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Can your HSA or Roth IRA own an LLC?

Writer: Brandi Joffrion
Brandi Joffrion
5 days ago
1 min read

Yes, if the custodian allows self-direction. The rules that trip up self-directed IRAs apply here too, and the penalties are the same.


How it works


The account, not you, owns the LLC. The account funds it. You may manage it, which is the appeal: you can write checks without asking the custodian each time.


The rules don't relax


  • No personal benefit. You can't use the LLC's property, lend to it, borrow from it, or pay yourself.

  • No dealings with disqualified persons. That includes you, your spouse, your parents and children, and companies you control.

  • No [commingling](/post/what-commingling-actually-looks-like). Your money and the account's money never mix.


A prohibited transaction can disqualify the entire account, treating it as distributed, with tax and penalties to match.


Roth specifics


Qualified Roth withdrawals are tax-free, which makes Roth accounts attractive for high-growth investments. That's also why the IRS watches them.


HSA specifics


HSA contribution limits keep balances small, so an LLC structure rarely pays for itself. Money withdrawn for non-medical purposes is taxed, and penalized before 65.


Business income can be taxed anyway


An account that runs an active business, directly or through an LLC taxed as a partnership, can owe tax on that income. Debt-financed investments can trigger it too.


What to do


Confirm the custodian allows it, then have the LLC's operating agreement written for an account owner. Keep every transaction at arm's length. An entity structure audit covers whether an existing setup holds up.


This is general information, not legal advice for your situation. If you want an answer for your business, book a consultation.

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