INVESTMENT GUIDE

Real
Estate

From office buildings to raw land, your self-directed account can tap into the booming real estate market. Whether you’re an experienced real estate investor or looking to get started, we’re here to help.

Commercial residential building

Table of Contents

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AT A GLANCE

What Should You Know About Investing In Real Estate?

Any account offered by NDTCO can invest in real estate.

An IRA can purchase any type of real estate, including residential, commercial, raw land, agricultural, and more. The IRA can buy the property outright, meaning the IRA is the title holder. If the IRA does not have the full purchase price, the IRA can partner with a person, company/entity, or another IRA. It can also secure a non-recourse loan to buy real estate.

Real estate in an IRA provides the opportunity to generate income from rent, appreciation, fixing and flipping, and more.

It has been possible to participate in real estate as an asset since the inception of IRAs. What has not always been easy is finding a custodian who is willing to service this type of investment. The IRS requires an authorized custodian for all IRAs. Not all custodians handle real estate, but New Direction Trust Company does.

You, the IRA holder, along with your real estate financial professional, select the property and negotiate the terms. New Direction Trust Company makes sure that the account is custodied correctly, and paperwork substantiates that the asset is part of your IRA and, thus, deserves the tax benefits associated with the account type.

Possible Structures for Your IRA to Participate in Real Estate​​

A real estate contract is written between the IRA and the seller. Funds from the IRA are sent to closing for the purchase and the IRA takes title to the property directly.

Your IRA can own a private equity percentage in an entity (LLC, land trust, LP, etc.) that invests in real estate. By partnering with an entity, you can also own Real Estate. 

If you’re not keen to take out a loan, your plan can partner with other investors, their plans, and even yourself. 

  • Does your account lack the funds to buy an asset outright? No problem! An account can take out a non-recourse loan to finance the acquisition of a property or boost its purchasing power to purchase more. 
  • The loan must be a non-recourse loan, meaning personal finances of the IRA holder or another disqualified person cannot guarantee the loan. Non-recourse loans are typically made on income producing property and typically require 35-40% down payment. 
  • For a list of non-recourse lenders, click here. NDTCO is always here for assistance however cannot recommend or endorse any specific non-recourse lenders.  

You can think of your IRA as a private lender. Your IRA can lend money to non-disqualified persons and secure the note with real estate holdings and/or other assets if you like. You and the borrower decide on the term, collateral, and the rate. 

Due Diligence

As the IRA holder, you are responsible for performing due diligence on your IRA’s investments. Neither the IRS nor NDTCO researches or endorses the investments, properties, property managers, real estate agents, or title companies, involved in your IRA’s transactions. A competent professional in the legal, financial advice or accounting fields can also be engaged if you need additional help deciding if the investment being considered is legitimate, meets your risk tolerance parameters, and is right for your investment goals. 

Fees

FEE UPDATE NOTICE

As we continue to build upon our legacy of top-level client service and user-centered technology advancement, including adding increased functionality to our online portal and offering even more educational content — we remain focused on empowering you to reach your financial goals. These changes will go into effect November 15, 2024.

You can view the new fee schedule here.

ANNUAL ADMINISTRATION FEES

(Assessed and billed annually per asset on the anniversary month of your first investment)

Real Estate Assets$390 per asset
Mortgage on Real Estate$275 per asset

PROCESSING FEES

Purchase, Sale, or Exchange$250
Purchase of Real Estate with a Non-Recourse Mortgage$345
Express Processing$500

OUTGOING MOVEMENT OF FUNDS

Due when funds leave your account

ACH$0
Check$20
Cashier or Official Bank Check$35
Wire$35
International Wire$35
Overnight Mail$50
Returned Item or Stop Payment Request$50

TRANSFERS OUT AND DISTRIBUTIONS

Partial (no minimum, maximum of $275).5% of value
Full ($100 minimum, maximum of $275).5% of value
In-Kind Asset Registration$50

Transfers out and distributions carry the charges above plus applicable movement of funds fees. Required Minimum Distributions (RMDs) are only charged applicable movement of funds fees and in-kind asset re-registration fees.

