Checkbook Control IRA Legal

December 17th, 2013

The ability to invest retirement funds in a newly established special purpose entity owned 100% by an IRA and managed by the IRA holder has been deemed legal by the Tax Court and IRS for over 18 years.  However, only until recently, did the Tax Court confirm that the use of a newly established  limited […]

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The Advantages of a Checkbook IRA

December 6th, 2013

Custodian Controlled vs. Checkbook Control Experience the Self-Directed IRA LLC “Checkbook Control” Advantage Many traditional IRA custodians advertise themselves as offering a Self-Directed IRA, but what that really means is that you will need approval from your custodian before making an investment. Whereas, in the case of a truly Self-Directed IRA, a limited liability company […]

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What is the difference between the ROBS Structure and the IRA Financial Group’s Business Acquisition and Compliance Solution Structure?

October 16th, 2013

The IRS has coined a structure that has been designed as a means for prospective business owners to access accumulated tax-deferred retirement funds in order to cover new business start-up costs as Rollovers as Business Startups, or ROBS. As stated in the IRS’s October 1, 2008 Memorandum and repeatedly affirmed by the IRS, the ROBS […]

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The Advantages of the “Checkbook Control” IRA

October 4th, 2013

Experience the Self-Directed IRA LLC “Checkbook Control” Advantage Many traditional IRA custodians advertise themselves as offering a Self-Directed IRA, but what that really means is that you will need approval from your custodian before making an investment. Whereas, in the case of a truly Self-Directed IRA, a limited liability company (“LLC”) is established that is […]

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Is the Self-Directed IRA LLC Legal?

September 11th, 2013

The Self-Directed IRA Structure has been in use for some 35 years, however, the concept of using an entity owned by an IRA to make an investment was first reviewed by the Tax Court in Swanson V. Commissioner 106 T.C. 76 (1996). In Swanson, the Tax Court, in ruling against the IRS, held that the […]

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The IRS Position for Using Retirement Funds to Start a Business

August 28th, 2013

The Employee Retirement Income Security Act of 1974 (otherwise known as ERISA) and the Internal Revenue Code clearly allow for the use of retirement funds to acquire or invest in a new or existing business as long as the transaction complies with IRS and ERISA rules and regulations. Business owners have been using retirement funds […]

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Is there any truth to the rumor the IRS is no longer allowing self-directed IRA LLC structures to acquire Tax ID#s for the LLC?

August 9th, 2013

By. Adam Bergman, Esq Nothing could be father from the truth.  Like I do almost everyday on behalf of client, I acquired a Tax ID# for a self-directed IRA LLC client just yesterday.  The reason I am even writing this blog is because of a recent article I read on Zero Hedge that claimed that […]

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“Checkbook Control” IRA Advantage

May 6th, 2013

Many traditional IRA custodians advertise themselves as offering a Self-Directed IRA, but what that really means is that you will need approval from your custodian before making an investment. Whereas, in the case of a truly Self-Directed IRA, a limited liability company (“LLC”) is established that is owned by the IRA account and managed by […]

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