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Would an international LLC better protect my IRA than a domestic LLC?

Yes. For stronger protection you should invest your retirement funds into an international LLC. Your IRA will be better protected than if you invest in a domestic LLC. Your retirement plan (IRA) would set up an international LLC. Your IRA custodian would then invest your IRA funds into the international LLC in exchange for the entire LLC membership. Then no retirement funds are within the U.S., subject to creditor claims. Your retirement account instead owns only the full membership interest in the international LLC. This membership interest is subject only to the charging order remedy. However, you can be the investment advisor and even a co-signatory on the international LLC account, until you have a judgment creditor. You can also safely reinvest your international LLC's funds in U.S. investments. The U.S. courts cannot compel you or your custodian to turn over the IRA funds because the international LLC owns the funds, and an international manager controls the LLC. If you have a substantial IRA that is unprotected by your state, then strongly consider this international LLC strategy.

However, even with the international LLC-IRA you must comply with all IRA rules because the IRA remains in full effect. All that has happened is that the IRA’s sole asset now consists of the ownership of an international LLC, which in turn, invests the LLC funds. But the funds itself are owned by the international LLC managed by an international manager. Of course, we have excellent custodians who can oversee this arrangement. And as with the U.S.-based LLC, you can take your withdrawals from your international LLC-IRA. You’ll experience no difference other than your IRA will be fully protected against virtually all claims.

Categories: Asset Protection
The Presser Law Firm, P.A. - Asset Protection Attorney
Located at 6199 N. Federal Highway Boca Raton, FL 33487. View Map
Phone: (561) 953-1050
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