Can a Self-Directed IRA Be an LLC?
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IRA LLCs allow account holders greater control of their IRA assets, with access to an LLC bank account for purchase of investment properties or non-recourse loans.
What is an LLC?
An LLC combines the benefits of different business structures (corps, partnerships and sole proprietorships) into one entity for owners to take advantage of protections that may not be available otherwise, such as limited liability protection.
An LLC is also legally distinct from its owners, meaning personal assets of LLC members cannot be used to satisfy company debts or obligations. However, this protection may depend on circumstances and can be disregarded by a court (piercing) in cases such as loan guaranteeing, co-signing for debts or fraudulent acts on part of member.
Forming an LLC involves filing Articles of Organization (or Certificate of Formation, depending on your state) with your state agency that handles business filings, with an associated filing fee. A registered agent will also need to be appointed, who receives official and legal paperwork on behalf of your business and delivers it directly.
What is a Self-Directed IRA?
Self-Directed IRAs allow investors to invest in nontraditional assets, like real estate. You have complete “checkbook control” over these accounts while avoiding fees associated with traditional IRAs.
Note that while you have checkbook control of your IRA, it must abide by IRS rules regarding prohibited transactions and disqualified parties (DP) with whom your SDIRA should not conduct business. Failing to follow these regulations could result in your SDIRA losing its tax-advantaged status and losing tax-deferral.
While a self-directed IRA (SDIRA) may provide an excellent means to invest in alternative assets, it’s wise to consult a knowledgeable financial advisor before selecting investments to ensure they align with your retirement goals. Keep in mind that SDIRAs typically feature more complex fee structures and may require additional paperwork; some custodians charge one-time, annual renewal, and bill payment fees as part of the paperwork requirement.
How do I get started with a Self-Directed IRA?
Self-Directed IRA LLC investments may help save you money on fees charged by custodians and eliminate prohibited transactions which could void tax benefits. Before investing with this vehicle, however, it is wise to consult a legal or financial adviser first.
Your Self-Directed IRA allows you to set up a single-member LLC as an investment vehicle to purchase investments such as real estate, private equity and other assets including any underlying businesses. Once this has been set up, opening bank accounts in its name allows funds from your IRA account to move directly from them and make purchases more efficiently; this is often used for real estate investments referred to as “checkbook control.”
Make sure that the LLC bears the same tax ID number as your IRA so it can easily track its assets. A great idea would be hiring an accounting firm with experience dealing with Self-Directed IRAs.
How can I invest in real estate with a Self-Directed IRA?
Self-Directed IRAs allow investors to diversify their portfolio with alternative assets like real estate through LLC ownership. Self-Directed IRAs enable investors to purchase property and then rent or sell it, creating passive income that diversifies an investor’s portfolio.
However, investing property through an IRA LLC does entail certain restrictions, including prohibited transactions and disqualified individuals. According to IRS rules, no IRA property may be used by you or anyone related to you – this includes spouses, children, parents or grandchildren – for their own benefit or as personal loans guarantees; in addition you cannot personally guarantee loans; annual reporting requirements apply as well as an individual must report fair market values of investment properties or assets held.
To open a self-directed IRA, you can apply online or submit a new account application along with copies of government ID via email, fax, USPS mail or our secure eSignature portal. After the SDIRA has been established, funds can then be transferred directly into its bank account.