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Can I use my IRA along with my 1031 proceeds to buy my replacement property...?
Yes you can,
but it has to be done just right,
and there are some limitations
on how you use your property. Any property purchased by your IRA must be used
for investment purposes only--so your replacement property cannot be a vacation
home for you to use personally and it cannot become your personal residence
in the future. In fact you cannot rent your property out to any disqualified
person, which is your business or any immediate family member except siblings.
In order to
get the full benefit of your
1031 exchange, you must buy and
take title to a property equal
or greater in value than the
one you sold. In addition, if
you use your IRA in your purchase
it will need to take title to
the property for the percentage
it is buying. Specifically, that
portion bought with IRA money
must be titled in the IRA's trust
name.
So how
do you make both these requirements
work? First, the exchange portion
must at least equal what you
sold for. For example, if you
sold for $300K and buy for $400K,
you must take title to at least
$300K of your new property as
the replacement part of your
exchange; the IRA can take title
to the remaining $100K. Keep
in mind that your proceeds from
your old property may not be
enough to cover your $300K purchase
so you will need to make up the
difference with a loan or with
your own cash, but either way,
your IRA can only buy the excess
part of the property. In other
words, the most IRA proceeds
you could use in our example
would be the $100K.
And an important
thing to remember when thinking
about using your self directed
IRA to help purchase your replacement
1031 property is to talk to your
IRA custodian; it could be that
your plan does not even allow
for real estate purchases.
--The
Experts |