What is a Real Estate IRA LLC?
A Real Estate IRA LLC is generally also referred to as a Self Directed IRA LLC with “Checkbook Control”. A Real Estate IRA LLC or Self-Directed IRA LLC with “Checkbook Control” plan is an IRS and tax court approved structure that will allow you to use your IRA funds to purchase real estate or make almost any other type of investment tax- free!
With a Real Estate IRA LLC you will never have to seek the consent of a custodian to make a real estate investment or be subject to excessive custodian account fees based on account value and per transaction.
To establish a Real Estate IRA LLC with “Checkbook Control” structure, a limited liability company (“LLC”) is established that is owned by the IRA and managed by the IRA account owner (you). The passive custodian then transfers the IRA owner’s funds to the new IRA LLC bank account. As the manager of the IRA LLC, the IRA owner will have the authority to make real estate investment decisions on behalf of the IRA providing the IRA owner with “checkbook control” over his or her IRA funds.
When you find a real estate investment that you want to make with your IRA funds, simply write a check or wire the funds straight from your Self-Directed IRA LLC bank account to make the investment. The Self Directed IRA LLC with “checkbook control” allows you to eliminate the delays associated with an IRA custodian, enabling you to act quickly when the right real estate investment opportunity presents itself. “Checkbook Control” is especially important when it comes to making real estate or tax liens investments, since custodian delays could cause you to lose an investment opportunity.
Real Estate is an IRS Approved Investment
The IRS has always permitted real estate to be held inside IRA retirement accounts. Investments with a Real Estate IRA are fully permissible under the Employee Retirement Income Security Act of 1974 (ERISA). IRS rules permit you to engage in almost any type of real estate investment, aside generally from any investment involving a disqualified person.
Types of Real Estate Investments That Can be Made Using a Self-Directed IRA LLC
With a Self-Directed IRA LLC with “checkbook control,” you will have the ability to invest in almost any type of real estate investment. Below is a partial list of allowable real estate investments:
- Residential or commercial real estate
- Raw land
- Foreclosure property
- Mortgage pools
- Tax liens
- Domestic real estate
- Foreign real estate
- Vacation homes
- Rental units
- Condos or coops
- Farm land
A Real Estate IRA LLC Offers Growth Potential
A Self-Directed Real Estate IRA LLC can offer the opportunity to greatly accelerate the growth in your retirement portfolio. With a Real Estate IRA LLC you can take advantage of the high growth real estate investment sector while benefiting from the tax-free IRA benefits.
As an alternative to the stock market, income-producing real estate properties can provide consistent income as well as long-term gains through appreciation. There are no limitations on the types of properties that can be held by a Real Estate IRA LLC. A few real estate investment possibilities include domestic or foreign residential or commercial real estate, industrial buildings, raw land, and farm land. You can also invest in real estate related notes, liens & options.
Real Estate IRA in Today’s Market
The residential and commercial real estate market has taken a dramatic downturn generally due to the subprime mortgage meltdown. While it’s a bad real estate market for current owners and landlords, it’s a great investment market for real estate investors with capital. The Real Estate IRA LLC is perfect for any person looking to diversify their retirement funds by investing in the high growth real estate market. With a Real Estate IRA LLC, you can act quickly on a great real estate investment opportunity. When you find a real estate investment that you want to make with your IRA funds, as manager of the new IRA LLC, simply write a check or wire the funds straight from your Self Directed IRA LLC bank account to make the real estate investment. The Self Directed IRA allows you to eliminate the delays associated with an IRA custodian, enabling you to act quickly when the right investment opportunity presents itself.
Use Leverage with your Real Estate IRA LLC
The Real Estate IRA LLC can be utilized when making a real estate investment all in cash, or may be used when using a non-recourse loan to fund an investment. A non-recourse loan is the only type of loan allowed for a Self Directed IRA. A nonrecourse loan is a secured loan (debt) that is secured by a pledge of collateral, but for which the borrower is not personally liable. Whereas, a recourse loan is a loan for which the borrower is personally liable. Recourse loans are no permitted when using IRA funds. Note – if nonrecourse leverage used, the debt-financed portion of the investment will likely trigger a tax under the Unrelated Debt Financed Income rules (UDFI).
A Real Estate IRA Eliminates or Reduces Custodian Costs
With a Self-Directed Real Estate IRA LLC with “Checkbook Control”, you, as manager of the IRA LLC, can act quickly on a great real estate investment opportunity. With a Real Estate IRA LLC, when you find a real estate investment that you want to make with your IRA funds, simply write a check or wire the funds straight from your Self-Directed IRA LLC bank account to make the investment. The Self-Directed IRA LLC allows you to eliminate the delays associated with an IRA custodian, enabling you to act quickly when the right real estate investment opportunity presents itself.
Gaining “Checkbook Control” is Quick & Easy
The IRA Financial Group will take care of setting up your entire Real estate IRA LLC “Checkbook Control” structure. The whole process can be handled by phone, email, fax, or mail and typically takes between 7-21 days to complete, the timing largely depending on the state of formation and the custodian holding your retirement funds. Our in-house tax and ERISA professionals are on site greatly reducing the set-up time and cost. Most importantly, each client of the IRA Financial Group is assigned a tax professional to help with the establishment of the Self-Directed IRA LLC Checkbook Control structure. You will find that our fee for this service is significantly less than other companies that perform the same or similar services.
The Real Estate IRA LLC “Checkbook Control” Process
STEP 1: A Self-Directed IRA account is established with an IRS approved and FDIC backed passive custodian.
STEP 2: Retirement funds are transferred to the new Self-Directed IRA account tax-free!
STEP 3: A Limited Liability Company (LLC) is formed with the IRA account owner designated as Manager and the IRA as owner (member) of the LLC.
STEP 4: At the direction of the IRA owner, the passive custodian invests the IRA funds into the newly formed IRA LLC. One or more IRAs can be used to fund the IRA, including Traditional, Roth, and SEP IRAs.
STEP 5: The Manager of the new IRA LLC (the IRA owner) directs all, or a portion, of the IRA funds held in the new LLC bank account for investment.
STEP 6: The LLC makes a real estate investment using IRA funds and all income and gains generally flow back to the LLC tax-free!