IRA/LLCs - What You Need to Know - YouTube

Channel: Mat Sorensen - Attorney, Author, SDIRA Expert

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Hi, I'm Mat Sorensen, attorney and author of The Self-Directed IRA Handbook, the most
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widely-used book on self-directed IRAs.
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Now, today we're going to be talking about the IRA/LLC, sometimes called a "checkbook
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control IRA."
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Now, an IRA/LLC is used by many self-directed IRA investors as a way to more efficiently
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handle and invest their assets.
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Now, it consists of two parts: First, a self-directed IRA; second, an LLC owned 100% by that IRA.
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Now first, a self-directed IRA: If you have existing retirement plan money, but not a
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self-directed IRA yet, the first step you'll need to do is find a custodian who allows
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you to self-direct.
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Who allows your IRA to invest in real estate, LLCs or other forms of alternative investment.
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You'll roll your existing retirement plans over into that self-directed IRA.
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Now, step two, is: We're going to have that self-directed IRA invest into the LLC.
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It's going to own the LLC 100%.
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It's going to invest an amount of cash in which you designate into the LLC.
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This is a specific LLC: It's an "IRA/LLC."
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It's very unique from regular LLCs.
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There's provisions in these documents that are different than a regular LLC document.
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This LLC is going to be used to actually own the assets.
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So, rather than my IRA owning real estate directly, the IRA will own an LLC, the LLC
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in turn will own the real estate.
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Now, the LLC's going to have an LLC business checking account.
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That's where the IRA money's going to get deposited for the investment from the IRA.
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You can be manager of the LLC.
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As manager of the LLC, you can manage the LLC business checking account, you can sign
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for checks, receive income in the LLC business checking account.
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When the LLC wants to go make investments, you can sign on contracts for the LLC as manager
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of the LLC.
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Now, keep in mind, you don't own this LLC; your IRA does.
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You're simply acting as manager of the LLC, and manager of an LLC is like the President
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of a corporation.
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You're simply the person who can act on behalf of the company.
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Now, there's a few things you cannot do as manager of the IRA/LLC.
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First, you cannot pay yourself compensation, salary or any fees for being the manager of
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the IRA/LLC.
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Nor could you pay them to any other disqualified persons, like your spouse or children.
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Second, you can't have use of the assets or benefit of the assets that the LLC owns.
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And third, the funds in the LLC need to be separate from your personal funds.
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Do not mix your personal bank account or personal assets or investments with the IRA/LLC.
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Now, there's a few things you need to know when you actually operate your IRA/LLC.
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First, keep in mind the LLC should be on title to any assets, not the IRA, not you personally.
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The LLC will be on the deed to the rental property, or the LLC will be the lender on
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the note, or whatever it is the investment you're making, the LLC is on title to that.
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Second, the IRA/LLC, if it's owned 100% by your IRA, is considered a "disqualified entity"
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for tax purposes.
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That's nice because that means there's no tax return required by the IRS for the LLC.
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You simply need to keep the LLC active with your state.
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Lastly, remember: You don't own the LLC, your IRA does.
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If you want to take money from the LLC, you need to first send the money from the LLC
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back to your IRA and then you take a distribution from your IRA.
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You can never take money for yourself directly from the LLC.
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Also, when you're putting more money in, you're making new contributions, you cannot just
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deposit it into the LLC.
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Contributions need go first into your IRA, and then you'll invest those additional contributions
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into the LLC.
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Hey, hanks for watching.
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I want to let you know about some additional educational materials to better help you take
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control of your retirement.
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Please check out my Self-Directed IRA Handbook and the accompanying video series.
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I also have an annual Self-Directed IRA Summit that is recorded and available online virtually
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at anytime.
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Please sign up for my free weekly newsletter that includes my free Self-Directed Investor
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Toolkit.
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Also, if you liked the video, don't forget to like and comment below, and please subscribe
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to my YouTube channel to get more information about how you can better take control of your
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retirement.