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What To Do When An IRA-Owned Asset Generates Unrelated Business Taxable Income (UBTI)

If you own an asset in your individual retirement account (IRA) which generates unrelated business taxable income (UBTI), including unrelated debt-financed income (UDFI), your IRA account may be subject to taxation. Assets that tend to generate UBTI include limited partnerships (LPs), limited liability companies (LLCs), real estate investment trusts (REITs) and debt-financed real estate.

At the end of each year, the investment entity must report each investor’s pertinent financial information on a Schedule K-1 (IRS Form 1065). The investment entity should prepare and mail this directly to you. However, if a K-1 is received by STRATA Trust Company as your IRA custodian, we will forward this form to you.

Generally, if gross UBTI or UDFI of $1,000 or more is generated during the tax year, IRS Form 990-T must be prepared and filed with the IRS on or before the filing deadline (typically April 15). In addition, all applicable UBTI or UDFI tax must be paid from your IRA account with STRATA. If the amount of gross UBTI/UDFI is less than $1,000, Form 990-T is not required to be filed.

Any income or loss shown on the K-1 for an asset held within your IRA should not be included and/or reported on your personal tax return. In addition, it is very important that the K-1 properly reflect STRATA’s tax identification number (TIN), which is 26-2637994, rather than your social security number. Please promptly notify us if the K-1 does not reflect this tax identification number.

The account owner is responsible for determining if the filing of IRS Form 990-T is necessary. If required, you must first obtain an employer identification number (EIN) for your IRA by filing IRS Form SS‑4. Once you obtain the EIN, you should then complete IRS Form 990-T and send it to STRATA for our signature. Consult with your tax professional for assistance in obtaining the EIN and completion of the Form 990-T.

Lastly, send your written instructions to authorize STRATA to pay the appropriate tax from your IRA account, along with your completed Form 990‑T. The IRA rules require that any tax owed for an IRA-owned investment be paid from the IRA. A $50 fee will be charged by STRATA for processing and filing the Form 990-T and payment.

Tags: IRA, taxation, UBTI, UDFI