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Real Estate IRA FAQs

How is the investment titled?

The buyer of the property is the IRA, a separate entity than the IRA holder. All of the real estate closing documents are titled in the name of the IRA.

How does it work once the IRA owns the property?

The IRA is the owner, therefore any proceeds generated from the property must be paid to the IRA. For example, if you lease your property the rent payments will be deposited into the IRA, tax-free. Conversely, any expense generated by this property must be paid for by the IRA. For example, property taxes, improvement costs, and HOA fees would all be paid for from the cash inside the IRA.

What are the limitations?

While the IRA is the owner of the property, the IRA holder and/or their disqualified parties may not use or otherwise occupy the property. The IRA-owned real estate must be treated as an investment while it remains inside the IRA.

What are the financing options? Do all the funds need to come from the IRA?

IRAs can purchase in three ways. They can buy 100 percent of the property; they can be a partner with other people, entities or even IRAs; or they can obtain non-recourse loans.

If I own real estate in my Midland IRA, how are rental income and expenses handled?

All expenses and rental income flow through the IRA account. With rental income, your tenant would make the rent check payable to your IRA and send it directly to Midland IRA. When expenses for the property are incurred, you would contact us and instruct us to cut a check from your IRA account for a particular invoice.

Can I perform repairs on property owned by my IRA?

No. You must pay for any services through your self-directed IRA. You cannot receive any income or personal benefit from your IRA. Other disqualified person(s) and entities cannot receive income or personal benefit. You cannot make repairs yourself for no pay, because that would constitute as “sweat equity.” Sweat equity is difficult to quantify, but not allowed because all contributions towards an IRA must be in cash. You can choose contractors to be paid through your IRA to perform maintenance and repairs as needed.

If my self-directed IRA can’t buy the property or other investment outright, can I partner my IRA with my personal funds? Who else can I partner with?

If your IRA cannot afford the investment you are interested in, you have several options:

  1. Partner your IRA’s funds with your personal funds. For example, your IRA can own 50 percent and you personally can own 50 percent, which would make you tenants in common.
  2. Partner IRA funds with funds you personally guarantee, like a home equity line of credit.
  3. Your IRA may also partner with someone else’s personal or IRA funds. Please note: The disqualified persons rule may not apply here since you are not transacting with the individual. Therefore, it is possible to partner with your spouse, parent, or child.