRA can begin to distribute the funds
according to IRS rules and regulations. |
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