With a practice focused on Bitcoin and estate planning, I’m often called upon to help my clients with their IRAs, Roth IRAs, 401(k)s, and other retirement accounts.
Many of my clients want to hold Bitcoin in an IRA or 401(k). However, most of the “Bitcoin IRA” companies out there (BitcoinIRA, Kingdom Trust, BitGo, Regal Assets, etc.) charge large custodial fees for doing so.
Wouldn’t it be great to avoid all these issues by just holding cryptocurrency directly, in control of your own private keys, while still maintaining the tax benefits of an IRA or Roth IRA? This would allow you to cut out all of those middleman fees.
It turns out there is a way to do this, so long as you know how to avoid the hidden traps.
Quick note: All references to an “IRA” in this article refer not just to traditional IRAs, but also to Roth IRAs. The strategies in this article are also available for 401(k)s, as discussed later.
When you hold funds in an IRA (or Roth IRA), under the Internal Revenue Code, the default rule is that the funds may not be held by you directly. They must instead be held by a custodian for your benefit. The custodian is typically your bank or brokerage. The first issue when holding Bitcoin in a retirement account, then, is that most custodians will not allow Bitcoin to be held in their accounts. Further, even if you were comfortable with the high fees of the few custodians who do allow Bitcoin holdings, using their services would mean having a third party in control of the private keys, which is sub-optimal from a security standpoint.
The good news is that in three simple steps, you can open your own “Bitcoin IRA”, cutting out all of the middlemen and their ongoing fees. And if you don’t want to handle these steps yourself, contact us and we can do the entire process for you. This might be a good idea, because if you attempt this on your own, even the slightest mistake immediately makes your entire IRA subject to tax.
Step 1: A Checkbook IRA
The first step is to form a “checkbook LLC” for your IRA. A “checkbook LLC” is a special LLC that is 100% owned by your IRA. You personally are appointed manager of that LLC. As manager, you have free reign to invest the LLC’s funds as you wish, without custodian approval.
This setup requires: a relationship with an IRS-licensed IRA account provider, proper formation of an LLC, and a special operating agreement for the LLC designed not to violate the IRA prohibited transaction rules. If you engage us to handle the process for you, we can square away all of these items for you.
Whenever funds enter your IRA, they immediately drop down into the LLC where you have full control over them.
(Special Note for Californians: Your state has an outrageous $800/year fee on LLCs. The good news is that this fee is easily avoided by forming a slightly modified structure. Contact us for details.)
While checkbook IRA LLCs are allowed under IRS rules, they don’t obviate the “prohibited transaction rules” of IRC 4975. IRC 4975 outright bans IRAs (including LLCs owned by IRAs) from investing in certain classes of assets. The good news is that Bitcoin is not one of those classes. In fact, the IRS considers Bitcoin to be property rather than currency, making it an investment similar to real estate, stocks, or bonds for tax purposes.
(Note: We can set up a checkbook IRA-LLC for you. Click here to get started.)
Even after you have your checkbook IRA LLC set up, the prohibited transaction rules present unique obstacles to holding Bitcoin directly, as described below.
Step 2: Loading the IRA LLC
The first obstacle is purchasing Bitcoin at a reasonable exchange rate in the name of the LLC, rather than in your personal name. It’s very important to note that a transfer of Bitcoin from you to your IRA (or IRA LLC) is a prohibited transaction. This is because “cryptocurrency” is considered property for tax purposes, and IRA contributions must be made in US Dollars. So it is key to first transfer US Dollars into the IRA, which will then flow into the LLC’s checking account. From the LLC’s checking account, Bitcoin can be purchased.
To do this, you will need to open an account on a cryptocurrency exchange. Unfortunately, many exchanges do not allow accounts in the name of an LLC. Examples of exchanges which do allow LLC “institutional” accounts are Gemini, ItBit, and Kraken. Customer service may tell you that it’s easier to simply set up your exchange account in your own name and attach your LLC bank account, but again, to be extra safe regarding the prohibited transaction rules, I don’t suggest this. Be sure to open a full “institutional” account in the name of your LLC.
I would also suggest sticking to US-based exchanges, as using a foreign exchange would create a requirement of FBAR reporting.
If you are able to use a decentralized exchange, that would be another option. Unlike Gemini, Kraken, or ItBit, decentralized exchanges do not register an “account” in anyone’s name, so they eliminate the obstacle of getting an account titled to an LLC. Decentralized exchanges are very new, however, and aren’t yet accessible to most people. For this reason, most will stick to the traditional cryptocurrency exchanges above.
Opening an institutional account can be tricky. Note: The good news is that if you engage our firm to set up your checkbook IRA-LLC, we’ll take you through the whole process and make it easy. Click here to get started.
Step 3: Getting an IRA LLC Wallet
Your next obstacle is deciding on a wallet for holding your Bitcoin. If your Bitcoin holdings are very small, you may choose to leave them in your exchange trading account (although this is not typically recommended). Instead, you may wish to transfer them to an external wallet for security. It is VERY important that “ownership” of the wallet must vest in the LLC, not you personally. This is because any exchange of assets between you and your IRA (or your IRA LLC) is a “prohibited transaction” under IRC 4975(c)(1).
The cleanest solution to ensuring a wallet “owned” by the LLC is to use a cold storage method. In addition to being easily “owned” by the LLC, Bitcoin in cold storage is very secure. One option for cold storage would be to use a cold hardware wallet such as a Coldcard. You could also use a “coldish” hardware wallet such as a Trezor (the distinction being a tech issue beyond the scope of this article).
Other acceptable options would include a multi-sig solution from a company like Unchained Capital.
A quick note about 401(k)s: In this article, I discuss holding Bitcoin in an IRA. However, if you have a self-directed 401(k) (a type of plan typically only available to a self-employed business owner), the process works much the same. In fact, it is slightly easier. Unlike IRAs, self-directed 401(k)s do not require a third party custodian. A 401(k) does have a trustee, but typically the business owner will be trustee of his own plan. This means that as trustee, you can invest 401(k) funds in Bitcoin using the steps above directly, rather than having to set up an LLC intermediary. You will need a prototype plan sponsor to provide 401(k) documents preapproved by the IRS. If you need help setting up a self-directed 401(k) (including getting a prototype plan sponsor in place) for your business, click here.
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Disclaimer: Information provided is for educational purposes only. Nothing herein constitutes legal advice or investment advice. Readers are responsible for their own due diligence in selection of investments, exchanges, and technology platforms.