Why Do You Need an LLC For a Self-Directed IRA?
Many IRA investors use LLCs as a way of exercising checkbook control and saving transaction fees at their IRA custodian, typically when investing directly into real estate.
IRA LLCs can be utilized for all manner of real estate investments, from residential to commercial and raw land investments ranging from single family to multi-family dwellings as well as building lots, as well as contracts for sale or lease options.
1. Limited Liability
An LLC provides limited liability protection, meaning personal assets of its members won’t be at stake should legal action take place against them. As a result, it has become a popular investment vehicle – particularly when holding investments such as real estate.
An IRA may own and manage an LLC to purchase various investments such as residential, commercial and raw land ranging from single-family homes, building lots and vacation property to contracts for sale and lease options.
If you want to purchase investment property through an LLC, the first step in doing so should be forming the company. Unfortunately IRA Resources cannot assist in this matter but there are resources online and through local small business associations available that may help.
2. Pass-Through Income
An LLC inside a Self-Directed IRA can be an ideal vehicle for alternative investments like private equity and real estate, as well as for managing properties through renting or flipping.
An IRA LLC allows you to make retirement investments more conveniently without needing the approval of your custodian, providing more freedom while potentially reducing transaction fees and delays.
Whenever operating a multi-member LLC, it is vital to draft an operating agreement which details its management structure and procedures as well as any prohibited transactions rules you must abide by. Should your LLC incur unearned business income tax liability (UBTI or UDFI), filing Form 990-T with the IRS would likely be necessary; this situation however rarely arises since IRA-owned LLCs rarely generate taxable income.
3. Flow-Through Taxes
If your IRA owns an LLC that earns income, it will be taxed as a flow-through entity and its income will be reported on your IRS tax return, while any expenses related to it can be deducted as well.
This step is particularly essential if your IRA invests in non-traditional or alternative investments, since combining personal funds with investment assets could jeopardize its tax-deferred status and compromise tax advantages of an account.
IRAR Trust cannot create your LLC for you; however, there are resources online that can assist with creating one. In particular, an EIN and operating agreement that conforms with IRS requirements should be obtained before opening a business checking account for the LLC.
4. Flexibility
If you’re investing in real estate or engaging in other transactions that require frequent back and forth, an LLC could be a smart move. By forgoing custodial approval and cutting transaction fees, an LLC could save time and effort while saving money in fees.
Your LLC must also comply with IRS rules when creating its operating agreement and applying for an EIN number, which allows it to open business banking accounts directly in its name and make investments without first going through its custodian – known as “checkbook control.”
An Individual Retirement Account, or IRA, allows investors to invest in assets like residential and commercial real estate, raw land ranging from single-family houses to multi-family properties, contracts for sale and lease options.
5. Control
An LLC owned by a Self-Directed IRA has become increasingly popular among investors seeking more control of their SDIRA investments. Known as an IRA/LLC or checkbook control IRA, this strategy offers several advantages that make it ideal for real estate and other alternative investments.
An IRA/LLC structure enables its owner to minimize transaction fees and delays by forgoing approval from custodians, and increase flexibility by having signing control over contracts and access to an LLC business checking account. IRA/LLC structures are commonly utilized when investing in real estate that requires hands-on involvement from its owner as well as startups and private REITs.
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