How do I handle earnest money deposits (EMD)?

How do I handle earnest money deposits (EMD)?

The earnest money deposit must come from your plan entity's bank account. No exceptions.

Why personal funds are not an option

Paying the EMD from your personal funds, even with the intention of reimbursing yourself later, constitutes an extension of credit from you to your plan. That is a prohibited transaction under IRC Section 4975, regardless of the amount or how briefly the personal funds are used. The consequences can extend to the entire plan, not just the individual transaction.

How checkbook control handles it

With a dedicated plan checking account, you can fund the EMD immediately, the same speed as any cash buyer. There is no form to submit, no custodian approval to wait for, and no processing delay. Write a check or initiate a wire directly from the plan account and you're done.

What if my plan isn't funded yet?

If you've found a property before your plan is established or funded, there are legitimate approaches that keep the transaction compliant. See What if I find a deal before my plan is ready? for details.

Disclosure

This information is provided for educational purposes only and should not be interpreted as tax, legal, or investment advice. Readers are encouraged to consult a qualified professional who can offer guidance based on their personal situation.

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