Can an LLC Invest in Gold?
There are various methods of investing in gold, with physical quantities like coins or bullion being one option, while mutual funds and futures ETFs do not buy physical gold directly and are subject to taxes at the ordinary long-term capital gains rate.
Investment through an IRA-owned LLC is one way to reduce your tax bill and prevent incurring fees charged by custodians for physical precious metal storage.
Asset Protection
As one might suspect, if someone sues your LLC and wins, they could attempt to seize every asset it holds – from after-tax investments and personal belongings such as homes and cars.
Legal Entity Identifiers (LEIs) help creditors seize assets held within an investment LLC more difficult, yet this won’t protect you against determined legal opponents.
Asset protection planning is the ideal way to shield both your estate and liquid wealth from legal threats. An effective plan will include using an investment LLC, trusts and offshore bank accounts; however, this complex strategy requires professional guidance. Rearranging existing holdings without consulting first may constitute fraud. Domestic or international asset protection trusts provide more robust protection than LLCs from creditors attacks on your wealth.
Investment Options
Gold has long been considered an investment worthy of consideration due to its many uses; such as being used as a store of value, diversifier or hedge against currency volatility. Investors can purchase gold in coins, bars or futures contracts.
Tax rates on physical gold investments fall under long-term capital gains rates unless classified by the IRS as collectibles with a higher maximum collectors’ rate applied. Their cost basis must be carefully tracked as any expenses, like storage fees, may reduce any taxable gains.
Establishing an LLC to invest in precious metals should involve purchasing them with cash purchased by the entity, then transferring them using a signed transfer agreement signed before a notary. In addition, an LEI should be obtained and strict record keeping requirements adhered to so as to avoid potential tax liabilities.
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