It’s a unique arrangement: an LLC within your Self-Directed IRA gives you the power to make retirement investments from the convenience and flexibility of a checkbook. And it makes life easier for retirement investors. But before that ease-of-use, you have to set the accounts up properly. And that means you need an LLC established within your state to kick things off. To make sure that happens, you’ll have to have a Checkbook IRA LLC Operating Agreement, which is often part of the paperwork for establishing an LLC like this in the first place.

Sound like a challenge? It’s probably not the obstacle you think it is. Let’s explore what a Checkbook IRA LLC operating agreement is, what it requires, and how you can easily make this happen within your retirement portfolio.

What Is an Operating Agreement for a Checkbook IRA LLC?

An Operating Agreement is the legal document outlining the internal governance of your Self-Directed IRA LLC. It specifies the LLC’s ownership, for starters. It also points out the management structure and explains the rules for decision-making, distributions, and compliance. In the context of a Checkbook IRA, the Operating Agreement plays a crucial role in ensuring that the LLC remains compliant with IRS regulations governing Self-Directed IRAs. If you don’t have a proper operating agreement, in place, you probably don’t have a proper LLC. So it’s important to get it right.

Fortunately, there’s one advance to keeping this LLC within your Self-Directed IRA: the Operating Agreement will be simple. Because your IRA is the sole owner of the LLC (through the structure known as a Single Member LLC), the Operating Agreement must clearly state that all actions of the LLC are carried out on behalf of the IRA. The agreement also establishes you, the IRA holder, as the manager of the LLC. You’ll have the authority to write checks and make investments on behalf of the LLC.

What’s Included in a Checkbook IRA LLC Operating Agreement?

There are a few key elements they should all contain:

• Statement of Ownership: The Operating Agreement needs to clearly state that your Self-Directed IRA is the sole owner (or “member”) of the LLC. This ensures that the IRS recognizes the LLC as an extension of your retirement account. This helps protect its tax-deferred or tax-free status. Ownership should be reflected as the IRA itself, not you personally, to comply with regulations. (If you were the personal owner, you would receive a specific benefit from the business, which would disqualify it as a legitimate retirement asset.)
• Designation of Manager: The Operating Agreement should specify your IRA’s role as manager, granting you the authority to execute investments, sign checks, and manage the LLC’s operations. However, remember you can’t receive a salary or other personal benefits from the LLC. All profits have to flow back to the IRA.
• The Purpose of the LLC: The agreement should explicitly define the LLC’s purpose as making investments on behalf of the Self-Directed IRA. The document should also state that all assets of the LLC are held for the exclusive benefit of the IRA and are used solely for investment purposes. This clause helps protect the LLC from prohibited transactions that could trigger penalties.

Interested in learning more about Self-Directed IRAs?  Contact American IRA, LLC at 866-7500-IRA (472) for a free consultation.  Download our free guides or visit us online at www.AmericanIRA.com.