Disqualified Persons/Entities

All IRAs have a list of people who are disqualified from having certain interactions with that account. Below is a graphic that delineates which persons are disqualified. Keep in mind that any entity that is owned or controlled by a Disqualified Person is also disqualified. 

  • Neither the IRA holder nor any other Disqualified Person to that IRA may live in or use the property. 
  • Disqualified Persons cannot work on the property, for free or for pay. “Sweat equity” is not allowed. Any remodeling, repair, improvement, and even maintenance must be performed by a non-disqualified person or entity. 
  • Your IRA cannot purchase a property from you or any Disqualified Person, nor can your IRA sell a property to a disqualified person. 
  • Neither you nor a Disqualified Person can guarantee a loan for an IRA property. 
  • Disqualified Persons are not allowed to be paid by the IRA. 

NON-DISQUALIFIED PERSONS INCLUDE:

  • Brother
  • Sister
  • Brother-in-law
  • Sister-in-law
  • Niece
  • Nephew
  • Aunt
  • Uncle
  • Cousin

DISQUALIFIED PERSONS & ENTITIES INCLUDE:

  • The account holder (you)
  • The account holder’s linear ascendants (parents, grandparents, etc.)
  • The account holder’s linear descendants (children, grandchildren, etc.) and their spouses
  • Fiduciaries to the account (accountants, financial advisors, attorneys, etc.)
  • Tax-advantaged savings accounts held by any of the aforementioned individuals
  • Businesses or entities owned or controlled by any of the aforementioned individuals
  • Spouse
  • Children of spouse

REAL ESTATE

The Investment Process

The Investment Timeline

Make an Offer

Offers must use the IRA titling below to indicate the buyer. DO NOT put the contract in your personal name. If an offer/contract has been made in your personal name, we can accept an amendment to the Contract showing that the owner is the IRA. Or, the purchase process can be restarted, including a new offer/contract. Do not pay the earnest money personally. If Earnest money needs to be paid before the IRA can pay it, have a non-disqualified party pay the earnest money and the IRA can reimburse the Non-Disqualified person once funds are available.

Once you have a fully signed contract, complete an online Real Estate Buy Direction Letter. Copies of all signed documents for the transaction can be uploaded to NDTCO while completing your online Real Estate Buy Direction Letter. A New Direction Transactions Specialist will be assigned to your Real Estate transaction and work with you and your title company to provide guidance and corporate documents needed for your IRA investment. 

Titling

When investing with your retirement account, all paperwork for that investment must indicate the IRA as the buyer and NOT the IRA holder (you). The client can sign the offer/contract and anything PRIOR to closing or insurance docs. Please complete all investment documents using the following guidelines: 

  • BUYER/OWNER NAME 
    NDTCO, as custodian, FBO Client First Last Name IRA 
  • BUYER’S ADDRESS 
    New Direction Trust Company 
    1070 W. Century Dr. 
    Louisville, CO 80027 
  • DO NOT SIGN ON THE INVESTOR’S / BUYER’S SIGNATURE LINE ON CLOSING DOCUMENTS OR INSURANCE POLICIES. 
  • You, as the IRA holder, are NOT an authorized signer for the IRA. Only authorized signers of New Direction Trust Company can sign for insurance documents and closing documents. 

Titling for Partnerships

If you partner your IRA with a disqualified person or with another IRA, you must establish the percentage of ownership at the beginning of the investment and that percentage cannot change throughout the life of the investment. Those percentages will be used to divide up the incoming revenue and pay all expenses throughout the life of the investment, including earnest money. The vesting would be shown as follows, assuming a 50/50 split: 

  • NDTCO, as custodian, FBO Client First Last Name IRA, as to an undivided 50% interest, and First Last Name, as to an undivided 50% interest. 
  • NDTCO, as custodian, FBO Client First Last Name IRA, as to an undivided 50% interest, and NDTCO, as custodian, FBO First Last Name IRA, as to an undivided 50% interest. 
  • Titling for Inherited IRA Accounts: NDTCO, as custodian, FBO Client First Last Name, Bene – Client First Last Name, Dcdt IRA 

Escrow (Earnest) Money

Once we have received a fully executed vested contract and a completed Real Estate Buy Direction Letter, NDTCO will issue earnest money, also referred to as a down payment or deposit. Completed paperwork is subject to a 3-business day review period once NDTCO receives it. 

