How to convert 401k into real estate without penalty?

Asked by: Danyka Schimmel  |  Last update: January 22, 2026
Score: 4.8/5 (24 votes)

As 401(k)s do not permit the direct purchase of real estate, opting to rollover your 401(k) to a Self-Directed IRA (SDIRA) renders a potentially top-notch resolution. Rolling over your 401(k) funds into an SDIRA lets you convert a 401(k) to real estate without penalty.

How to convert your 401k to real estate without penalty?

You cannot hold real estate in your 401(k). If your goal is to invest in real estate, the best option is to roll over your 401(k) funds to an SDIRA. Doing so allows you to hold the real estate in your retirement account without penalty or taxes.

Can I invest my 401k in real estate without paying taxes?

Most people don't know this, but you can use your 401K money to buy real estate without paying lots of taxes and penalties. First, move your 401K money to a self-directed IRA. No big fees, no big taxes. Next, change it to a Roth self-directed IRA.

Can I roll my 401k into a REIT?

If you have changed jobs or retired and have left savings in a former employer's retirement plan (e.g. 401(k), 403(b), governmental 457 (b)), you can move these funds to a self-directed IRA and invest in real estate without loss or penalty.

Can I cash out my 401k to buy real estate?

It is possible to use funds from your 401(k) account to buy a house. However, doing so might incur both a penalty and income taxes. Borrowing from your 401(k) — essentially loaning money to yourself — will avoid potential withdrawal penalties.

5 Steps To Pull Money Out Of Your 401k Tax and Penalty Free and Invest it in Real Estate

44 related questions found

How do I avoid 20% tax on my 401k withdrawal?

Deferring Social Security payments, rolling over old 401(k)s, setting up IRAs to avoid the mandatory 20% federal income tax, and keeping your capital gains taxes low are among the best strategies for reducing taxes on your 401(k) withdrawal.

Is it a bad idea to take money out of your 401k to buy a house?

Key Takeaways. Taking money out of your 401(k) to buy a house robs you of compound growth and is never a good idea. There are two ways to buy a house using money from a 401(k): early withdrawal or a loan. Early 401(k) withdrawals come with penalty fees and taxes if you're younger than age 59 1/2.

Can I 1031 my 401k?

A self-directed 401k can potentially engage in real estate investments and benefit from 1031 exchanges, but this requires careful planning and adherence to specific IRS rules.

Can you avoid capital gains by investing in a REIT?

If the REIT held the property for more than one year, long-term capital gains rates apply; investors in the 10% or 15% tax brackets pay no long-term capital gains taxes, while those in all but the highest income bracket will pay 15%.

Can I use my retirement account to buy a house?

You may be able to take out a penalty-free loan from your 401(k) to buy a home, but you'll still owe taxes on the amount you withdraw. Withdrawals over the limit or that don't qualify for penalty-free withdrawal are still subject to a 10% penalty for borrowers under 59 ½.

Where can I put my 401k money without penalty?

Here are the ways to take penalty-free withdrawals from your IRA or 401(k)
  • Unreimbursed medical bills. ...
  • Disability. ...
  • Health insurance premiums. ...
  • Death. ...
  • If you owe the IRS. ...
  • First-time homebuyers. ...
  • Higher education expenses. ...
  • For income purposes.

Is it smart to invest 401k in real estate?

Bottom Line. Investing in real estate through a 401(k) could help diversify your retirement portfolio and potentially offer higher returns. Some 401(k)s will allow you to invest in real estate through REITs, if they are included in your mutual fund or ETF investment options.

Can I leave my 401k to my estate?

If there is no designated beneficiary for a 401k, the account typically becomes part of the deceased's estate. It then goes through the probate process, where a court supervises the distribution of assets according to the will or state law if there is no will.

How do I put real estate in my 401k?

Unfortunately, you can't invest in real estate with a standard 401(k). Instead, you'll need a retirement account that's designated as “self-directed.” With a self-directed retirement account, you can invest in real estate and other alternative assets, like raw land, mortgage notes, tax liens, and wholesaling.

Can I roll my 401k into an LLC?

If you're also considering starting a small business venture, whether LLC or sole proprietorship, you may be surprised to find out you can use your retirement assets, or eligible 401(k) funds, to start or buy a business.

Can I move my 401k to money market?

Yes, you can roll over your 401(k) into an IRA and then invest in a money market fund. Money market funds are highly liquid, meaning you can access your funds quickly with low risk. Keep in mind there may be tax rules upon withdrawal.

What is considered bad income for a REIT?

If the amount the REIT receives as rent depends on the net profits of a tenant or subtenant, or if the REIT receives interest income that depends on the net profits of the borrower (in both cases, gross rents are fine), all such rent or interest, as applicable, can fail to qualify as good income for purposes of the ...

How do real estate investors avoid capital gains tax?

A few options to legally avoid paying capital gains tax on investment property include buying your property with a retirement account, converting the property from an investment property to a primary residence, utilizing tax harvesting, and using Section 1031 of the IRS code for deferring taxes.

What is the 90 rule for REITs?

How to Qualify as a REIT? To qualify as a REIT, a company must have the bulk of its assets and income connected to real estate investment and must distribute at least 90 percent of its taxable income to shareholders annually in the form of dividends.

What is the 90% rule for 1031?

In a reverse 1031 exchange, an investor acquires a new property before selling the old one. The 90% rule stipulates that the total value of the replacement property must be equal to or greater than 90% of the relinquished property's sale price to defer capital gains taxes fully.

Who Cannot do a 1031 exchange?

Here are examples of properties ineligible for a 1031 exchange: Primary residences: A 1031 exchange is specifically intended for investment or business properties. Personal properties are not eligible. Vacation homes: Vacation homes generally do not qualify if used for personal reasons.

What is the 100% rule for 1031 exchange?

A 1031 Exchange allows a taxpayer to defer 100% of their capital gain tax liability. To do this, the exchanger must buy new Replacement Property equal to or greater than in value to the property sold and reinvest all the proceeds from the sale of their old property.

At what age is 401k withdrawal tax-free?

As a general rule, if you withdraw funds before age 59 ½, you'll trigger an IRS tax penalty of 10%. The good news is that there's a way to take your distributions a few years early without incurring this penalty. This is known as the rule of 55.

Should I empty my 401k to pay off my house?

Depending on how big your nest egg is, paying off your mortgage with your 401(k) could make sense. However, look at your other savings or assets first. If you need to stretch your 401(k) into retirement, it may make more sense to keep it invested and use other assets to pay down your mortgage.

Why is a Roth 401k bad?

If you have a Roth 401(k), you cannot contribute more than what you earn at the company that holds your plan. With most retirement accounts, you can't access the money you contribute or any investment earnings before retirement age without incurring a 10% early withdrawal penalty, plus any applicable income taxes.