Thursday, May 9, 2013

Solo 401k Real Estate Purchase | Tenants in Common | Business




Thanks for taking my call and explaining the way to approach this project. Please can you share some links to educate myself about "tenant in common".

ANSWER: Please click here to learn about using a solo 401k to invest in real estate under a tenants in common and to see a list of scenarios. 

Below are some questions I have about this transaction.
1) What should be the name in the contract (deed) to represent solo 401k. Below is the name we used to open the bank account.
ABC LLC Solo 401k Trust; EIN 46-xxxxxxx FBO Jane Doe; Trustee

ANSWER:
Following is sample way to list the solo 401k and a business as the buyers on the real estate:

Method 1: Jane Doe, Trustee of the ABC LLC Solo 401k Trust, undivided 20%, and (list the name of the business), an undivided 80% interest


Method 2: ABC Solo 401 LLC Solo 401k Trust f/b/o Jane Doe, Trustee, an undivided 20%, and (list the name of the business), an undivided 80% interest

2) Should the company and the 401K sign a Joint Venture agreement?

ANSWER: A joint venture agreement would not apply because the real estate will be owned directly by the solo 401k and the business; therefore, the recording would be listed under a tenants in common arrangement.

3) Is there any other document I need to fill?

ANSWER: You will need to complete the typical documents applicable to a real estate purchase, such as purchase contact, settlement agreement, escrow instructions, etc. You may also use our real estate purchase form to help document the purchase. Here is the link.



4) The company is paying 2,500/- Earnest Money Deposit to secure the contract. Should Solo 401K contribute 20% as well or is it sufficient for solo 401k to bring in 40% of the purchase price for settlement?

ANSWER:  It is imperative that the solo 401k put up its applicable percentage of ownership total in the property towards the earnest money deposit. Therefore, if the solo 401k will own 20% of the property it must put down 20% of the earnest deposit money.

PE in Arizona

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