Owner education: retirement and industrial investing
Retirement planning with commercial real estate
Commercial real estate can be part of a retirement strategy, but a building is not a pension and rent is not guaranteed spending money. Start by separating two decisions: using property you already own to support retirement, and buying real estate inside an IRA or employer retirement plan. Their ownership, tax and distribution rules are different.
Is your retirement plan based on property income or a retirement account?
Property held personally or through a taxable entity can fund retirement, but it does not become an IRA just because you retire. You may collect rent, hire a manager, refinance or sell, subject to leases, loan terms, entity agreements and tax rules. Property income and sale proceeds belong to that owner.
When an IRA or qualified plan owns the investment, the account or plan receives rent and sale proceeds. Those receipts are not automatically available to pay household bills. Moving value to yourself is a distribution subject to the account's rules. Keep property underwriting, account compliance and household withdrawal planning as three separate worksheets.
If your operating company occupies your industrial building, distinguish business earnings from property rent. Selling the business does not necessarily sell the building, and retaining the building can leave your retirement income dependent on the buyer of your business as tenant. Start with the investment diligence guide and lease review checklist.
Which retirement plans can hold commercial real estate?
Permission under tax law, permission in plan documents and availability through a provider are different questions. Many ordinary brokerage accounts offer publicly traded REITs or real estate funds but do not administer direct buildings. Do not assume your existing IRA or workplace plan accepts a deed, private partnership or loan.
| Account or plan | Potential CRE exposure | Important constraints |
|---|---|---|
| Traditional IRA with a custodian supporting alternative assets | Direct property or eligible private investments, if supported | Prohibited transactions, account expenses, valuation, UBIT and RMDs; distributions generally taxable except for recovery of basis |
| Roth IRA with suitable custody | Similar investment permissions, subject to the provider | Contribution eligibility and qualified distribution requirements; prohibited transactions and UBIT still matter |
| Solo or one participant 401(k) | Direct property only if plan and trustee arrangements permit it | Eligible business earnings, employee coverage, administration, reporting and qualified plan rules |
| SEP IRA or SIMPLE IRA | Custodian dependent; often funds or REITs, potentially other supported assets | Employer contribution and employee eligibility rules; SIMPLE arrangements have special distribution and transfer restrictions |
| Workplace 401(k), 403(b) or similar plan | Real estate funds or REIT exposure where included in the investment menu | Plan menu, fees, distribution eligibility and rollover rules; direct property is not automatically available |
| Defined benefit or cash balance plan | Investments permitted by the plan, not an unrestricted personal property account | Actuarial funding, benefit obligations, employee coverage, fiduciary duties and investment liquidity |
A Solo 401(k) generally covers an eligible business owner with no employees other than a spouse. Hiring eligible employees changes the obligations; common ownership and related businesses also need review. A plan marketed as a real estate or checkbook plan does not override tax law. A cash balance plan requires an actuary and specialist administration, not just opening an account.
Traditional versus Roth is a tax timing decision, not a prediction that a property will perform better. Compare current taxes, future distributions, conversion costs, account fees and available cash with a CPA. This guide does not prescribe an account type or contribution amount; annual limits and income thresholds must be checked for the applicable year.
Can rental income or a building sale fund retirement plan contributions?
Ordinary rental income generally is not compensation for an IRA contribution or earned income for a self employed retirement plan contribution. Property sale proceeds and investment appreciation likewise do not by themselves create qualifying compensation. Having enough cash is not the same as having contribution eligibility. Real estate professional status for passive activity rules does not by itself turn rent into compensation.
Eligible wages or qualifying self employment earnings, including some active real estate business earnings, may support contributions. Spousal IRA rules may apply to a couple filing jointly with sufficient qualifying compensation. Have a CPA classify the actual activity, payroll and entity income rather than relabeling rent or creating unsupported management fees. Use IRS Publication 590-A and Publication 560 for eligibility, deductions and current limits.
