My article on IRA/LLCs for self-directed IRA investors was published by the California Lawyers Association, Section on Business Law, eBulletin. In the article, I outline the benefits of an IRA/LLC, how to properly set up an IRA/LLC, how the documents need to be restrictive over and above a standard LLC set-up, and discuss the cases where self-directed IRA owners have improperly operated the IRA/LLC.
An IRA/LLC is an investment structure whereby an IRA invests capital into a newly created limited liability company (“LLC”). The IRA owns the LLC units just like your IRA can own Coca-Cola corporation stock. This IRA/LLC structure has been popular amongst real estate investors and other investors who regularly invest in alternative assets with their retirement accounts. A common IRA/LLC structure is one where the IRA invests a designated amount of cash into the LLC in exchange for 100% of the membership units of the LLC. The LLC then in turn acquires the intended investment asset. For example, a rental property. An IRA/LLC can also be formed with numerous IRAs owning the LLC with the ownership allocated between the different IRAs based on the dollars invested.
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