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#12
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| Seth wrote: - quote - > > > Unless that happened, I'll lay a 750ml bottle of Jack
Only talking about taxed Scotch whisky in the barrel, which doesn't> > > Daniels Single Barrel against an equivalent bottle of > > > your choice of Scotch that Windy City Whuses do not > > > win a WS by 2030. > > EgaD! Do you realize how OLD you'll be by then? > Have to give the Scotch time to age, don't we? apply to most of us tax pros. Whisky doesn't age or get better once it's in the bottle. Slainte!, Harlan -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#11
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| In article <fuicko$hca$2[at]aioe.org> , dpb <none[at]non.net> wrote: - quote - > Mark Bole wrote:
Or to avoid all the tax complications that come with some types of> ... > > If the investment in local small businesses is a good one, why > > needlessly complicated it with the current and potential future > > restrictions of a Roth, especially when one knows from the outset that > > one is pushing the envelope of the rules for same. > I would venture to hazard ( ) a guess the client is attempting to> make a tax shelter in the hope one or more of these pays off big down > the road? investments? Seth -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#10
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| In article <1r7Pj.16532$3v1.3003[at]bignews3.bellsouth.net> , Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote: - quote - > Dick Adams wrote:
He could spend a lot of money getting a private ruling which _might_> > This question was asked of me by an accountant. > > Based on the above statement, am I correct in > > inferring that he could not be the accountant > > compiling monthly financials and preparing tax > > returns for companies in which his Roth had > > invested even if he exercized no management > > functions? > I'm quite sure that IRS would not approve of this arrangement, > because he does have a financial interest in companies his > self directed ROTH might buy. allow it. But I doubt it; the accountant has management influence even if no formal authority. Besides, if his investment keeps the company from going under, some of it flows to him as pay. - quote - > > Unless that happened, I'll lay a 750ml bottle of Jack
Have to give the Scotch time to age, don't we?> > Daniels Single Barrel against an equivalent bottle of > > your choice of Scotch that Windy City Whuses do not > > win a WS by 2030. > EgaD! Do you realize how OLD you'll be by then? Seth -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#9
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| Dick Adams wrote: - quote - > Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote:
(see below)> > Dick Adams wrote: > I have a complete lack of knowledge of IRA > custodial issues. My question should have been > worded "What does one do to be a custodian?" > > > > Self dealing would be no problem just as long > > > > as he or any company he controlled had no > > > > dealings with those selected. After all, it's > > > > just ownership of stock which wouldn't in itself > > > > help one of those companies. > > > This question was asked of me by an accountant. > > > Based on the above statement, am I correct in > > > inferring that he could not be the accountant > > > compiling monthly financials and preparing tax > > > returns for companies in which his Roth had > > > invested even if he exercized no management > > > functions? > > I'm quite sure that IRS would not approve of > > this arrangement, because he does have a > > financial interest in companies his self-directed > > ROTH might buy. > I am NOT picking at straws, but everyone with a > self-directed IRA who invests in the company for > which they work has a financial interest in the > investment. Is the case of a contractual > accountant that different or would it be the > percentage of ownership. > > I'm wondering also whether or not the AICPA might > > have some strictures and prohibitions on the > > subject. Eh? > The last time I looked the AICPA rulespaffected only > auditors, not bean counters. (a bunch snipped here for brevity's sake. > > EgaD! Do you realize how OLD you'll be by then? > Since I am both younger and better looking than you, > it is not in your self interest to bring up age. - quote - > > > I expect the only Major League team in Chicago, YOUR
they're not MY White Sox.> > > Chicago White Sox, will win two more World Series by > > > 2030. - quote - > > > > Given your past comments I just wonder; IF I wound up
or at least implementing such an arrangement. If your friend in> > > > with two tickets to game seven and offered you one, > > > > would you take it? > > > Harlan, I would be honored to attend any baseball game > > > with a valued colleague. I would accept the ticket and > > > attend UNLESS I had to sit near Commissioner Kevorkian! > > > I would, of course, root for the AL team - even if it > > > was Darth Vader's contempable Bronx Street Urchins. > > Was hoping you would be the winner of the extra ticket. > > When it occurs, (not IF), I'll need your address and > > SSN for the 1099-misc. > What a guy! You offer me a ticket, ask if I will take > it, and then you want to issue me a 1099? But then > most Cub fans can't spell 1099! > Dick First of all, a custodian would have to be in charge of authoring accounting can find such a fellow, more power to him. However to your latter concern. Any company for which I "do the books", i.e. all taxes and financial statement year end, is one in which I do NOT have a financial interest, except for