Unrelated Business Income Tax on Businesses From Your Self-Directed IRA

by | Mar 11, 2023 | Self Directed IRA




Self-directed IRAs are not only useful for retirement. They can also be used to grow your wealth long before you retire, if you do it right and you comply with all the rules.

Watch this video to learn more rules that apply to your SDIRA and how you can avoid them!

Key Talking Points of the Episode

[00:00] Introduction
[00:18] What is Unrelated Business Income Tax?
[00:56] How can you incur UBIT?
[02:20] What other issues can you encounter when using your IRA?

Quotables

“Unrelated Business Income Tax, also some of them call it Unrelated Debt Financing Income Tax – in certain circumstances, your IRA may incur an income tax.”

“These rules are designed to prevent the IRA that’s normally tax-exempt from operating businesses in a way that competes with other every day businesses outside of IRAs.”

“They don’t wanna give IRAs advantages over other regular businesses, so if you’re operating a business and you’re getting business income into your IRA, it may be subject to this Unrelated Business Income Tax.”

“If the IRA has income from an unrelated trade or business, like technically flipping is a trade or business, not an investment.”

“Let’s say you buy a rental property, your IRA puts 20% down and 80% is financed, every time you get a rent check, 80% of that rent check is subject to UBIT.”

“Just be aware of these situations and research them. Make sure you’re not doing something that would cause income tax in your IRA.”

“You can see that with self-directed IRAs, there are some pretty strict rules. These rules are black or white.”

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“If you have any questions, you need to seek professional assistance from a lawyer or CPA who knows about these rules.”

“If you do this right, you can make an incredible amount of tax-free or tax-deferred income using a self-directed IRA, 401K, or HSA and things like that.”

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As a business owner, you may be familiar with the concept of unrelated business income tax (UBIT). UBIT is a tax that applies to the income derived from a trade or business that is unrelated to the tax-exempt status of an organization.

But did you know that UBIT also applies to businesses that are owned by self-directed IRAs? Yes, that’s right. If your IRA invests in a business, you may be subject to UBIT.

Here’s a closer look at UBIT and how it applies to businesses owned by self-directed IRAs.

What is Unrelated Business Income Tax (UBIT)?

UBIT is a tax on the income that is generated from a trade or business that is unrelated to the tax-exempt status of an organization. For example, if a nonprofit organization operates a business that generates income, that income is subject to UBIT.

The purpose of UBIT is to level the playing field between tax-exempt organizations and tax-paying entities. Without UBIT, tax-exempt organizations would have an unfair advantage over their tax-paying counterparts.

How does UBIT apply to Self-Directed IRAs?

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Self-directed IRAs allow investors to invest in a wide range of assets, including real estate, private equity, and businesses. When a self-directed IRA invests in a business that generates income, that income may be subject to UBIT.

For example, let’s say that your self-directed IRA invests in a bakery that generates income from selling baked goods. If the income generated from the bakery is unrelated to the tax-exempt status of the IRA, it may be subject to UBIT.

How is UBIT calculated?

The UBIT is calculated based on the net income generated by the unrelated trade or business. The UBIT rate is the same as the corporate tax rate, currently set at 21%.

It’s important to note that the UBIT is only applied to the net income generated by the unrelated trade or business. Expenses related to the unrelated trade or business can be deducted from the income.

How to Avoid UBIT

While UBIT can’t be completely avoided, there are ways to minimize its impact. One option is to limit the amount of activity that generates unrelated business income. For example, if your self-directed IRA invests in a business, consider investing in a business that generates most of its income from a related trade or business.

Another option is to utilize a blocker corporation. A blocker corporation is a separate legal entity that is used to hold the self-directed IRA’s interest in the business. The blocker corporation is subject to corporate tax rates, which are often lower than UBIT rates. This can help reduce the amount of UBIT that the self-directed IRA is subject to.

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Conclusion

UBIT can be a complex issue for business owners who are investing through self-directed IRAs. However, with the right knowledge and planning, you can minimize the impact of UBIT on your business. Be sure to consult with a tax professional who is experienced in handling self-directed IRAs to ensure that you are taking advantage of all available tax planning strategies.

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