SDIRA LLC vs just SDIRA and rental income.

SDIRA LLC vs just SDIRA and rental income.

CA · Member since 2018 · 124 posts · 33 votes

I have a two part question. 

1. If I understand the SDIRA, without an LLC I have to wait for the custodian to approve a transaction in addition to them charging me fees..correct?

If that's the case is there a reason not to have an LLC?

2. If I purchase an income property and collect rents, can I take those rents and use them to pay down the investment home or use them in another manner or do they have to sit until disbursement at 59 1/2 year?

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Brian EastmanPro Member
Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
5y

@Matthew Swearingen

Having a custodian-only solution means having a 3rd party process every expense and income transactions.  That means paperwork, delays, and per-transaction fees.

For a static investment like a fund or private stock, that can work OK.

Real estate is not static, and requires checkbook control.  You can't wait a week to have your custodian pay a plumber, for example.  Timing is critical in real estate so you need the checkbook in your hands, never mind the headache and fees of the 3rd party.

For a California based investor, I would recommend an IRA owned trust to obtain checkbook control as opposed to a LLC. Even an out-of-state LLC will have a California footprint for income reporting and taxes if you are a resident of the Golden State. A trust will not if structured properly.

Any income produced within the IRA must stay within the IRA. Rental income to your IRA is no different than dividend income from a stock in that sense. You can use the accumulated rents to make other investments and compound the growth of your tax-sheltered savings.

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  • Rental Property Investor · RVA · Member since 2016 · 5k+ posts · 4k+ votes
    5y

    If I were buying rentals in a SDIRA (I wouldn't) then I would definitely do it with a checkbook control IRA. Which is basically what you're describing. Having the custodian run every transaction and bill you for it would be absurd and expensive.

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    5y

    @Matthew Swearingen

    Having a custodian-only solution means having a 3rd party process every expense and income transactions.  That means paperwork, delays, and per-transaction fees.

    For a static investment like a fund or private stock, that can work OK.

    Real estate is not static, and requires checkbook control.  You can't wait a week to have your custodian pay a plumber, for example.  Timing is critical in real estate so you need the checkbook in your hands, never mind the headache and fees of the 3rd party.

    For a California based investor, I would recommend an IRA owned trust to obtain checkbook control as opposed to a LLC. Even an out-of-state LLC will have a California footprint for income reporting and taxes if you are a resident of the Golden State. A trust will not if structured properly.

    Any income produced within the IRA must stay within the IRA. Rental income to your IRA is no different than dividend income from a stock in that sense. You can use the accumulated rents to make other investments and compound the growth of your tax-sheltered savings.

  • CA · Member since 2018 · 124 posts · 33 votes
    5y

    Thank you for the info guys. Question for Taylor: Why would you not buy RE with SDIRA?

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    5y

    @Matthew Swearingen

    While you are not required to have an LLC and can buy rental property directly with your SDIRA custodial account - you will have to go through a "middle man" for each transaction and pay transaction and asset based fees. IRA owned LLC will allow you to bypass the custodian and have "checkbook" control over your IRA.

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