What is a real estate syndication?
Real estate syndication is a way for investors to pool their money to purchase or develop real estate together. It's a popular way to finance high-priced properties, and it allows investors to access properties they couldn't afford or manage on their own.
Investors are typically unrelated to each other, but they share in the profits and risks of the investment. Investors' rights and potential returns are based on their capital commitment, effort, and relative liability.
Since real estate syndications are pooled investment vehicles, they must adhere to regulations. As such, real estate syndications are often available only to accredited investors.
Difference Between a General Partner and a Limited Partner
In a real estate syndication, there are typically two parties:
General Partner (GP)
Limited Partners (LP)
The sponsor, syndicator, or promoter organizes the syndication. This person or group is also known as the General Partner (GP), and they are responsible for strategizing real estate investments and securing financing from passive individual investors, such as your Solo 401k.
As an investor, you are a limited partner (LP). As a limited partner (LP), you are a passive investor who simply contributes capital/money to the project. This allows you to reap the benefits of real estate investing without having to take on the risks or responsibilities of active management of the deal.
What investment documents are included in a syndication investment?
Most real estate syndications are structured as either a Limited Liability Company (LLC) or a Limited Partnership (LP). Depending on the structure of the investment entity, the offering documents may include the following:
Private Placement Memorandum
Limited Partnership Agreement or Operating Agreement
Investor Deck
Accredited Investor letter (typically your attorney and/or CPA will need to verify your assets proving you meet accredited investor status)
Investor Questionnaire – this is typically to fulfill anti-money laundering and Know Your Customer banking and SEC regulations to ensure your money is truly yours and that you’re able to spend it as you see fit
How to invest in a real estate syndication with a Solo 401k
Identify the syndication and complete your thorough due diligence
Complete the investment paperwork in the name of the 401k trust and use the 401k trust EIN. Do not use your personal or business information (name or SSN). Your 401k trust is the investor.
Complete IRS form W9, if required. See our guide here on how to complete a W9 for your Solo 401k
Wire funds from your 401k trust bank or brokerage account to the General Partner
Where are dividends paid out?
Once the syndication starts paying dividends, or when the property is sold, have the fund or investment sponsor wire funds back to the Solo 401k trust bank or brokerage account.
Do not receive any dividends or payouts to your personal or business bank account. All investment income must go right to the Solo 401k.
Real Estate Syndication Investment Fast Facts
The Solo 401k trust is the investor, not you as the trustee
The Solo 401k trust EIN should be listed on all investor subscription documents
You as the 401k trustee may sign the investor documents on behalf of the 401k trust (e.g. John Smith, Trustee of Smith Consulting Trust
Once your investor documents have been approved, wire the funds to complete the investment from your Solo 401k trust bank account
Collect any dividends or disbursements into your Solo 401k trust bank account (not your personal or business bank account)
As the Solo 401k trustee, you are the fiduciary of the trust. The words fiduciary and trustee may be used interchangeably with respect to completing the investment
Reporting Requirements for a 401k Trust in a Real Estate Syndication
The fund is required to issue certain forms to investors to satisfy their reporting. These forms may include a 1099-R or K-1 (depending on the structure of the investment)
Your Solo 401k trust is a tax-deferred entity and doesn’t need to file a tax return. If the investment was made correctly in the name of the Solo 401k trust, using the 401k trust tax ID number, the IRS would be able to identify the trust as a tax-deferred entity, and no reporting of the forms is required.
Ensure you provide a copy of IRS form W9 as part of your investment, to ensure proper tax filing and reporting.
Disclaimer: Investing inherently involves risk. Nabers Group and its affiliates, subsidiaries, or partners are not investment advisors, and we do not offer investment advice. Always complete your due diligence before executing any investment and check with your CPA, legal counsel, or tax advisor before executing investments using retirement funds.