QUESTION: If I invest my solo 401k in real estate and retain the property until retirement, and the
property is appraised, would we pay Ordinary Income or Capital Gains taxes on
the profit?
ANSWER: Because assets in a retirement
account such as solo 401k plans grow
tax deferred, once distributions commence, whether made in cash or in-kind (in
this case having the solo 401k owned real estate distributed in-kind to you as
the trustee/participant), the amount distributed is taxed at ordinary income
tax levels. Property owned personally outside of tax-sheltered accounts such as
a Solo 401k is taxed at capital gain rates.
However, Roth Solo 401k funds or real estate owned by the Roth Solo
401k that is distributed is not subject
to either ordinary income tax or capital gains tax provided the solo 401k
participant is age 59 ½ and has had the Roth Solo 401k for at least 5 years.
QUESTION: If the solo 401k owned property were a
Vacation Rental, could I rent the property paying full retail price, or is that
also not allowed?
ANSWER: Whether you pay full or partial
retail price for renting the vacation rental, the Solo 401k prohibited
transaction rules do not permit the Solo 401k owner to rent real estate
including a vacation rental owned by his or her solo 401k plan. Visit solo 401k disqualified persons to learn
about all the persons considered disqualified with respect to a self-directed
Solo 401k.
Thanks again...AK
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