Monday, January 26, 2015

Common Solo 401k LLC Questions






1. Does the Solo 401 LLC operating agreement only permits real estate transactions or any other investments?

ANSWER:  The operating agreement will include language that lists all investments not disallowed by the IRS regulations and will also list disallowed investments. Disallowed investments include collectibles, works of art and alcoholic beverages, to name a few.

2. Do you need to file any tax returns for the LLC?

ANSWER:   A tax return is only required if the LLC has multiple members and it will be your responsibility in conjunction with your accountant to prepare and to file it.

3. For myself any wife will the LLC be single member or multiple with both of us funds coming from respective solo401k account?

ANSWER: The LLC will be deemed single member since both of you are participating in the same solo 401k plan since the solo 401k will be the member. 

4. Can I also become a member of this LLC (apart from Trustee of solo401k ) using my own funds? Will that be prohibited?

ANSWER: Yes you can as long as it is done at the start; however, the LLC will be deemed a multiple member LLC.  
  
5. What if LLC uses finance to buy real estate, will there be any UBIT tax? If finance is used by Solo401k trust there is no UBIT tax.

 
ANSWER: UBIT will not apply if debt financing is used to invest in real estate.


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