Prohibited Transactions & Investments
When making an investment with your self-directed IRA it is imperative that you understand what characterizes a prohibited investment or transaction.
The IRS defines a prohibited transaction as follows:
"Generally a prohibited transaction is any improper use of your IRA account or annuity by you, your beneficiary or any disqualified person. Disqualified persons include your fiduciary and members of your family (spouse, ancestor, lineal descendant, and any spouse of lineal descendant)."
Per IRS Publication 590 a prohibited transaction is any improper use of your traditional IRA account by you, your beneficiary, or any disqualified person. The following are examples of prohibited transactions:
- Borrowing money personally from your IRA
- Selling property you already own to your IRA
- Using your IRA as security for a loan
- Buying property for personal use (present or future) with IRA funds
The IRS does not specifically outline exactly what you can do with your IRA, but does specifically outline what you can not:
- Sub-Chapter S Corporations
- Collectibles - Metals, Gems, Stamps, Rugs, Antiques and Coins (exceptions are US Government Minted Gold or Silver Eagles, Gold and Palladium Bullion)
- Life Insurance purchased to benefit any disqualified person
- Artwork
- Alcoholic beverages
Another important consideration to avoid a prohibited transaction is making an investment with your IRA and a disqualified person. Per IRC 4975 a disqualified person includes you, your fiduciary and members of your family (spouse, ancestor, lineal descendant, and any spouse of a lineal descendant).
It is essential to avoid these transactions as you may lose the tax-deferred status of your IRA account and significant tax penalties and disqualification of your IRA may apply.