For those who need earnest money sooner, with the actual offer, there are a couple of options: 

  • You may have the broker issue an earnest money promissory note. 
  • You may have a non-disqualified person pay it and your IRA can reimburse them later. For the reimbursement of Earnest Money and verification of payment, New Direction Trust Company will ask the title company for a receipt of payment. 

Disclosures and Amendments

Clients may sign all the amendments and disclosures through the purchase process for the IRA, including the Contract. Copies of all signed documents for the transaction should be submitted to NDTCO. Upload copies of all signed documents for the transaction to NDTCO while completing your online Real Estate Buy Direction Letter or through your client portal in the messaging center. 

Closing Procedures

Due to IRS, State, and Procedural regulations regarding real estate transactions, the custodian is responsible to ensure certain guidelines are observed. To satisfy these requirement, NDTCO will need: 

  1. An executed Contract 
  2. A completed Real Estate Buy Direction Letter 
  3. Complete/correct closing documents
  4. Proposed Deed 
  5. Wire Instructions 
  6. Title Commitment 
  7. Loan documents if the property is leveraged 

In order to ensure a smooth closing and timely funding, ALL complete and correct documents must be received by NDTCO at least 3 full business days prior to funding or closing date. Forms received after 12:00pm Mountain Time will be considered as having arrived next business day. 

Once we receive the paperwork we will review, sign and send documents overnight (with tracking) to the closing. We will also prepare and process the funding and send a wire so funds arrive at the title company on the day of closing. We DO NOT attend closing. Please work with your title company to ensure NDTCO receives a complete set of fully executed and recorded documents. Fully executed and recorded documents should be uploaded through the client portal, under messages. 

REAL ESTATE

After the Purchase

Managing Property Income

NDTCO enrolls all real estate assets in our complimentary deposit service, at the time the transaction is processed. This unique ID will be specific to your NDTCO account and a single asset in your account. You will receive a specific ABA/routing number and account number via portal message, which you can give to your property manager, rental company, or tenants, that would like to set up direct deposits into your NDTCO account. No fees apply for a Deposit Service setup, this is included in your NDTCO annual administration fee.   

Benefits of using our Deposit Service: 

  • Funds will automatically be allocated to appropriate asset. 
  • Funds are available quicker (at no additional cost), not subject to a 5-business day hold.  

Your IRA’s tenants have the option to make rent payments online via ACH at portal.ndtco.com and it’s FREE! All they need to do is click the “Pay Now” button.  

Incoming funds will have a 5-business day hold before the funds are available in your account. 

All income from the property belongs to your IRA. Instruct your renters to make the rent checks payable to your IRA as follows: NDTCO, as custodian, FBO Client’s Name IRA.  We cannot split checks. Each IRA account has to have its own separate rent check for partnered properties. The checks should reflect the same percentage of ownership listed on investment documents.  

We cannot deposit any income checks into your IRA that are made payable to you personally. Any such checks will be returned to the renter with correct payee instructions. All checks need to be accompanied by a deposit coupon.  

There is a 5-business day hold on incoming rent checks beginning on the date of deposit. 

You have the option to set up automatic rent payments with your tenant using the Authorization Agreement for Direct Withdrawals form.  

Automatic ACH withdrawals will need to be cancelled, if the tenant is no longer renting from you. To cancel an automatic ACH withdrawal, please submit a new Authorization Agreement for Direct Withdrawals form and check the cancellation box indicating your intent. 

Managing Property Expenses

All expenses for the property are the IRA’s responsibility. Bills for the property need to be sent to the client directly, and then can be paid directly from the IRA using our online Bill Pay System. Bills paid by personal funds can be considered an excess contribution or potentially a prohibited transaction, subject to penalty by the IRS. You have three ways to manage expenses generated by your investment in Real Estate. 

Use the 24/7 bill pay feature on your client portal to execute payment. Simply submit a free one-time bill payment through our online Client Portal. 

