Article

*** Yes! You Can Use Your Retirement Funds to Buy Real Estate

Topic: Real EstatePublished April 7, 2009

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Many people are surprised to learn that a retirement plan such as an IRA or 401(k) has the flexibility to own real estate. If you're one of those people, don't feel bad. You're certainly not alone!nnCurrently, more than 90 percent of all retirement plans hold nothing but “traditional” assets such as stocks, bonds and mutual funds. That makes sense when you consider that the people who set up retirement plans are usually the same people who sell stocks, bonds and mutual funds.nnBut be assured, you can own real estate in your retirement account. However, there’s one critical thing you must know:nnYou can't personally use your retirement plan-owned real estate - and neither can your family members.nnSo the first question to answer is, do you intend to use the property personally before it is distributed to you from your retirement plan and taxes are paid? Will the property be for "personal use," or purely for investment?nnYour answer to those questions might alert you to the fact that the real estate you are considering is not suitable for ownership by your retirement plan.nn“Personal use” includes living in the property, even if only occasionally. It also means that you cannot allow “disqualified persons,” including family members, to use or live in the property. So if you desire to purchase a vacation property or for use by a relative, your retirement plan is not the way to go.nnFor example, let’s say you find a two-bedroom condominium in Deer Valley at a distressed price and acquire it for $500,000. Ultimately, you rent out the condominium about 40 weeks a year. Even though the condominium stands empty for the remaining 12 weeks every year, you or family members are unable to use it, because doing so constitutes a prohibited transaction.nnSo, if you want to provide a place for your brother-in-law to live, while at the same time building wealth for your retirement, you will not be able to do so and enjoy the tax benefits of a retirement plan.nnBut if you are looking for a way to acquire pure investment properties today - and to put your retirement funds to good use at the same time - consider buying properties in this way. Bear in mind, you will be entitled to all the benefits enjoyed by the other investments that are held by your retirement accounts. The income you get from renting your properties will not be taxed, nor will the money you make when you sell the properties. Those factors alone make the option of IRA-owned real estate worth considering.nnTo learn more cutting-edge strategies for protecting your assets while your wealth grows, read my new book Trump University Asset Protection 101. nn
    nJ. J. Childers is an attorney dealing primarily with the topics of asset protection, estate planning, and tax reduction. He travels the country extensively working with individuals and companies to help them with their small business wealth structuring. He is author of the new book Trump University Asset Protection 101.

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