The IRA Owned LLC, a Great Tool for Investing

"So many investors are tired of watching theirwhile it can be taxed as a partnership. Partnership
retirement accounts dwindle away from thetaxation is great because the LLC itself will not
lackluster performance of the stock market, whilepay taxes. Instead, the owner of the LLC pays
the value of their home and surrounding areastaxes as if they earned the income. Who is the
increase in the double digits," said Marco Caporale,owner of the LLC? Your IRA is the owner of the
President and CEO of Independent ExecutiveLLC(a tax- exempt entity). Therefore, you can
Management, LLC.maximized your investment and pay no taxes,
Although using your retirement account towhat a deal.
purchase real estate does offer the potential forWhat are the "alternative investments" mentioned
two to three times the annual appreciation ofabove? They are too multiple to mention here but
traditional stocks, it does come with a lot ofI will try:real estate, other LLC's, franchises,
regulations and severe penalties, if not correctlyunsecured loans, corporations, mortgage notes,
applied. That is why the right account has to becommodities and futures, joint ventures, tax liens
set up, the rules have to be followed and a goodand tax deeds, currency exchange, times shares,
custodian can help. It is not difficult and it can belimited partnerships, timberland investment, real
done and many are doing it and making greatestatle options, commercial paper, hunt lease
money for the future.investments, stocks, bonds, mutual funds,
If you read this far you are thinking, "I haveannuities, ect.
heard of this before and all I have to do is open aIs the concept of an IRA owned LLC legal? Yes,
self-directed IRA." However, to truly set your IRAand the case Swanson VS. The Commissioner in
free, (what many call checkbook control IRA), a1996 cleared up any doubts that anybody had
couple of steps have to be taken that will giveabout this issue. In this case the court rejected
you total control of your IRA funds and profoundthe IRS position that the business structure
asset protection. Yes, your IRA's, otherconstituted a prohibited transaction. The IRS was
retirement accounts, and other investments areso wrong that the judge had the IRS refund legal
not protected from law suits and you can loosefees to MR. Swanson.
your nest egg.How can you create this magnificent business
Let me start by giving you some backgroundstructure to increase money for your retirement
information. First of all, most custodians, even trueyears? Here are the simple steps:
self directed custodians, require massive amounts1. Open a self-directed IRA account. 2. Transfer
of paperwork and numerous hoops to jumpyour IRA assets to the new, self-directed IRA
through in order for you to invest your IRAaccount. 3. Establish a LLC in the state of your
money in an "alternative" investment. This costsdesire. 4. Apply for your LLC's employer's
you time and money (custodian fees). To moreidentification number (EIN). 5. Set up a brokerage
effectively use your IRA, your IRA will insteadaccount or bank account for your LLC. 6. When
place all of its assets into a limited liability companyyou are ready to invest instruct the custodian to
(LLC). Therefore, there is only one asset to beplace the IRA assets into the bank account or
declared by the custodian to the IRS and thisbrokerage account of the LLC. 6. Start
translates to fewer fees to you. Notice I did notcheckbook investing.
say that your custodian manages your IRA. ThenFinally, you can move into the sef-directed IRA
who manages the IRA? well, you of course.owned LLC other retirement plans, 401ks, 403B
Why an LLC? The LLC gives great assetand have other investors joint in with you. Good
protection and tremendous tax advantages. Theluck and happy investing.
LLC enjoys the asset protection of a corporation