Contributions, transfers, rollovers and conversions are different
Moving eligible existing retirement assets through a properly executed transfer or rollover differs from making a new annual contribution. Check whether a workplace plan permits a distribution, whether the receiving account accepts it, and how withholding and deadlines apply. Direct provider coordination can avoid handling proceeds personally. IRA rollover frequency rules do not apply identically to every transfer, and required minimum distributions cannot be rolled over.
A Roth conversion can create taxable income; it is not simply moving a building to a tax free account. An illiquid property needs supportable valuation and cash planning for taxes. A property you already own personally cannot simply be sold to your IRA or contributed as an ordinary IRA contribution. Obtain advice before signing contracts or moving titles.
What personal use and related party transactions are prohibited?
An IRA property is an account investment, not a building for your personal or business use. IRS prohibited transaction rules cover improper use and dealings with disqualified persons. These include the account owner, certain fiduciaries, a spouse, ancestors, lineal descendants and their spouses, and certain controlled entities. Not every relative has identical statutory status, but indirect personal benefit can still be a problem.
- Do not sell your existing building to your IRA, buy its building for yourself, or assume a lease to your own business or a disqualified person is permitted.
- Do not personally guarantee account borrowing, pledge personal credit to support it, or use account assets as collateral for your personal debt.
- Do not use account property personally, divert its rent to your household, or casually pay its bills from personal funds.
- Do not assume you can perform repairs, pay yourself a management fee or provide services through your company. Administrative oversight and furnishing services require fact specific specialist review.
- Review co investment, partnerships, family ownership, fees and IRA owned LLC arrangements before commitments. An LLC does not remove prohibited transaction rules.
Charging market rent or describing a transaction as fair does not by itself make it permissible. Under IRS guidance, a prohibited transaction by an IRA owner or beneficiary can cause the account to stop being an IRA as of the first day of that year, with its assets treated as distributed at fair market value. Income tax and potentially additional early distribution tax can follow. Qualified plan consequences differ, but are also serious.
Before purchase, confirm the buyer's legal name and title, authorized signers, approved payment path, account cash reserves and the custodian's procedures for leases, vendors, loans and closing. Custodian acceptance is not an independent legal opinion or endorsement of the investment.
Can real estate inside an IRA owe tax before a distribution?
Yes. A retirement account's tax advantages do not exempt every activity from tax. Ordinary real property rent is generally excluded from unrelated business taxable income, but debt financed property, an operating business, certain service intensive activities or partnership income can change the treatment. Unrelated business income tax (UBIT) and unrelated debt financed income (UDFI) can affect both traditional and Roth IRAs.
Account borrowing generally must avoid personal guarantees or other prohibited extensions of credit, often through a properly structured loan with recourse limited to account collateral. That does not make leverage tax free. Debt financed rental income and sale gain may require calculations based on acquisition indebtedness and adjusted basis, not simply a broker's cap rate or the original loan percentage.
IRS Publication 598 explains exclusions, exceptions and debt financed income. Generally, $1,000 or more of gross income from an unrelated trade or business triggers a Form 990-T filing requirement; this is not a rule that only net profit above $1,000 matters. Have the CPA and custodian determine filing, estimated payments, tax allocation and account funding.
Certain qualified retirement trusts may qualify for a real property debt exception under Section 514(c)(9) if its conditions are met. IRAs do not share that exception. A Solo 401(k) is not automatically free of UBIT on every investment, particularly through partnerships or operating activities.
You generally cannot claim your IRA property's depreciation or losses on your personal return. Property tax attributes inside an account are not the same as personally owning a rental; any deductions used in account level tax calculations need separate review. Income remaining inside a traditional IRA and later distributions also have different tax treatment. Qualified Roth distributions require applicable age and holding period conditions, and do not cure a prohibited transaction.
How much commercial property cash is actually available for retirement?
Start with a household spending plan, including health care, taxes and irregular expenses. Subtract other dependable income sources, then ask what property cash can cover the remaining gap under both ordinary and adverse conditions. A cap rate measures income relative to value, not a safe household withdrawal rate.
