Originate Report – October 2020

Page 34

FEATURED

UBTI and Mortgage Debt Funds By Edward Brown, Pacific Private Money

A

Most forms of passive income, such as dividends, interest income, and capital gains from the sale of capital assets, are not treated as UBTI. Many investors use their IRAs to invest in Mortgage Debt Funds [MDF]. MDF

ccording to Investopedia, Unre-

empt entities from engaging in busi-

lend money similar to a bank where

lated Business Taxable Income

nesses that are unrelated to their

they take a deed of trust as collateral

primary purposes.

for the loans they make to borrowers.

[UBTI] is income regularly generated by a tax-exempt entity by means of

Typically, income derived from MDF

taxable activities. This income is not

UBTI greater than $1,000 is subject to

are not subject to UBTI even though the

related to the main function of the

taxation. For 2019, the highest tax rate

income derived at the MDF level is not

entity and prevents or limits tax-ex-

was 37%.

passive in and by itself. The IRA inves-

34


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