You may set up recurring payments for HOA or Mortgage bills through your Client Portal’s “Pay Bills” page. You can remove, update the amount, frequency and start date of any scheduled HOA or Mortgage bills from the “Pay Bills” page. It is a good idea to keep records for property expenses in your personal files. 

Property Managers may set up a trust or escrow account that is used for receiving rent and paying any expenses.  

After the non-disqualified party pays a bill on behalf of your IRA, you can use our online bill pay system to reimburse a non-disqualified party. 

Insurance

The IRA should be named insured. Some insurance companies will only put an individual’s name as the named insured. If this is the case, they can list you (personally) as the named insured, but they must show that the IRA is the “First Mortgagee” or the “Loss Payee”. When insurance companies will not allow the IRA to be named as the insured there are often challenges getting the reimbursement check into the IRA, causing significant frustration for some clients.  Many clients have found it easier to choose an insurance company that will allow the IRA  to be named as the insured as it prevents issues should a claim ever need to be filed.    

  • In the event of a claim, the check MUST be made payable to the IRA and mailed to NDTCO for deposit. The address shown for the insured is NDTCO’s address. DO NOT PAY the insurance bill with personal funds. If an insurance bill is paid outside the closing or not escrowed with a mortgage, submit a payment using the Online Client Portal. 
  • Any expenses for your IRA can be paid through the online bill pay. Invoices/bills should be set up as follows: IRA c/o New Direction Trust Company.
  • Only authorized signers of NDTCO can sign for insurance documents. 

Agreements

Lease/Rental Agreements

Rental and lease agreements must be signed by NDTCO. Please upload any signed Rental or Lease agreements through the Client Portal messaging system.   

Property Management

  • Your property manager must know that your IRA owns the property, not you. 
  • Choose a property manager who is not a “Disqualified Person” or an entity owned by a disqualified person. 
  • We require a Property Management Agreement and the Property Management Acknowledgement Letter on file at NDTCO. The Property Management Agreement must be signed by NDTCO. 
  • We will need at least a quarterly report from the property manager showing all income and expenses paid for the property. Quarterly reports can be retrieved from the property manager and uploaded directly to NDTCO through the client portal.  
  • For further information on how to manage expenses and rental income, reference Managing Property Income/Expenses section above.

Selling Your IRA-Owned Property

Make sure your IRA is listed as the seller and not you personally: NDTCO, as custodian, FBO Client Name IRA.  

Sign the offer and complete the online Sell Direction Letter. You can upload a copy of your contract to NDTCO while completing the Real Estate Sell Direction Letter. Submit your Real Estate Sell Direction Letter and Contract as soon as the property is under contract.

Please sign the contract as follows: 

  • On pages requiring the seller’s signature, sign as the seller. Please write “As Beneficiary of” and the name of the IRA(s) (titling).  The seller’s name should be the same titling as it was on the original deed when the property was purchased.  
  • Please note you are allowed to sign contracts, counteroffers/addenda, leases and disclosures regarding property within your IRA (except all closing documents and Insurance). 
  • You receive the closing documents from the title company and review them for accuracy and completeness. Use the Client Portal messaging system to securely send the documents to us.  
  • We sign as the seller and email or overnight mail the documents to the title company. We also provide them our wiring instructions with your IRA name and account number indicated. 
  • The title company wires your proceeds back to your IRA account with us and we record our asset on our books as sold. The asset is removed from your IRA. 

Please Note: ALL complete and correct documents, including closing documents, must be received at least 3 full business days prior to closing date. Forms received after 12:00pm Mountain Time will be considered as having arrived next business day. 

Prohibited Transactions

The following actions are considered prohibited transactions and could result in the distribution of this asset from your plan. Prohibited transactions apply to all disqualified persons to your plan.

  • Purchase, sell, or exchange assets with the account 
  • Yield a commission/fee for the purchase, sale, or exchange of assets 
  • Rent, occupy, or otherwise use property owned by the account 
  • Personally execute renovations/repairs on property owned by the account 
  • Retain account earnings on a personal basis 
  • Cover account expenses with personal, non-account funds 
  • Use of your IRA’s assets as collateral for a personal loan 
  • Use of your IRA’s assets to guarantee credit for a loan on the property 
  • Buying or selling a property from or to a disqualified person 
  • Receive rent payments directly instead of having them go to the IRA 
  • Use the property personally as a vacation home or any other reason 

All expenses for the property are the IRA’s responsibility. Never pay any bills with personal funds. Such payments may be considered prohibited transactions, which could jeopardize the tax-advantaged status of your IRA.

