Can an LLC Own Precious Metals?

Can an LLC own precious metals

Numerous investors have questions about investing in gold and precious metals. The IRS allows IRAs to purchase coins and bullion that meets purity requirements as investments for an IRA account.

Misinformation can lead to bad advice; for instance, many companies tout that it’s safe and practical to store precious metals owned by an IRA in your own home.


Owning precious metals via an LLC does not incur additional taxes; as an S corporation is considered a flow through tax vehicle, any gains you realize from them will still be taxed to you in accordance with how they would have been in your personal name.

Consult with your tax professional as the IRS does not always treat precious metals like other investments. In general, any profits gained by selling precious metals constitute capital gains which may be subject to short or long-term capital gains rates, depending on how long you held on to them for.

Considerations must also be given when investing through an IRA in allowable precious metals; otherwise the IRS requires their storage according to Section 1031 requirements – meaning they cannot be kept personally but must instead be held by a broker-dealer or third-party custodian that fulfills technical specifications set out by this statute.

Asset Protection

There are various strategies for safeguarding assets against creditors, such as transferring property into trusts or financing accounts receivable through family limited partnerships. Experts caution that effective asset protection must begin long before claims or liabilities come up for discussion.

Precious metal prices can be extremely volatile and affected by market forces, geopolitical events and other events. Placing precious metals in an LLC provides extra security and peace of mind.

An LLC’s main advantage lies in its non-compliance requirements in each state where assets are located, while Wyoming’s choice-of-law rules permit it to be governed by another jurisdiction’s laws, providing protection not available with other asset holding structures like rental properties and living trusts.

Chain of Title

Chain of Title documents provide evidence of ownership and legal claims over a piece of property, from past owners and any encumbrances on it to future challenges to your claim to it. A thorough chain of title can protect against potential future challenges to your ownership status of the property.

Clear chains of title allow property sellers to sell without difficulty, which is one reason many conduct title searches prior to purchasing homes or other real estate properties.

Chain of title issues are crucial when selling intangible assets like intellectual property to distributors. A filmmaker in need of selling his film’s rights must ensure a clean chain of title when selling to a distributor, for example. Liens may also cause chain of title issues due to unpaid contractor bills or homeowners association dues; title professionals can identify these problems before the sale and resolve them promptly, thus decreasing any chance of an involuntary lien that could derail it altogether.


Precious metals are a popular investment choice for retirement plans and many people own physical precious metals as part of their portfolios. However, the IRS limits IRA investments only to coins and bullion that meets purity standards; any personal storage locations must not be used.

An important consideration here is a recent Tax Court ruling which found the owners of an IRA-owned LLC who stored precious metals at home in violation of IRA storage rules were subject to taxes on all their holdings as being received and received tax-free by themselves.

By creating a gold and precious metals IRA as an LLC, you can reduce risk. Wyoming entities make this easy for business in all 50 states; you may even choose to establish an offshore trust to further safeguard yourself.

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