Use documented NOI, then subtract debt service, planned capital funding and leasing costs without double counting reserves and the projects they fund. Separately estimate taxes and household withdrawals. A distribution from a property LLC may include refinancing cash or returned capital, not just operating profit.
| Step | Assumed cash | Meaning |
|---|---|---|
| Collected rent and recoveries | $240,000 | Actual receipts, not full scheduled rent |
| Operating expenses | ($90,000) | Includes assumed professional management |
| NOI | $150,000 | Before financing and capital cash needs |
| Debt service | ($72,000) | Principal and interest, not an ordinary NOI expense |
| Capital and leasing reserve funding | ($30,000) | Retained for future projects; no separate project outlay in this base year |
| Available cash before owner income taxes | $48,000 | Assumed $4,000 monthly equivalent, not a monthly payment promise |
| Separate downside: $60,000 less collected income | ($12,000) | With other assumptions held constant, cash turns negative |
The downside deliberately keeps costs unchanged; actual vacancy can also change recoveries, utilities, management and leasing outlays. If a $100,000 roof project is paid from previously funded reserves, show the reserve withdrawal and remaining balance. Do not deduct the same reserve transfer and project payment twice. If reserves are insufficient, identify the additional equity required.
A long NNN lease still leaves default, lease rollover, lender, environmental and landlord obligation risks. Test tenant failure, tax increases, insurance costs, roof or pavement replacement, refinancing at worse terms and a delayed sale. Keep property reserves distinct from liquid household emergency assets. Within a retirement account, the same property cash bridge does not bypass distribution rules.
Direct buildings, REITs or private real estate: what changes in retirement?
Decide how much control, management, liquidity and concentration your household can tolerate. Owning one industrial building can concentrate exposure to one tenant, local market and asset condition. A diversified fund can reduce some property specific concentration without eliminating real estate, leverage or market risk.
| Structure | Control and workload | Liquidity and risk to investigate |
|---|---|---|
| Direct industrial property | High decision responsibility, even with a manager | Slow or uncertain sale; tenant, capital, debt and environmental concentration |
| Publicly traded REIT or real estate fund | Professional management; limited control over individual assets | Market trading generally available, but prices can fall; distributions, leverage, fees and holdings vary |
| Nontraded REIT or private fund | Sponsor control; offering documents govern investor rights | Redemptions may be restricted or suspended; valuation, fees, leverage, capital calls and conflicts |
| Private syndication or eligible DST interest | Little operating control; sponsor and governing documents matter | Transfer restrictions, long holds, fees, debt and sponsor risk; securities and tax eligibility require separate review |
Some Delaware statutory trust (DST) interests may qualify as replacement real property for a 1031 exchange under specific tax requirements. Not every trust, fund, partnership interest or REIT share qualifies. A passive structure is not necessarily liquid, safer or suitable for retirement; do not accept a guaranteed income pitch.
Review audited information where available, the source of distributions, sponsor history, compensation, affiliated transactions, redemption terms and downside projections with an independent adviser. Distributions funded by borrowing or returned capital are not the same as earned income. Consult the SEC's REIT overview and self directed IRA fraud alert. This page is not an offering or recommendation of any security or provider.
How do RMDs and valuations work when a retirement account owns property?
An illiquid investment does not excuse a required minimum distribution. Traditional IRAs, SEP IRAs, SIMPLE IRAs and many employer plans have RMD rules. The applicable starting age depends on birth year and current law, not merely the year you stop working. Current rules generally use age 73 for people born from 1951 through 1959 and age 75 for those born in 1960 or later; earlier cohorts follow earlier starting ages.
Roth IRAs and designated Roth plan accounts do not require lifetime RMDs from the original owner under current rules, but beneficiaries have distribution requirements. A workplace plan may allow a delay while employed, subject to plan terms and the exception for a 5% business owner; that delay generally does not apply to traditional IRAs. Confirm your own starting date with the plan administrator and IRS RMD guidance.
