How to Invest in Commercial Real Estate with Your IRA or 401K in Utah
One of the most powerful — and underutilized — strategies in real estate investing is using retirement funds to purchase commercial properties. Self-directed IRAs and Solo 401Ks can hold commercial real estate, allowing your investment to grow tax-deferred or even tax-free.
Here's how it works, what the rules are, and how Utah commercial real estate fits this strategy.
What Is a Self-Directed IRA?
A self-directed IRA (SDIRA) is like a traditional or Roth IRA in every tax sense, but instead of holding stocks, bonds, or mutual funds, it can hold alternative assets — including real estate, private loans, and commercial properties.
The key difference from a standard brokerage IRA: you need a custodian who allows alternative investments. Most major brokerages (Vanguard, Fidelity, Schwab) do NOT allow this. You'll need a specialized custodian such as:
- Equity Trust Company
- Alto IRA
- Rocket Dollar
- Entrust Group
These custodians charge annual fees to hold your account and process transactions.
What Is a Solo 401K?
If you have self-employment income (even part-time), you may be eligible for a Solo 401K — also called an Individual 401K or Self-Employed 401K. Solo 401Ks offer:
- Higher contribution limits than IRAs ($69,000 in 2025 vs. $7,000 for IRA)
- Built-in loan provisions (borrow up to $50,000 or 50% of balance, whichever is less)
- Checkbook control — meaning you can write checks directly without custodian approval on every transaction
- Roth component option
For real estate investors, Solo 401Ks often provide more flexibility than SDIRAs. Talk to a CPA or tax attorney before choosing your vehicle.
The Prohibited Transaction Rules
This is where most first-time investors get tripped up. The IRS has strict prohibited transaction rules under IRC Section 4975. Violating them can disqualify your entire account and trigger immediate taxes plus penalties.
- You cannot personally benefit from the property. You can't live in it, use it, or have your business operate from it.
- Disqualified persons cannot transact with the IRA. This includes you, your spouse, parents, children, grandchildren, and certain business partners.
- All income goes to the IRA. Rent, sale proceeds, and any gains must flow directly back into the account.
- All expenses come from the IRA. Property taxes, maintenance, and improvements must be paid by the account — not by you personally.
These rules make commercial properties particularly attractive for SDIRA/401K investing, since you're unlikely to personally use a strip mall or industrial building.
Best Types of Utah Commercial Properties for IRAs
NNN Lease Properties: These are ideal for retirement accounts. The tenant handles property taxes, insurance, and maintenance — minimizing the transactions that flow through your IRA. You receive rent, that's it.
Vacant Land: Raw land in high-growth Utah corridors (think Eagle Mountain or Herriman) requires no management, generates no taxable income until sold, and can appreciate significantly.
Small Industrial / Flex Space: West Jordan and Salt Lake City's northwest quadrant offer small industrial units in the $300,000–$600,000 range — a natural fit for accounts with moderate balances.
Strip Mall Units: Owning a single unit in a strip mall through an IRA is possible but adds complexity. NNN lease retail is cleaner.
The UBIT Problem
Unrelated Business Income Tax (UBIT) is an often-overlooked complication. If you use debt (a mortgage) to finance a property inside an IRA, the leveraged portion of income is subject to UBIT at trust tax rates (up to 37%).
For most SDIRA real estate investors, the simplest solution is to buy all-cash — which is only feasible for accounts with sufficient balances, or by partnering your IRA with other investors (allowed under specific structures).
Solo 401Ks may have slightly more flexibility here — consult a CPA.
Getting Started in Utah
- Open a self-directed IRA or Solo 401K with a qualified custodian
- Fund the account via rollover from an existing 401K/IRA or annual contributions
- Identify qualifying commercial properties — work with Gurpreet to find NNN leases, small industrial, or land in high-growth Utah corridors
- Get custodian approval before making an offer
- Close in the IRA's name — the title will read "XYZ Custodian, FBO Your Name IRA"
- All cash flows through the account going forward
This process takes longer than a standard purchase — budget 60–90 days for your first transaction.