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Top 10 Self-Directed IRA/401k Mistakes #8

Number 8: Self-directed IRA owner thinks a passive investment in the active business is not subject to UBTI

UBTI is the tax that levels the playing field for tax-exempt entities that invest and compete against businesses that pay taxes. Self-directed IRA account owners find a unique business or investment opportunities in small businesses. Even though the opportunity is compliant and reasonable, and the IRA is passively invested, this does not necessarily mean that that the self-directed IRA is not engaged in active businesses.

Regardless of how involved the self directed IRA account owner is in the business, the business is active and it is competing against other businesses that are required to pay taxes. As such, the IRA would be subject to UBTI tax regardless of the account owners involvement in the business.

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