real estate IRA gone bad / returned to originating IRA TAX?

I have a conventinal IRA acct with Merrill. Early this year I was presented with what seemed like an attractive opportunity to invest with my son-in-law in some real estate in Mexico. Merrill doesn’t allow real estate so I transferred a decent chunk of change to another/new IRA with somebody else who does allow this type of investment in an IRA. To make a long story short, the opportunity never materialized, so I closed the new IRA and moved it all back to the same originating Merrill IRA.

My question is that now its tax time and I got my 1099R that indicates that this big chunk was a distribuition even though it was basically a reversed transaction. I understand that I have to pay taxes when I take a normal distribution but this wasn’t normal. I’ve been looking at IRS forms 5498 and 5329 but am very confused. Any thoughts or comments would be greatly appreciated. 😥



This sounds like a simple IRA transfer to me. Assuming you did a direct IRA transfer (transferred it from Merrill directly to the new custodian) to the new custodian and then a direct transfer back to Merrill, and you never received the funds, it is non-taxable. You will recieve a 1099R from Merrill showing the amount of the distribution, and then a 5498 from the new custodian showing a rollover of that amount in. Then you will have a 1099R from the new custodian showing the amount they distributed back to Merrill and a 5498 from Merrill showing the rollover amount received back. You should report the total distributions on your 1040 as IRA distributions and then $0 taxable since it was all transferred to IRA accounts and you never received the funds. If you DID receive the funds, then it would be another issue.



Add new comment

Log in or register to post comments