getting paid end of month. But then, I have no interest in investing in a hardware store, convenience store, or much less a plumbing repair business. OR a motors sports enterprise, just a few of the S corporations for which I "do the books". But if I did have such an interest, e.g. obtaining shares of stock monthly for my services, I would immediately disqualify myself from ever serving in any trustee type relationship, whether as custodian/trustee of an IRA or other. It's bad enough that I have to file their monthly sales tax returns electronically and actually pay their tax liabilities with reference to their checking accounts! that is NOT to my liking. Younger? I grant you that. But better looking? I doubt that. I look the same as I did at age 50. yes I can: "ten" "zero" niner, nine! dash miscerlenush! (See what a Scotch plus Drambuie wild do to you? (grin Of course with a 1099- misc it will be up to you to determine whether or not it is subject to SE tax. ChEA$R Harlan -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#8
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| Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote: - quote - > Dick Adams wrote:
I have a complete lack of knowledge of IRA> > Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote: > > > I'm quite sure that IRS has not approved any > > > prototype plan for quite this situation. But > > > there are plans for owning securities in any > > > companies, so that is not the problem. Finding > > > a willing custodian/trustee is the problem. > > Where are the qualifications and rules for being > > a custodian? > Independence in thought and action. custodial issues. My question should have been worded "What does one do to be a custodian?" - quote - > > > Self dealing would be no problem just as long
I am NOT picking at straws, but everyone with a> > > as he or any company he controlled had no > > > dealings with those selected. After all, it's > > > just ownership of stock which wouldn't in itself > > > help one of those companies. > > This question was asked of me by an accountant. > > Based on the above statement, am I correct in > > inferring that he could not be the accountant > > compiling monthly financials and preparing tax > > returns for companies in which his Roth had > > invested even if he exercized no management > > functions? > I'm quite sure that IRS would not approve of > this arrangement, because he does have a > financial interest in companies his self-directed > ROTH might buy. self-directed IRA who invests in the company for which they work has a financial interest in the investment. Is the case of a contractual accountant that different or would it be the percentage of ownership. - quote - > I'm wondering also whether or not the AICPA might
The last time I looked the AICPA rulespaffected only> have some strictures and prohibitions on the > subject. Eh? auditors, not bean counters. - quote - > (most intervening comments deleted because of bias
Facts are not biases. > of the writer.....!) (grin) ![]() - quote - > > Considering the Chicago Chokers of Wrigley Graveyard
Since I am both younger and better looking than you,> > infamy have had only 16 winning seasons over the last > > 60 years (and six of those were in the Durocher years > > (1967-1972), I would cut that probability of them > > being in a WS at 30% and winning it at 15%. Of course, > > these odds would change if they moved out of that > > cracker jack ballpark and into a major league ballpark. > > Unless that happened, I'll lay a 750ml bottle of Jack > > Daniels Single Barrel against an equivalent bottle of > > your choice of Scotch that Windy City Whuses do not > > win a WS by 2030. > EgaD! Do you realize how OLD you'll be by then? it is not in your self interest to bring up age. - quote - > > I expect the only Major League team in Chicago, YOUR
What a guy! You offer me a ticket, ask if I will take> > Chicago White Sox, will win two more World Series by > > 2030. > > > Given your past comments I just wonder; IF I wound up > > > with two tickets to game seven and offered you one, > > > would you take it? > > Harlan, I would be honored to attend any baseball game > > with a valued colleague. I would accept the ticket and > > attend UNLESS I had to sit near Commissioner Kevorkian! > > I would, of course, root for the AL team - even if it > > was Darth Vader's contempable Bronx Street Urchins. > Was hoping you would be the winner of the extra ticket. > When it occurs, (not IF), I'll need your address and > SSN for the 1099-misc. it, and then you want to issue me a 1099? But then most Cub fans can't spell 1099! Dick -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#7
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| dpb wrote: - quote - > Mark Bole wrote:
Hmm, yess... so.... perhaps... this might imply insider trading?> ... > > If the investment in local small businesses is a good one, why > > needlessly complicated it with the current and potential future > > restrictions of a Roth, especially when one knows from the outset that > > one is pushing the envelope of the rules for same. > I would venture to hazard ( ) a guess the client is attempting to> make a tax shelter in the hope one or more of these pays off big down > the road? (And yes, I know we're not dealing with publically traded companies.) ChEAr$, Harlan -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#6
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| Dick Adams wrote: - quote - > Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote:
