The Prohibited Transaction Minefield: Rules to Keep Your Real Estate IRA Compliant

What Constitutes a Prohibited Transaction?

A prohibited transaction is any improper use of your IRA by you (the IRA owner) or a disqualified person. This includes buying, selling, or leasing property between the IRA and the disqualified person, as well as furnishing goods, services, or facilities.

IRS Basics: Understanding Prohibited Transactions (IRC §4975)

• What counts? Any improper use of IRA assets by you or any disqualified person—including selling, leasing, lending, or providing services between your IRA and such persons—can trigger a prohibited transaction.
• Who’s “disqualified?” You, your spouse, parents, children, grandchildren, plus any entity you/control or your relatives control are considered disqualified according to the NAREA.
• Consequences: If violated, your entire IRA is deemed distributed as of Jan 1 of the year, taxed as ordinary income, and subject to early withdrawal penalties if you’re under 59½.

Key Compliance Rules for Real Estate IRAs

According to expert guidance, here’s how to stay compliant:

1. Use Only IRA Funds

• All purchases, deposits, repairs, and expenses must come from the IRA (or from a non-disqualified third party).
• No personal funds can be used—doing so would trigger a prohibited transaction.

2. Avoid Services by Disqualified Persons

• Neither you nor any disqualified person may perform services related to the real estate (e.g., repairs, property management).
• Passive investment only: you can make decisions as the IRA LLC manager, but no hands-on work.

3. Non-Recourse Financing Only

• If you finance a real estate purchase, it must be through a non-recourse loan, meaning the lender can only claim the property—not your personal assets—if the loan defaults.

4. Title in the IRA’s Name

• The deed/title must be held by the IRA entity (e.g., “XYZ LLC,” not your personal name).

Real-Life Example

If your Checkbook IRA buys a property for $100,000 and later sells it for $300,000, $200,000 in gains would be tax free, but only if:

• Your Roth IRA is at least five years old
• You are over age 59½ at distribution
• You followed all prohibited transaction rules

Common Prohibited Transaction Types in Real-Estate IRAs

Sweat Equity & Services Provided by Disqualified Persons

• You or a family member cannot personally perform services, such as renovations, property management, repairs, for an IRA-owned property.
• Hiring a non‑related third‑party property manager and paying them through the IRA avoids service‑related violations.

Leasing or Selling to Disqualified Parties

• Selling, leasing, or renting an IRA property to yourself or a family member is prohibited—even if rent is charged at fair market value.
• Example cases: leasing to your child or spouse violates rules even if rent is paid.

Lending, Credit, or Loan Guarantees

• Your IRA cannot lend money to or be used as collateral for loans for yourself or relatives.
• Non‑recourse financing is permissible, but personal guarantees are expressly disallowed. Examples include Peek v. Commissioner and Kellerman cases.

Transfers or Use of IRA Income/Assets

• Any transfer of income or assets to or for the benefit of a disqualified person is prohibited—this includes dividends, rental income, or profit distributions.

Real-Life Case Studies That Illustrate the Risks

When it comes to Self-Directed IRAs, the IRS draws strict lines around what account holders can and cannot do. Court rulings help clarify these boundaries, especially in situations involving real estate and personal business dealings. Two notable cases, Cherwenka and Kellerman, illustrate how closely the courts examine whether an IRA owner receives any personal benefit from transactions.

• In Cherwenka (2014), the IRA owner flipped properties but never received payments, discounts, or personal gain. The court allowed the activity, emphasizing that improvements directed through the IRA are permissible if no personal benefit occurs.
• In Kellerman (2015), however, the IRA owner’s personal business was intertwined with the IRA’s assets. The court ruled this a prohibited transaction, citing self-dealing and improper benefit to the owner’s outside entity.

Real Estate IRA Compliance Best Practices

Compliance Checklist for Real Estate IRAs

• Title & Ownership: Deed should be in the IRA or IRA-owned LLC, not your personal name.
• Funding & Expenses: All capital, rent income, maintenance, repairs—must flow through the IRA or IRA custodian; never from your personal account.
• No services by you or disqualified persons, even unpaid “sweat equity” is prohibited.
• Hire independent property manager, paid via IRA, no family or related-party involvement.
• Non-recourse financing only: Avoid any scenario requiring personal guarantees.
• Do not lease to disqualified persons, even at fair market rent.
• Records & Reserve Funds: Create a maintenance reserve (e.g. 3–6 months of expenses) inside IRA; document every transaction and keep them separate.

Additional Considerations & Risk Awareness

• Custodian expertise matters: Traditional custodians like Schwab or Fidelity may not support Real Estate IRAs. Using a specialty SDIRA custodian like IRA Financial is vital.
• Hidden costs that erode returns: Custodial fees, illiquidity, inability to deduct depreciation or mortgage interest, and difficulty making RMDs on illiquid property.
• Not beginner-friendly: SDIRAs demand high diligence and working knowledge of IRS rules, risk avoidance, and documentation.

Summary

Staying compliant means respecting the line between you and your IRA. Avoid self-dealing. Keep funds and services entirely within the IRA structure. Use disinterested third parties. Rely on non‑recourse financing only. And document everything with clear separation. These measures protect the tax-advantaged status of the IRA (and avoid a distribution event under IRC §4975)

Take Control of Your Real Estate IRA Today

Avoid costly prohibited transactions and keep your Self-Directed Real Estate IRA fully compliant. Our specialists guide you through every step—from funding and account setup to property management—so you can confidently grow your retirement portfolio.

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Recommended Reading

What is a Prohibited Transaction?

Common Prohibited Transactions

Who is a Disqualified Person?