Annual Fair Market Valuation

Per IRS regulations, you must submit Fair Market Value (FMV) information for your IRA-owned real estate once per year at a minimum.

Failure to provide an annual valuation may result in the taxable distribution of your asset. Accounts that have shown no activity, including the valuation, will not be held by NDTCO because we cannot meet the IRS requirement to annually update the value of your IRA and file an accurate IRS Form 5498 for your account.  

To complete a Fair Market Valuation Form, please:
  • Log into the NDTCO Client Portal. 
  • On the Overview page, find the appropriate asset and select Take Action and then Valuate in the right-hand column.  
  • Provide any requested information and upload your supporting documentation. 
  • Agree to the Terms & Conditions and click Submit. Done! 
Supporting Documentation:
  • Valuation from the County Tax Assessors Office  
  • Comparative Market Analysis (CMA)
  • Appraisals  
  • Emails are not valid for FMV purposes  
  • Zillow Screen shots are not valid for FMV purposes  

In-Kind Distributions

To take an in-kind Real Estate distribution, the following are items are needed:

  • Complete the online Distribution and Notice of Withholding Form through your client portal. To access the form login to your client portal and select ‘Distributions’ on the lefthand. Complete the section for in-kind distributions, stating the property address, and what percentage is being distributed.  Changes to scheduled distributions can be made directly through your client portal from the distribution page.  
  • Fair Market Valuation (FMV) will need to be completed with a full appraisal (within 3 years if RMD age, within 1 year if under RMD age). 
  • Prepared deed outlining the change in ownership – reflecting the overall ownership 100% (for example, showing 10% is being deeded from IRA to individual; then stating new ownership is 90% IRA and 10% individual).
    • We need a clean copy of the deed. NDTCO will sign on behalf of the IRA and send to the client for recording. 
    • Please note, NDTCO does not prepare or record the deeds. We suggest contacting a legal professional or title company for assistance 
  • NOTE: For Required Minimum Distributions(RMD), the distributions will be based on the appraised value for 3 years, and will NOT be adjusted based on a comparative market analysis (CMA, comp) submitted in the in-between years. 
  • When creating the Deed for a Real Estate Distribution, the property can be Deeded to a client and spouse (or another person) jointly. This is similar to sending a distribution check to a joint banking account, all cash inside that account is owned 100% by both account owners. The Deed cannot, however, show the client only owning a specific portion of the distributed property. 

Unrelated Debt-Financed Income (UDFI/UBIT)

If there is a mortgage on the property—regardless of whether the property is owned directly by your IRA, or by a legal entity owned by your IRA—you may incur Unrelated Business Income Tax. IRS Form 990-T is used to calculate UBIT for your IRA. NDTCO does not calculate UBIT or submit form 990-T. Click heretodownloadour free UBIT calculator. 

See here for more information on UDFI, UBTI, and UBIT.  

Managing Your Account

Our online client portal combines human power and digital innovation, making it simple to view all your account information in one centralized location. Within the client portal, you have the ability to directly message our support team, review recent transactions, download account documents, and review a vast library of educational content easily and securely.  

Simply log into our Client Portal to access and manage all of your account information. 

Learn more. 

Forms

Please login to the Client Portal to view forms.

A Property Management Acknowledgement Letter identifies the Property Manager and his or her understanding of the IRS requirements.

This form directs us to sell the asset/property. Please complete a SDL at the time you accept a contract offer. You can upload a copy of your contract to NDTCO while completing the Sell Direction Letter.  

This form directs us to purchase the asset/property. Can be accessed through your client portal from the Invest tab on the lefthand side. 

This form is to be completed and signed by tenants/borrowers should they want automatic rent/note payment withdrawals. 

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FAQ

Yes! The IRS has had this question so many times they answer it directly on their website (www.irs.gov). In their retirement Q & A section they say “IRA law does not prohibit investing in real estate but trustees are not required to offer real estate as an option”. Therefore, to invest in real estate your IRA custodian must allow it. New Direction Trust Company handles real estate and many more alternative assets. 