Independence in thought and action.> > I'm quite sure that IRS has not approved any > > prototype plan for quite this situation. But > > there are plans for owning securities in any > > companies, so that is not the problem. Finding > > a willing custodian/trustee is the problem. > Where are the qualifications and rules for being > a custodian? - quote - > > Self dealing would be no problem just as long
I'm quite sure that IRS would not approve of this arrangement,> > as he or any company he controlled had no > > dealings with those selected. After all, it's > > just ownership of stock which wouldn't in itself > > help one of those companies. > This question was asked of me by an accountant. > Based on the above statement, am I correct in > inferring that he could not be the accountant > compiling monthly financials and preparing tax > returns for companies in which his Roth had > invested even if he exercized no management > functions? because he does have a financial interest in companies his self directed ROTH might buy. I'm wondering also whether or not the AICPA might have some strictures and prohibitions on the subject. Eh? (most intervening comments deleted because of bias of the writer.....!) grin) - quote - > Considering the Chicago Chokers of Wrigley Graveyard
EgaD! Do you realize how OLD you'll be by then?> infamy have had only 16 winning seasons over the last > 60 years (and six of those were in the Durocher years > (1967-1972), I would cut that probability of them > being in a WS at 30% and winning it at 15%. Of course, > these odds would change if they moved out of that > cracker jack ballpark and into a major league ballpark. > Unless that happened, I'll lay a 750ml bottle of Jack > Daniels Single Barrel against an equivalent bottle of > your choice of Scotch that Windy City Whuses do not > win a WS by 2030. - quote - > I expect the only Major League team in Chicago, YOUR
Time will tell. In fact, as Groucho said,> Chicago White Sox, will win two more World Series by > 2030. "Time flies like an arrow, but fruit flies like bananas." - quote - > > Given your past comments I just wonder; IF I wound up
Was hoping you would be the winner of the extra ticket.> > with two tickets to game seven and offered you one, > > would you take it? > Harlan, I would be honored to attend any baseball game > with a valued colleague. I would accept the ticket and > attend UNLESS I had to sit near Commissioner Kevorkian! > I would, of course, root for the AL team - even if it > was Darth Vader's contempable Bronx Street Urchins. When it occurs, (not IF), I'll need your address and SSN for the 1099-misc. Best ChEAr$, Harlan -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#5
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| Mark Bole wrote: .... - quote - > If the investment in local small businesses is a good one, why
I would venture to hazard ( > needlessly complicated it with the current and potential future > restrictions of a Roth, especially when one knows from the outset that > one is pushing the envelope of the rules for same. ) a guess the client is attempting tomake a tax shelter in the hope one or more of these pays off big down the road? -- -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#4
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| Dick Adams wrote: - quote - > Under what conditions can a Roth IRA own an LLC which
Even if it can, why? At a paltry $5k/year, it will take some time to> owns equity shares in unlisted companies including S-Corps > and closely-held corporations? > The person who asked me this question wants to invest in > small businesses in his community. He also wants to make > sure he stays as far away from self-dealing as possible. > Can this be done? make a significant investment. Even if it is a conversion from a Traditional IRA or a change of investment from an existing Roth, is this really the best retirement vehicle for the individual? If the investment in local small businesses is a good one, why needlessly complicated it with the current and potential future restrictions of a Roth, especially when one knows from the outset that one is pushing the envelope of the rules for same. -Mark Bole -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#3
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| Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote: - quote - > Dick Adams wrote:
Where are the qualifications and rules for being> > I think you have hit the hammer on the thumb here. > > This sounds like a roll-your-own trustee situation > > with high fees. Where does one find the IRS > > approval documentation? I'll inundate him with > > paper and give him a month of reading. > > An equally large issue is the avoidance of > > self-dealing in such a plan. > I'm quite sure that IRS has not approved any > prototype plan for quite this situation. But > there are plans for owning securities in any > companies, so that is not the problem. Finding > a willing custodian/trustee is the problem. a custodian? - quote - > Self dealing would be no problem just as long
This question was asked of me by an accountant.> as he or any company he controlled had no > dealings with those selected. After all, it's > just ownership of stock which wouldn't in itself > help one of those companies. Based on the above statement, am I correct in inferring that he could not be the accountant compiling monthly financials and preparing tax returns for companies in which his Roth had invested even if he exercized no management functions? Dick And now to the non-tax-related delusions of mi amigo: - quote - > p.s. just watched a show about the Cubs, and
