The “checkbook controlled” LLC seems to be all the rage on the Internet these days. Many web-sites would lead you to believe that Retirement Planning independence is just a few quick steps away. Other sites may lead you to believe that the IRA LLC is the only way to have a self-directed IRA. However, this simply is not true. An IRA owned LLC can be a very useful tool if used in a responsible way, but in the wrong hands, it can create bigger problems than you ever could have imagined.
The self-directed IRA isn’t for everyone. True, it can earn you high yields on your investments if used properly, but it can also get you into trouble if you don’t know what you doing. This holds even truer for the IRA LLC because the custodian never sees any of your transactions and having the LLC’s checkbook at your disposal can lead to some problems.
If you choose to use an IRA LLC, here are some tips that will make your jump into this investment arena a little easier:
KNOW THE RULES REGARDING DISQUALIFIED PARTIES AND PROHIBITED TRANSACTIONS:
There are lots of rules regarding who are disqualified parties and what is considered to be a prohibited transaction. Make sure you review these rules with your CPA or Tax Attorney to ensure that you understand them and how they will affect the operation of your LLC.
DO YOUR DUE DILIGENCE:
There are hundreds of companies on the Internet who claim to offer the service of setting up an IRA LLC. Many are reputable companies who sell a quality product, but there are some that may get you into trouble. No matter which company you decide to use to set up your LLC, make sure you have thoroughly researched their company and that you feel comfortable with them setting up your LLC. Speak with a CPA or Tax Attorney who has extensive knowledge of how to set up an IRA LLC and have them look over the paperwork and give you their expert opinion.
BEWARE OF COMPANIES THAT TELL YOU THE IRA LLC IS THE ONLY WAY TO SELF-DIRECT YOUR IRA:
These companies make their money by setting up these IRA LLCs and will often fail to mention that you don’t need an LLC to have a self-directed IRA. Again, speak with your CPA or a Tax Attorney to decide if owning an LLC is really the best thing for your situation.
KEEP GOOD RECORDS:
It is the manager’s responsibility to keep record of your LLC’s transactions and make sure that the LLC is adhering to its operating agreement. This includes making sure that your LLC is not involved in prohibited transaction.
Remember: your IRA is your retirement money. The last thing you want to do is something that may put your IRA in jeopardy. Do your research, follow the rules and when in doubt, consult your CPA or a Tax Attorney.