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Self-directed IRA & RE investment -- what about deductions?

 
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LongHorn
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I've read up on investing in real estate through a self-directed IRA (which invests in an LLC, then the LLC buys the RE). But the articles all omit one key aspect of real estate investing -- the tax advantages, such as depreciation, mortgage interest and real estate taxes.

Is there a way to invest through a self-directed IRA and not have the tax advantages disappear? One thought I had was to have a partner in the deal who could make use of the deductions.

I have a third party (not a disqualified person) who would go in on the deal with me, and my thinking was he could claim all of the deductions. (Then we would turn around and do another deal, with his self-directed Roth IRA and me, individually, and I would get to claim the deductions on that deal.)

Can any of the CPAs or experienced investors let me know if this is permissible from an IRS standpoint?

I was thinking my self-directed Roth and this third party could form another LLC (I will call the Combo LLC), and then the Combo LLC acquires title and the Combo LLC is on the note. Since my SD IRA won't be claiming any of the deductions, the partner in the Combo LLC could claim them.

Would ownership percentages matter? Mortgage and tax statement would come to the LLC, and IRS won't know if this is a 50/50 deal or 99/1 deal within the Combo LLC. As long as we don't over-claim the tax advantages, will this work?

Obviously neither I nor my self-directed Roth LLC could guaranty the loan, but the 3rd party could, if needed. This deal would be 100% financed, and I'd like to end up owning the asset when note is paid off. But I certainly have need of the partner until then b/c mt SD IRA lacks the reserves to sustain a prolonged period without a tenant.


Thanks in advance!

Last edited by LongHorn; Nov 8th, 2009 at 12:53 PM.. Reason: clarification
 
 
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