Value the asset and identify the source of the distribution
RMDs generally use the prior December 31 account value and the appropriate IRS distribution factor. A deed, private fund interest or property loan needs a supportable value and custodian reporting, not an assumed unchanged purchase price. Schedule valuation early enough to meet reporting and distribution requirements.
Rental cash or liquid assets can support withdrawals. An owner may generally aggregate RMDs across their own traditional IRAs after calculating each separately, but cannot satisfy a 401(k) RMD by taking extra from an IRA. Inherited accounts have additional restrictions. Plan for the specific account rather than assuming household cash held outside it satisfies a distribution.
A custodian may permit an in kind distribution of a properly valued property interest, but it requires title, valuation and tax review. It does not necessarily provide cash to pay the resulting income tax. Continuing partial account ownership alongside personal ownership can create further prohibited transaction risks. Do not simply deed the building to yourself to meet an RMD.
Avoid deadline driven sales and tax surprises
The first RMD may generally be delayed until April 1 of the following year, with the next due by December 31 of that same year. That can put two distributions into one tax year. Missed RMDs can trigger an excise tax; correction and relief rules require timely review. A tenant distribution or sale that arrives late is not a deadline extension.
Model the withdrawal schedule, refinancing maturity and lease expiration together. Consider whether household spending needs before age 59 1/2 would require taxable withdrawals and an additional early distribution tax, unless an exception applies. Account type and exceptions differ. The account is not a replacement for accessible emergency cash.
Should an owner hold, sell or exchange industrial property before retirement?
Compare options on after tax available cash, risk, workload and family needs, not just headline sale price. Write down when you need liquidity, who can manage a vacancy, the next major capital project and whether a loan matures near retirement.
Keep the building with professional management
Obtain a management proposal, delegated authority, vendor controls, emergency coverage and reporting. Review lease expirations, renewal options, guarantees and landlord obligations. Holding can preserve future income potential, but also concentrates capital and keeps leasing, financing and condition risk. An NNN lease does not eliminate oversight.
Sell and redeploy cash outside the property
Estimate loan payoff, prepayment charges, brokerage and closing costs, tax basis, depreciation related tax treatment and federal and state taxes before estimating proceeds available for retirement. A property sale's taxable gain is not simply sale proceeds minus loan balance. Let a financial adviser compare reinvestment and withdrawal alternatives without assuming future returns.
Consider a qualifying 1031 exchange, not an IRA rollover
A Section 1031 exchange can defer eligible gain when qualifying business or investment real property is exchanged for qualifying real property. In a typical deferred exchange, identify replacement property within 45 days and receive it by the earlier of 180 days or the tax return due date, including extensions. Arrange the qualified intermediary and tax review before closing; receipt or control of cash can defeat the intended structure.
Deferral is not forgiveness, and reinvesting can reduce cash available for retirement. Cash received or net debt relief can create taxable gain, subject to the full exchange calculation. Related party rules, entity ownership and replacement property requirements need review. Do not let a deadline force a weak acquisition or assume a DST, REIT or fund automatically qualifies.
A 1031 exchange does not move taxable property into an IRA. Retirement account distributions, eligible rollovers and contribution limits are separate systems. A sale within an account retains proceeds in the account, subject to account level tax where applicable; do not automatically apply a taxable owner's exchange strategy to account property.
Coordinate the building with a business sale
If your business occupies the property, compare selling both assets, selling the business and retaining the building under a lease, or a sale with a leaseback. A leaseback creates a rent obligation for the business; it is not free retirement income. Counsel should address buyer credit, rent, term, maintenance, guarantees, assignment and what happens if the business is later sold again. Keep this taxable business planning separate from IRA related party restrictions.
Can a lazy 1031 reduce landlord work in retirement?
A lazy 1031 is informal language for a qualifying exchange into an investment with less day to day management, not an IRS program. Possibilities include eligible DST interests, qualifying ownership arrangements or directly held property with professional management. Net leases can shift expenses but do not eliminate tenant, repair, financing or resale risk.
