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Real estate purchase self-directed IRA may be relatively simple. However, there are some issues that need to be aware of. Only three types assets that are prohibited in an IRA (life insurance contracts, collectibles, and actions in an "S corporation"). There are also many various prohibited transactions that may travel by the investor. In principle, prohibited transactions refer to transactions between the IRA and what is called a "disqualified person".

A disabled person include any of the following in connection with the owner of an IRA:
• The owner of the IRA;
• ascendants;
• descendants;
• spouses of descendants;
• Spouse;
• IRA trustee;
• Related entities, including companies and trusts, and
• custodians and agents.

It is not allowed to conduct transactions between these individuals and entities, and their IRA. For example, an IRA is not authorized to purchase a home for the son of the owner. An IRA is allowed to issue either debt or make loans to any person disqualified. However, an IRA can make a loan to independent parties, including a brother or sister (sibling).

Prohibited transactions also come into play when using the IRA as a down payment on real estate. There are important questions that need to be considered. First, one of the prohibited transaction for an IRA is to serve as collateral for your loan.

If you borrow money against the property and use the IRA as collateral then the transaction would be disqualified. The IRA must obtain a "non-recourse loan" which means that the only option the lender in case default is to recover the property itself. The lender is not entitled to pursue other assets of the IRA, the IRA owner or custodian to recover the debt.

Prohibited transactions will not be too difficult for most owners of self-directed IRA, provided you follow the rules. Most owners participate in arms length transactions with independent parties will have no problem. But if you feel you are getting involved in a complex and not sure If you are involved in prohibited transactions then make sure you speak with your attorney or CPA.

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