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IRA as Lender or Owner (THT/IRA). Ubit Etc.

Posted by Richard G. on February 02, 2010 at 1:36 PM

From reading this forum, it seems that it is simplest to set up a THT with the IRA as Beneficiary (THT/IRA). Then make loans secured on real property. But the property can not be owned or controlled by the owner of the IRA.

We were hoping to purchase a rental property, subject-to the existing loan, in a THT/IRA. But this would appear to invoke UBIT due to the leverage (of the existing loan). Is this a correct interpretation of the rules? And is there a smart way to avoid this problem?

Also, does the THT/IRA, as property owner, enjoy the same asset-protection afforded to any IRA in that State?

And (yet another question). If the THT/IRA is a lender on real estate, what are the limitations on interest rates & terms? Can the THT/IRA charge whatever the market will bear, and is this subject to the local Usury laws?

Thanks.


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