A Delaware statutory trust must satisfy specific conditions to qualify; not every trust offering does. Less control, sponsor fees, debt exposure and restricted transfers can be material retirement tradeoffs. Distributions are not guaranteed and may include returned capital or borrowing. Operationally passive does not mean liquid, safe or automatically passive under every tax rule.
Compare the usable cash from a taxable sale with exchange alternatives and continued ownership before a deadline forces a purchase. Ordinary REIT shares and partnership interests are not 1031 replacement real property. A Section 721/UPREIT transaction is separate, and exchanging property is not an IRA rollover. See the lazy 1031 and DST guide for deadlines, boot, basis, loss carryforwards and independent adviser questions.
Will depreciation losses reduce my retirement income taxes?
A deduction on paper is not necessarily usable against pension, IRA or conversion income. Rental losses generally are passive unless an exception applies; portfolio interest and dividends are not passive activity income. The active participation rental allowance is generally up to $25,000 with MAGI phaseouts and other requirements. Real estate professional status and material participation are separate annual tests, not benefits obtained automatically by retiring.
Ordinary nonresidential buildings under GDS generally use 39 year straight line depreciation and a mid month convention, excluding land. A supported cost segregation study may classify eligible shorter life assets for accelerated deductions. Current law restored 100% bonus for eligible property acquired and placed in service after January 19, 2025, subject to detailed rules; this does not mean expensing an ordinary entire warehouse. Illinois modifications can differ from federal depreciation.
Depreciation allowed or allowable reduces adjusted basis. On sale, qualifying asset recapture can be ordinary income, while unrecaptured Section 1250 gain has a maximum 25% individual rate rather than a mandatory flat 25%. Other gain, NIIT and Illinois taxes require a complete calculation. A mortgage payoff reduces cash, not ordinarily the property's taxable gain.
Have a CPA model deductions actually usable now, suspended losses, future sale tax, hold period and costs before ordering a study or converting an IRA. The passive loss guide, cost segregation discussion and worked recapture and sale example explain the distinctions.
What should Illinois industrial owners account for in retirement?
Being retired does not exempt ordinary rental income or property sale gains from Illinois income tax. Illinois permits a subtraction for qualifying retirement income included in federal adjusted gross income, including eligible IRA and qualified plan distributions. That is a different category from directly collected rent or gain on a personally owned building. See Illinois Department of Revenue Publication 120.
Moving to another state does not automatically remove Illinois tax on Illinois source rental income or a property sale. Ask a CPA to review residence, sourcing, entity returns, credits and distributions. Coordinate a large gain, Roth conversion or increased withdrawals with federal taxes and any effects on Medicare income related premiums and Social Security taxation.
For a Chicagoland industrial building, verify every PIN, current and projected property taxes, appeal status, Cook County incentive terms where applicable, insurance, roof and pavement condition, fire protection and lease expense allocation. Incentive expiration or a tenant departure can change retirement cash even with the same base rent. Use the Illinois property tax guide, insurance checklist and industrial diligence guide.
Who will own and manage the investment if you die or cannot act?
Review account beneficiary designations, a will or trust, entity operating agreements, powers of attorney and property management authority together. They do not all control the same assets. A family member needs a practical file covering leases, loans, insurance, tax deadlines, vendors, cash reserves and who may sign or authorize payments.
A building inherited outside a retirement account and an inherited IRA containing real estate have different tax rules. Do not assume a property inside an IRA receives the same basis treatment as a personally owned building at death. Trust ownership, joint ownership, estate inclusion and state estate taxes need individual legal and CPA review.
Income tax basis and estate tax are separate questions. Qualifying inherited property generally receives fair market value basis at death, potentially a step down, while lifetime gifts generally carry donor basis for gain. Inherited entity ownership does not automatically reset the underlying building's basis; taxable traditional IRA distributions are income in respect of a decedent, not ordinary property receiving a tax free basis reset.
