This hits very close to home.
I'm in my late fifties, and started buying bitcoins less than a year ago. Unfortunately, I made redemptions from my Roth IRA's in order to buy the coins. Now I have over 100 btc: in dollar value, most of it's capital gains. It will take quite some time, at $6500 per year, to put this 100 btc into IRA's; in fact, with btc growing so fast, I may never catch up!
Now, I didn't liquidate my IRA's completely and I still have a substantial amount of dollar-denominated assets in them, so my present strategy should be to get a Roth LLC going as fast as possible and roll over my Roths into it. At some point I have to buy btc with those funds; I'll have to go back and reread this thread and do some more research about exactly how that works under the law.
Say I get my IRA LLC set up, roll over a bunch of money into it, and then buy bitcoins. From coinbase, for example. Then I may want to take them out of coinbase and put them someplace where I control my own private keys. Like a paper wallet or a brain wallet. That will mean the btc effectively disappears from view. Would that be a problem?
edit: Just found this:
IRS regulations require that either a qualified trustee, or custodian, hold the IRA assets on behalf of the IRA owner (wikipedia on self-directed IRA)
and this, on using an LLC: "
In short, the IRS has not expressly approved this practice and legal authorities have concluded this practice likely violates United States tax law.
The companies making money from using an LLC for a self-directed IRA are promoting the idea online and attempting to justify it under the law with pseudo legal research. However, our legal conclusion from our own legal research is
using an LLC for a self-directed IRA is likely illegal." (from
http://thompsonhall.com/ira-llc-how-to-use-an-llc-for-a-self-directed-ira/)
So... it looks like this thread has been pretty one-sided. Lots of rah-rah enthusiasm, wishful thinking even, but not so much attention to real world facts.
If I can't be my own custodian, and it looks like IRS says I can't, what's next? Looks like I have to find a "qualified trustee/custodian," and this custodian has to be willing to handle btc.
Best outcome would be to find some way to be your own custodian legally. Has anybody really done due diligence on that?
another edit: The self-directed IRA wikipedia page has this, which is somewhat reassuring:
A number of tax attorneys believe that this IRA LLC strategy has been legitimized through a tax court case: Swanson v. Commissioner, 106 T.C. 76 (1996) and IRS Field Service Advice Memorandum 200128011, which mirrors the facts and confirms the Tax Court’s conclusion in Swanson.[21]
Since Swanson, the validity of the self-directed IRA LLC structure has not been questioned by the IRS.[22] In fact, on October 29, 2013, the Tax Court in T.L. Ellis, TC Memo. 2013-245, Dec. 59,674(M), held that establishing a special purpose limited liability company (“LLC”) to make an investment did not trigger a prohibited transaction, as a newly established LLC cannot be deemed a disqualified person pursuant to Internal Revenue Code Section 4975.
There's more stuff in a paragraph titled "IRA LLC law," which I don't really understand.
This is new ground.