Next time change the channel! > everyone interviewed referred to not IF the Cubs > ever win the world series, but WHEN. ![]() I suspect these interviews were held in the vicinity of the garbage can whose flames were providing warmth for the interviewees while they passed around a bottle of fortified wine. My answer would be that any specific NL team has, by random chance, a 5/16th chance of being in the playoffs, a 1/8th chance of winning the playoffs, and thus an annual 5/128th (.039036) chance of even being in the World Series. That is a 60% probability over the next 23 years for any specific NL team. And for winning the WS, it's 36.47% over the next 23 years. Considering the Chicago Chokers of Wrigley Graveyard infamy have had only 16 winning seasons over the last 60 years (and six of those were in the Durocher years (1967-1972), I would cut that probability of them being in a WS at 30% and winning it at 15%. Of course, these odds would change if they moved out of that cracker jack ballpark and into a major league ballpark. Unless that happened, I'll lay a 750ml bottle of Jack Daniels Single Barrel against an equivalent bottle of your choice of Scotch that Windy City Whuses do not win a WS by 2030. I expect the only Major League team in Chicago, YOUR Chicago White Sox, will win two more World Series by 2030. - quote - > Given your past comments I just wonder; IF I wound up
Harlan, I would be honored to attend any baseball game> with two tickets to game seven and offered you one, > would you take it? with a valued colleague. I would accept the ticket and attend UNLESS I had to sit near Commissioner Kevorkian! I would, of course, root for the AL team - even if it was Darth Vader's contempable Bronx Street Urchins. Best regards, Dick -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#2
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| Dick Adams wrote: (snipped. - quote - > I think you have hit the hammer on the thumb here.
I'm quite sure that IRS has not aproved any prototype plan> This sounds like a roll-your-own trustee situation > with high fees. Where does one find the IRS > approval documentation? I'll inundate him with > paper and give him a month of reading. > An equally large issue is the avoidence of > self-dealing in such a plan. for quite this situation. But there are plans for owning securities in any companies, so that is not the problem. Finding a willing custodian/trustee is the problem. Self dealing would be no problem just as long as he or any company he controlled had no dealings with those selected. After all, it's just ownership of stock which wouldn't in itself help one of those companies. ChEAr$, Harlan p.s. just watched a show about the Cubs, and everyone interviewed referred to not IF the Cubs ever win the world series, but WHEN. Given your past comments I just wonder; IF I wound up with two tickets to game seven and offered you one, would you take it? -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#1
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| Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote: - quote - > Dick Adams wrote:
True, there are a few taxes I know well. But just> > Under what conditions can a Roth IRA own an LLC which > > owns equity shares in unlisted companies including S-Corps > > and closely-held corporations? > > > The person who asked me this question wants to invest in > > small businesses in his community. He also wants to make > > sure he stays as far away from self-dealing as possible. > > > Can this be done? > > - A few people actually think I know taxes. > first, people should actually know that you know > a few taxes. (grin) a few. - quote - > But to the question. Why the extra step of an LLC?
The reason I was given was the limited liability.> Nothing to be gained. But as long as the investments are corps or limited partnerships, that problem should not exist. - quote - > Finding a trustee for such a ROTH IRA will be
I think you have hit the hammer on the thumb here.> the tricky part, for the plan has to be IRS > approved to say the least. ... This sounds like a roll-your-own trustee situation with high fees. Where does one find the IRS approval documentation? I'll inundate him with paper and give him a month of reading. An equally large issue is the avoidence of self-dealing in such a plan. Dick -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| Dick Adams wrote: - quote - > Under what conditions can a Roth IRA own an LLC which > owns equity shares in unlisted companies including S-Corps > and closely-held corporations? > The person who asked me this question wants to invest in > small businesses in his community. He also wants to make > sure he stays as far away from self-dealing as possible. > Can this be done? > Dick > - A few people actually think I know taxes. first, people should actually know that you know a few taxes. (grin) But to the question. Why the extra step of an LLC? Nothing to be gained. Finding a trustee for such a ROTH IRA will be the tricky part, for the plan has to be IRS approved to say the least. I doubt one's local bank could help, not even a large one with a fancy trust department. Perhaps a full service brokerage house could be consulted. ChEAr$, Harlan -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#-1
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| Under what conditions can a Roth IRA own an LLC which owns equity shares in unlisted companies including S-Corps and closely-held corporations? The person who asked me this question wants to invest in small businesses in his community. He also wants to make sure he stays as far away from self-dealing as possible. Can this be done? Dick - A few people actually think I know taxes. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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