Why Do You Need an LLC for a Self Directed IRA?
An IRA LLC structure gives account owners more control when investing in real estate; however, it’s still essential to understand all applicable rules regarding prohibited transactions and disqualified parties.
Once an IRA LLC is formed, you can open a business checking account by transferring funds from your self-directed IRA into its operating agreement.
Liability Protection
IRA LLCs provide many of the same investment benefits associated with traditional retirement accounts, with additional liability protection. With an LLC investment account, funds do not directly tie back to you as an account owner if something goes wrong in an investment – thus protecting against personal exposure in case anything goes amiss in its performance. Furthermore, investing through an LLC helps maintain confidentiality as it will appear as such when listed as such on real estate documents and title transfers.
This type of structure gives you full checkbook control, as you can invest without custodial interference or IRS penalties. However, prohibited transactions should be avoided to avoid incurring IRS fines and forfeiture of tax-deferred growth in future tax-years. Therefore it is wise to partner with an experienced self-directed IRA specialist like Accuplan Benefits Services which offers expert IRA LLC setup and processing with turn around times in just weeks.
Tax-Free Investments
Employing an LLC as your self-directed IRA provides checkbook control. This means that when investing your retirement savings directly in the LLC instead of under your personal name, giving more privacy and potentially helping reduce some fees associated with alternative asset investments such as transaction-based fees charged by your custodian.
IRA owners frequently utilize an LLC structure to purchase real estate and other alternative assets, as it offers them tax benefits. Because an LLC is its own legal entity, any profits generated from investment activities flow directly into its account – helping avoid mixing of funds between personal and retirement accounts which would violate IRS rules and disqualify it as tax-deferred or tax-free accounts.
To take advantage of these benefits, first establish an LLC and register it with your state according to its requirements (which may include filing articles of organization and paying one-time or annual registration fees). Furthermore, it is a good idea to establish a business checking account specifically dedicated to this entity.
Checkbook Control
There are various reasons IRA investors opt to invest in an LLC, such as limited liability protection and pass-through taxation. Investments with high transaction volumes or liability risks typically make an ideal candidate for this structure.
An IRA LLC investment enables its owner/manager to maintain “checkbook control”, eliminating the need for custodian transactions and saving both time and money by eliminating transaction fees altogether.
Keep in mind, however, that an IRA LLC cannot be used to make personal investments or transact with disqualified persons (i.e. you, your spouse, children or parents or entities that you control). Doing so would violate IRS regulations regarding prohibited transactions and could incur unwanted taxes and penalties; to make the most out of your IRA LLC experience work with a full-service Self-Directed IRA provider like Mountain West IRA for optimal setup.
Flexibility
Over 22 million LLCs exist in the U.S. and IRA owners have used them to invest in non-traditional investments such as real estate, startups and private equity for their retirement accounts – these assets are known as Alternative Investment Assets (AIAs).
For such investments, an IRA owner must first form a Single-Member LLC before transferring funds from their IRA into its bank account. This structure is often referred to as a Checkbook IRA because it allows the owner of an IRA account to write checks against it directly without custodial interference and pay expenses and make purchases directly without custodial interference.
At times, however, certain rules must be strictly observed to avoid prohibited transactions, so it’s wise to work with an experienced Self Directed IRA LLC expert. They will establish the specialized LLC and draft an Operating Agreement necessary for opening an LLC bank account with your custodian or bank.
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