The 2026 federal basic estate/gift exclusion is $15 million per individual under current law, with prior taxable gifts and other rules affecting the result. Illinois has a separate $4 million estate exclusion and no portability between spouses. Illinois currently has estate tax rather than a separate inheritance tax; a revocable living trust does not by itself eliminate estate tax. Use the estate and inheritance guide to prepare counsel questions, including valuations, state filings, basis and estate liquidity.
Many beneficiaries of inherited retirement accounts face a ten year payout rule; eligible beneficiary exceptions and annual distribution obligations depend on the account, beneficiary and the owner's death and RMD status. Roth inheritance also has distribution requirements. An illiquid building or restricted private fund can make compliance difficult. Review Publication 590-B before assuming heirs can hold the investment indefinitely.
Plan for disagreements among heirs, buyout funding, loan consent, account administration and a sale if no one wants to manage the property. A succession plan should work during incapacity as well as after death, without relying on informal access to your accounts.
A retirement planning checklist for CRE owners and investors
Start before a forced sale, retirement date or account distribution deadline. Update the plan annually and after a lease renewal, refinancing, major project, family change or new tax law.
- Map ownership. List each building, entity, retirement account, debt obligation, guarantee and beneficiary. Identify taxable versus account owned assets.
- Estimate the household gap. Compare spending, taxes and health care with other income and accessible savings. Do not assume every dollar of rent is spendable.
- Build the cash bridge. Reconcile leases, actual collections, operating expenses, debt and planned capital or leasing cash needs. Include paid management.
- Run adverse cases. Test tenant failure, longer vacancy, tax and insurance increases, capital work and worse refinancing or resale. Identify the source of new cash.
- Check plan eligibility. Verify compensation, contribution limits, employee coverage, transfers, rollover eligibility and provider investment permissions.
- Review account transactions. Obtain specialist review of related parties, services, title, guarantees, account expenses, borrowing and any UBIT filings.
- Calendar liquidity. Coordinate valuations, RMDs, loan maturities, capital calls, lease expirations and household withdrawals. Check redemption restrictions.
- Compare exits. Obtain property pricing and a CPA estimate of proceeds after debt, costs and taxes. Plan any exchange before closing.
- Document continuity. Confirm managers, signers, beneficiaries, estate documents and the family's preference to hold or sell.
- Use the right advisers. A property broker evaluates the building and sale process; a CPA, retirement plan administrator, qualified financial adviser and estate or tax counsel handle their respective specialties.
Bring advisers a rent roll, leases, three years of operating records, condition reports, basis and depreciation schedules, loan documents, account statements, plan documents, beneficiary forms and household cash needs. Share sensitive records through an appropriate private channel, not a public community post.
Retirement and commercial real estate questions
Is commercial real estate a good retirement investment?
It can support retirement income, but it is not automatically suitable. Evaluate spendable cash after debt, capital and leasing costs, tenant concentration, liquidity, management burden and the rest of your household portfolio. No rent, distribution or resale outcome is guaranteed.
Can I buy a warehouse or commercial building with an IRA?
An IRA can hold qualifying real estate if its custodian supports it and the transaction follows tax rules. The account owns the investment, income and expenses stay within the account, and personal use or transactions with disqualified persons can jeopardize its tax status. Review the purchase with an independent tax adviser before signing.
Can my business rent a building owned by my IRA?
Do not assume so. A lease involving your business can be a prohibited transaction because of disqualified person, control or personal benefit rules. Charging market rent does not by itself cure the issue. Obtain specialist legal review before any related business lease or purchase.
Can rental income fund an IRA or Solo 401(k) contribution?
Ordinary rental income generally is not qualifying compensation for an IRA contribution or earned income for a self employed plan contribution. Eligible wages or self employment earnings may support contributions, subject to plan, income and annual limits. Real estate professional tax status does not by itself turn rent into compensation.
Is real estate income in a Roth IRA always tax free?
No. Qualified Roth distributions can be tax free, but unrelated business income or debt financed income may create tax at the account level. Prohibited transactions remain restricted. A Roth label does not eliminate property risk or every tax obligation.
How do I take required minimum distributions when my IRA owns real estate?
