Checkbook IRA LLC FAQ

A Checkbook IRA LLC is a legal Limited Liability Company (LLC) and functions just like a “typical” LLC with which you are familiar. It will be assigned a tax ID number. This tax ID number will be used to set up a business checking account for the IRA LLC, just like any business would.

The difference is in how the entity is owned and where the money comes from.

1. The “member” of the LLC is your IRA, not you as a person, and the IRS requires that the ownership be titled like this: Solera National Bank, FBO (Your Name) IRA Account # 123456. FBO means “for the benefit of.” Your IRA account number is what will be used.
2. The monies used to fund the IRA LLC must come from your retirement account and cannot be combined with any personal money.

Simply put, the LLC will be owned by the IRA. The LLC will be managed by you, the IRA owner.

You can name it anything you want if the name has not already been used by someone else. For illustration purposes, let’s name the LLC “Loving Retired Life, LLC.”

You choose the amount of money you want moved from your retirement account into the IRA LLC checking account and direct the Custodian to do so. You, as manager, control the checking account.  This allows you to make investments by simply writing a check directly from the IRA LLC bank account. This is where the term “checkbook control” comes from.

You, as manager, buy and sell investments within your IRA LLC just like you would within any “typical” LLC.

KEEP IN MIND:

1. Any investment purchased with the IRA LLC must list the LLC as the owner or investor, not you as an individual. (“Loving Retired Life, LLC” is the owner.)
2. All income and/or gains from your IRA LLC investments must go directly back into the IRA LLC checking account and any expenses related to your investments must be paid from the IRA LLC checking account.

NEVER COMBINE YOUR PERSONAL MONEY, IN ANY WAY, WITH THE IRA LLC OR ANY INVESTMENT THE IRA LLC HOLDS, INCLUDING EXPENSES.

Historically, brokerage firms have been set up to sell products. Their products! They sell stocks, bonds and mutual funds and they make money doing so. These firms are so large and so numerous that it became the accepted “norm” that retirement accounts could only invest in these types of assets. Financial planners, CPA’s and Attorneys were not taught any other way. The self-directed IRA and the checkbook IRA LLC are set up to allow you to invest in alternative investments that are typically held outside of the stock market.

The IRS only lists 2 restricted investment types for any IRA:

1. Collectables (Stamps, art, baseball cards, etc.)
2. Life insurance policies

Today more and more Americans are demanding more options. This is why “alternative investments” play such a large part in the IRA LLC structure.

The IRA LLC has two main benefits:

1. Control – You are empowered to invest in what you want and when you want, without limitations, and without the hassle of waiting for a custodian to get around to executing your request.
2. Reduced fees – Because the custodian does not have to execute purchases, sales or pay expenses, etc. they do not charge you transaction fees.

ABSOLUTELY NOT! The IRS would consider this a “prohibited transaction” between your IRA and you, a “disqualified person.” Likewise, you cannot “invest sweat equity” into any investment owned by your IRA LLC either. An example of sweat equity would be that you personally complete the demolition on an investment property owned by the IRA LLC. To save money, often times real estate investors do a lot of rehab work themselves. When a property is owned by your IRA LLC, you cannot do any work on your investment property.

Disqualified persons include not only you, but your spouse, your parents and grandparents, your children and grandchildren (and their spouses). Learn more about prohibited transactions.