What is a Real Estate IRA LLC?
A real estate IRA LLC is typically used in one of two ways: as a single-member LLC for one individual’s IRA (also referred to as “a checkbook IRA”) or as a multi-member entity for several investors to pool their funds together. Those with multiple members often partner their funds to acquire larger investments.
You do not have to form an LLC to invest in real estate with your IRA, and many people do not use an LLC to hold investment property. However, those who do use an LLC have immediate access to funds, can complete transactions quickly in competitive markets, and may avoid some administrative costs incurred by a typical self-directed IRA.
Real Estate IRA LLC with checkbook control
When the only member (owner) of the LLC is an IRA, this structure is also known as a checkbook IRA. The manager of the LLC opens a bank account for the entity, and the IRA funds that bank account. This gives individuals direct access to and control over their retirement funds. The ability to write checks makes it easier to manage and pay expenses to maintain the assets in the account.
Of special consideration
While a real estate IRA LLC offers great benefits and flexibility, the same regulations that govern IRAs apply to these LLCs. The IRA owner must avoid prohibited transactions and dealings with disqualified persons to remain in compliance with IRS guidelines. The IRA owner is also prohibited from commingling non-IRA funds within the LLC and is prohibited from taking any compensation for managing the LLC.
Real estate IRA LLC transactions require a great deal of accounting and the IRA owner is responsible for keeping complete and accurate records. Forming an LLC creates an additional cost and entails a supplementary set of rules that must be followed.
Advanta IRA strongly encourages individuals considering this type of set-up to consult with your attorney, CPA or other financial professional to determine if using an IRA LLC is right for you.