If Your IRA Holds An MLP, Beware Of The UBIT

Mar. 19, 2021 6:13 PM ET, , , , , , , , , , , , 376 Comments

Summary

  • MLPs complicate the income tax requirements for IRAs.
  • An IRA is required to report and pay Unrelated Business Income Tax (UBIT) if its MLP holdings earn a certain level of unrelated business taxable income.
  • In what follows, we provide a primer on UBIT and its tax implications for IRA retirement accounts.
  • Looking for a helping hand in the market? Members of HFI Research MLPs get exclusive ideas and guidance to navigate any climate. Learn More »

Let us state at the outset that we are not professional tax planners. Each investor should consult with their accountant and/or financial advisor on questions specific to their personal tax situation.

We are, however, professional MLP investors. As our subscribers know, MLPs’ massive distribution yields and appreciation prospects relative to other equity investments make them potentially desirable long-term holdings in retirement accounts.

Individual Retirement Accounts (IRAs) with MLPs may face additional income-tax reporting and payment requirements when they generate Unrelated Business Income Tax (UBIT).

In what follows, we’ll explain the ins and outs of UBIT is and how it's treated in an IRA.

A Brief History of MLP Taxation

In the 1980s, high statutory income-tax rates for individuals incentivized the use of corporations as tax shelters. High earners could often avoid taxes by earning their income through corporations, which had lower marginal tax rates than individuals.

Congress reined in the use of corporate tax shelters through the passage of the Tax Reform Act of 1986. The Act lowered federal income tax rates on individuals relative to corporations, which, in turn, negated the usefulness of corporations as tax shelters.

However, the Act had an unintended consequence: Increasing the use of partnerships as tax shelters. Partnerships can shelter an individual’s income tax by avoiding the double taxation to which corporations are subject.

A corporation is a distinct legal entity, separate from its shareholders and employees. Like individuals, a corporation must pay tax on its income. If a corporation pays dividends, its shareholders must pay income tax on them, as well. The corporation and its owners are therefore subject to taxation two times: at both the entity level and the individual level.

A partnership, by contrast, is generally not taxed at the entity level. Instead, all of a partnership’s tax items “pass through” to its partners, who are taxed only

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This article was written by

4.1K Followers

HFIR Research is a full-time professional energy investor, active in the sector since 2015 while specializing in deep value opportunities and special situations. He has managed a private investment partnership since 2007 and has a long professional history in finance, having served in various roles in the industry since 2000.

He runs the investing group HFI Research Energy Income where he works to outperform the benchmark of the Alerian MLP Index, by investing in energy stocks for income and growth. Features of the service include: 4-6 exclusive idea write-ups per month, real-time portfolio tracking including what to buy, when the dividend will be paid, tax implications and positional weighting, fundamental data pertaining to MLPs, and 24/7 direct communication with the HFI Research team to ask questions. Learn more.

Analyst’s Disclosure:I/we have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.

Seeking Alpha's Disclosure: Past performance is no guarantee of future results. No recommendation or advice is being given as to whether any investment is suitable for a particular investor. Any views or opinions expressed above may not reflect those of Seeking Alpha as a whole. Seeking Alpha is not a licensed securities dealer, broker or US investment adviser or investment bank. Our analysts are third party authors that include both professional investors and individual investors who may not be licensed or certified by any institute or regulatory body.

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