Plan valuation and liquidity before the deadline. Rental cash or other eligible IRA assets may fund the distribution, or a properly valued property interest may be distributed in kind if the custodian supports it. IRA aggregation rules differ from 401(k) rules. Illiquidity does not waive an RMD.
Can I move proceeds from a 1031 exchange into an IRA?
A 1031 exchange is not an IRA rollover. It generally exchanges qualifying business or investment real property for qualifying replacement real property. Cash contributed to an IRA remains subject to contribution eligibility and limits; taking exchange proceeds can create taxable gain.
Is a triple net industrial lease truly passive retirement income?
Not completely. Lease language can allocate many expenses to a tenant, but an owner still faces tenant default, lease expiration, capital and environmental issues, administration and resale risk. Review landlord obligations and budget management rather than assuming no work or cost.
Does Illinois exempt rental income because I am retired?
No. Being retired does not turn ordinary rent or a taxable property sale gain into eligible retirement plan income. Illinois allows a subtraction for qualifying retirement income included in federal adjusted gross income. A CPA should distinguish property income, account distributions and Illinois source income.
Should I sell my industrial building before retirement?
Compare holding with professional management, a taxable sale and a qualifying exchange using after tax cash, lease rollover, capital work, loan maturity and family goals. Plan the business transition separately if your company occupies the building. There is no universally best retirement exit.
Is a lazy 1031 a special retirement tax exemption?
No. It describes a potentially qualifying exchange into less actively managed property, not an IRS program. Eligible DSTs or professionally managed properties still involve exchange rules, restricted liquidity, fees and investment risk. There is no guaranteed income or automatic qualification.
Can depreciation offset my retirement withdrawals?
Not automatically. Passive rental losses generally cannot offset pension, IRA or conversion income without an applicable exception or allowance. Material participation, real estate professional status, MAGI, basis and at risk limits require separate review.
Should I order a cost segregation study before retiring?
Compare usable deductions, study cost, suspended losses, hold period, Illinois differences and potential recapture with a CPA. Shorter life classifications can accelerate eligible deductions but do not guarantee current savings or improve property cash flow.
Will all my building sale gain be taxed as ordinary income?
Not necessarily. Section 1245 and Section 1250 ordinary recapture, unrecaptured Section 1250 gain and other qualifying gain have different rules. Straight line building depreciation does not automatically make every gain dollar ordinary income. Ask for an asset specific federal and Illinois calculation.
Can my estate owe Illinois tax even if it owes no federal estate tax?
Yes. Illinois has a separate $4 million exclusion and no state portability, while the federal basic exclusion is $15 million per individual for 2026 under current law. Gifts, deductions, ownership and Illinois situs matter; the exclusions are not simple property equity deductions.
Do gifting and inheriting my building give heirs the same basis?
No. Lifetime gifts generally carry donor basis for gain, while qualifying inherited property generally uses fair market value at death or an applicable alternate value. Retirement accounts and entity interests have different rules. Coordinate gift, estate and later income taxes before transferring ownership.
Primary sources and scope
Prepared October 8, 2026 using the references below. Verify the latest publication, applicable tax year, plan documents and transaction facts before acting. Annual limits, tax rules and provider permissions can change. Examples are educational assumptions, not Chicago market statistics or individualized recommendations.
- IRS Publication 590-A: IRA contributions, compensation, transfers and rollovers
- IRS Publication 590-B: distributions, Roth rules and inherited IRAs
- IRS: prohibited transactions and consequences
- IRS: one participant 401(k) plans and Publication 560: retirement plans for small business
- IRS: required minimum distributions
- IRS Publication 598: unrelated business taxable income and debt financed property
- IRS: real property like kind exchanges and Form 8824 instructions: exchange requirements and deadlines
- Illinois Department of Revenue: Publication 120, retirement income
- IRS Publication 925: passive activity and loss limits, Publication 946: depreciation and Publication 544: sales and recapture
- IRS estate and gift updates and Illinois Attorney General estate tax forms and instructions
- SEC Investor.gov: REITs and self directed IRA fraud risks