Any account offered by NDTCO can invest in real estate.

Retirement investing has been dominated by the securities industry since 1974, but real estate has always been available to IRAs. Investing IRA funds directly in real estate is an option that many people are just learning about. 

Your 401(k) plan may, at your direction, be invested in real estate if the investment provisions of the plan permit it. The employer establishes the plan for the benefit of the employees, and that employer will have language incorporated in the plan document which states what investment options are available to the employee. If you have a 401(k) from an employer for whom you no longer work, those funds can be rolled over to a Traditional IRA with no tax consequence. From there, you can invest in real estate. 

Yes, the IRS requires that the loan be a non-recourse loan. The lender can be a bank or a private lender. IRA non-recourse loans tend to require a higher down payment than those for personally guaranteed loans. 

The primary requirement is that the purchase be for investment purposes only. The IRA owner, certain family members, and plan fiduciaries cannot use the property while the IRA owns it. Your IRA is not allowed to buy property you already own personally. 

It’s up to you and your real estate agent to find the property. There are no limitations or restrictions other than the property cannot be something you or any disqualified person currently own and NDTCO does not allow foreign properties to be held in an IRA with New Direction Trust Company.  

No special broker or title company are required, you can use the same ones you used to buy your current home.

You may not personally do any work on the property and neither can any other disqualified persons or any company you or they own. Work can be done by anyone else and you still have control over what you want them to do. Basically, you can’t personally put the paint on the walls but you can choose the painter and the paint. 

If you cannot afford the investment property you are interested in you have many options. One option is to partner with yourself. For example your IRA can own 50% and you can personally own 50% (note: even if you personally own 99% of the property you are still prohibited from living in it or using the property.) You may also partner with someone else’s personal or IRA funds. The disqualified persons rule does not apply here so you may partner with your spouse, parent, child, friend, or whomever. There is no limit to how many people you can partner with.

Expenses are to be paid directly from the IRA. If the IRA owns 100% of the property it is responsible for 100% of the expenses. If your IRA is a partner, it is responsible for its portion of the expenses. Because the IRA must pay the expenses it is important to make sure there are sufficient funds in the IRA to cover the expenses. When purchasing the property don’t forget to take expenses into account. 

  • To pay expenses using the online client portal Bill Pay, click here.  

    You will be asked to log into the client portal and then directed to the “Bill Pay” page. Please use the dropdown menu to select which asset you are paying a bill for and click “Pay Now.” You can then input all payment information into the online form as well as select the Payment Frequency if the payment is reoccurring. Simply hit submit, and you are done!  

Rental income from the investment goes directly into the IRA. 

  • NDTCO Portal
  • Your IRA’s tenants and borrowers have the option to make rent and note payments online via ACH* (eCheck) at portal.ndtco.com and it’s FREE! All they need to do is click the “Make Payment Now” button. 

For additional information on managing property income, reference the Managing Property Income section above 

There are no time restrictions or limitations on buying or selling a property.

Because the property is owned within a tax deferred (Traditional IRA) or tax free (ROTH IRA) plan, no capital gains taxes need to be paid as long as there is no outstanding debt leverage for 12 months prior to the sale. If there is outstanding debt leverage, UBIT may apply to the percentage of that leverage. 

Yes, after you reach 59.5 years of age you may choose to take the property as a distribution from your IRA. Once the property is 100% distributed, it is in your possession, and you are free to use the property as you wish. View the In-Kind Distribution section above for more information.

Unrelated Business Income Tax applies to debt financed property in IRAs and also applies to operating income received from companies owned by IRAs and qualified plans. Typically, the debt financed income is taxable under UBIT rules for the percentage of property that is debt-financed. 

  • See here for more information on UDFI, UBTI, and UBIT.  
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OTHER INVESTMENTS

The world is your portfolio

Why stop at precious metals? With a self-directed account, you have the freedom to invest your tax-advantaged retirement or savings funds in the assets you’re most passionate about.

From start-ups to small businesses, if you can find it, we will help you fund it.

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EDUCATION CENTER

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