IRS Rules
FPO content of a nice heading to explain what users may learn while on this page
FPO content of a nice heading to explain what users may learn while on this page
An IRA helps you save for retirement by sheltering the income produced by plan investments from taxation. Since gains are not taxed when earned, you can grow your savings dramatically over time.
In exchange for this tax-sheltered status, IRA plans are subject to IRS rules. The general principal is that IRA funds are set aside for your future benefit in retirement, not for your current use.
This means that you cannot benefit at the current time from your IRA investments. You also may not inject value into the IRA through the provision of goods or services beyond basic administration of plan investments.
All investments of the IRA must be for the exclusive benefit of the IRA.
Investments in life insurance and collectibles are prohibited. Any investment asset not specifically prohibited is allowable.
There can be no direct or indirect benefit – in either direction – between a plan and a disqualified person. Disqualified persons are you, lineal family, and fiduciaries to your plan.
When actions are taken that are not exclusively for the benefit of the plan or create a benefit between the plan and a disqualified person, a prohibited transaction occurs. The tax consequences of a prohibited transaction are severe.
Some investments are allowable but will create income that is taxable to the IRA. These taxes occur when an IRA invests in a way that produces trade or business income rather than passive investment gains, or when leverage is used.
IRS Rules relating to IRA plans are covered in section 408 of the US tax code.
The IRS rules do not specifically list allowable investments. A few types of assets are prohibited by the code, and anything else is therefore allowable.
If a plan purchases a prohibited investment, the amount of the purchase is considered to be a distribution to the IRA account holder.
An IRA may not invest in life insurance contracts per IRC Section 408(a)(3).
When creating IRA plans in 1974, Congress determined that collectible are not suitable means to save for retirement.
IRC section 408(m)(2) defines collectibles as
The tax code was amended in 1997 to make an exception from the collectible exclusion for specific precious metals, as outlined in IRC Section 408(m)(3). Allowable precious metals include:
While there is no prohibition for an IRA to invest in a subchapter S Corporation, such transactions are not possible. The reason is that S-Corporation rules in IRC Section 1361 only allow for individuals as shareholders. If the corporation were to accept a non-person such as an IRA as a shareholder, it would cease to be a S-Corporation and would need to become a subchapter C Corporation.
Section 408(a) of the tax code defines IRA plans. The very first sentence describes an Individual Retirement Account designed “for the exclusive benefit of an individual or his beneficiaries…”
This exclusive benefit rule needs to be considered two ways:
The IRS recommends the following criteria to determine if a plan’s policies are for the exclusive benefit of the plan beneficiaries:
A violation of IRS prohibited transaction rules defined in IRC Section 4975 occurs when there is an exchange of benefit between an IRA and a disqualified person.
Disqualified Persons include:
A prohibited transaction occurs when a transaction or provision of benefit occurs between an IRA and a disqualified person. A violation of the rules also occurs when the plan is used in a way that is not for the exclusive benefit of the IRA.
IRC Section 4975 defines prohibited transactions as occurring when there is any direct or indirect:
When an IRA account holder or other plan beneficiary engages in a prohibited transaction, the tax consequences are severe. The entire IRA, not just the amount involved, is considered to have been distributed on the first day of the year in which the transaction occurred.
In simple terms, you really, really need to keep IRA activities very separate from personal and family finances.
As you consider how to best protect and grow your IRA, keep in mind that is the sole the purpose of your Gratis IRA. A self-directed IRA is not a means for you to access your IRA capital for your own purposes.
Think of yourself as a fund manager tasked with growing savings for your future self. Only when you reach retirement age and start taking distributions out of the IRA will you start to see a personal benefit.
Following are a few key guidelines to proper and safe usage of your Gratis IRA.
Once IRA capital has been invested into the Gratis IRA Trust, it remains within the trust. If you operate the Gratis IRA Trust as a standalone closed system and you will be on the right path.
Investment assets must be acquired in the name of the trust and paid for with trust funds from the trust checking account. Likewise, any expenses associated with future maintenance of a trust investment must be paid by the trust. Closing the loop, all income produced by investments is returned to the trust.
Never inject yourself or personal capital into the activities of the trust. You cannot transfer property or cash from yourself or a disqualified person into the trust. You should never pay for expenses associated with the trust and be reimbursed or otherwise comingle IRA and personal funds in a transaction.
Never personally use IRA held property. Your IRA cannot purchase a property for you to live in or vacation in, nor can the IRA purchase property to rent to a disqualified person such as a child or parent.
Never borrow from or lend to the trust. You should also never pledge trust assets as collateral for a loan in your own name, or pledge personal assets to guarantee debt taken by the IRA.
As a disqualified person to your IRA, you may not benefit from or provide benefit to the IRA. This prohibition does not prevent you from administering the IRA and the investments you choose to make with your Gratis IRA, so long as you are acting in the IRA’s interest and not your own.
You can research opportunities, negotiate, and execute contracts on behalf of the Gratis IRA Trust.
You can pay for the expenses of acquiring and maintaining trust investments, using funds from the Gratis IRA Trust.
You can receive the income produced by investments and deposit that income into the trust checking account.
You can choose and pay vendors to provide services to the trust such as tax or legal counsel, investment advisors, agents, contractors, property managers, etc.
You should not inject value into the IRA via the provision of goods, services, or facilities to the Gratis IRA Trust. Examples might include acting as a real estate agent for a plan real estate transaction, performing work on an IRA owned property, or running an active marketing program to generate opportunities for your IRA.
The best way to ensure the operation of your self-directed IRA remains within the IRS guidelines is to hire an expert. There are many licensed professionals such as tax attorneys and CPAs who can help you understand and operate within the IRS rules.
Ready, fire, aim is not the best approach when it comes to self-directing your IRA plan.
Before you make an investment, take the time to ensure the strategy is well suited to an IRA, is in alignment with IRS rules, and fits within your comfort level and long-term investment goals.
Some transactions are allowable for an IRA but will generate income that is taxable to the IRA.
When debt-financing is used in an investment Unrelated Debt-Financed Income (UDFI) is produced. Common examples include margin trading, purchasing investment property with a mortgage, or investing in a real estate syndication or fund that uses debt in addition to investor capital.
The portion of income the IRA receives due to leverage is considered taxable.
When an IRA invests in a trade or business activity on a regular or repeated basis Unrelated Business Taxable Income (UBTI) is generated. UBTI generating investments include property flipping, operating business taxed as pass-through entities, and certain kinds of venture capital or business equity investments.
Just because an investment produces taxable income does not necessarily mean you should avoid the opportunity. Depending on the details, the tax impact may not be severe, and the net after-tax income produced by the investment might still be favorable.
Before making any investment that might trigger tax on UDFI or UBTI, you should seek counsel from a licensed professional.