Self-Directed IRA Rules, Requirements, and Prohibited Transactions

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Self Directed IRA Rules & Prohibited Transactions

Complete Responsibility and Control of Your Investments

Self-Directed IRAs provide access to alternative assets such as real estate, private placements, and IRA-owned LLCs. This flexibility also places additional responsibilities on the account owner.

You are responsible for selecting investments, conducting due diligence, and directing your custodian to complete transactions. Your custodian does not evaluate an investment’s quality, legitimacy, risks, or potential returns. You must also ensure that each transaction follows applicable IRA rules and does not jeopardize the account’s tax-advantaged status. The following information explains some of your primary responsibilities as a Self-Directed IRA owner.

3 Self-Directed IRA Rules You Should Never Break

Breaking the rules can result in severe tax consequences. Whenever you are unsure of a transaction or situation, always consult with a tax or financial advisor before you act to get clarification. Here are the main rules that you should remember when engaging in a transaction with your self-directed account.

1. Disqualified Persons

The IRA investor or his or her beneficiaries cannot engage in a transaction with a disqualified person. These persons are listed below. When you break this rule, your IRA is no longer an IRA and it loses its tax benefits. 

2. Personal Benefit

The IRA investor cannot use the self-directed IRA for personal benefit. For example, rental income from an investment property owned by the IRA must be deposited in the IRA account and not in a personal account. All income from IRA assets must be put back in the IRA.

3. Disallowed Investments

The IRA investor cannot invest in disallowed assets per IRS rules for retirement accounts. Disallowed IRA assets or investments are explained further below.

What is a Disqualified Person in IRA Investing?

Disqualified Persons are people or entities that cannot do any direct or indirect deals, investments or transactions with the IRA.

The IRA cannot do business with:

  • You, the IRA owner
  • Beneficiaries of your IRA
  • Your family members:
    • Spouse
    • Parents
    • Grandparents and great-grandparents
    • Children and their spouses
    • Grandchildren, great-grandchildren, and their spouses
  • Service providers of the IRA including those that give investment advice concerning the assets for which he/she receives direct or indirect compensation
  • An entity—it could be a corporation, partnership, limited liability company, trust or estate—owned 50% or more (directly or indirectly) by a disqualified person
  • An officer, director (or an individual having powers or responsibilities similar to those of officers or directors), a 10% or more shareholder, or highly compensated employee (earning 10% or more of the yearly wages of an employer) of a person described above

Allowed and Prohibited Investments in a Self-Directed IRA

A Self-Directed IRA can hold alternative investments beyond publicly traded stocks, bonds, and mutual funds. Depending on the custodian, available investments may include real estate, promissory notes, private placements, and other alternative assets.

The IRS does not provide a complete list of approved IRA investments. Instead, federal law identifies certain assets that IRAs cannot hold. Custodians may also restrict investments they do not support.

Prohibited IRA investments include the following:

Collectibles

Collectibles generally include artwork, rugs, antiques, certain metals, gems, stamps, coins, alcoholic beverages, and other tangible personal property classified as a collectible under IRC Section 408(m).

Limited exceptions apply to certain coins and qualifying gold, silver, platinum, and palladium bullion. Applicable storage and custodial requirements must also be followed.

Life Insurance

An IRA cannot invest in a life insurance contract under Internal Revenue Code Section 408(a)(3).

S Corporation Stock

Traditional and Roth IRAs are generally not eligible shareholders of an S corporation. If an IRA acquires S corporation stock, the corporation could lose its S corporation status. Review IRS guidance concerning IRA ownership of S corporation stock and consult a qualified tax or legal professional before investing in a privately held business.

Self-Directed IRA Prohibited Transactions & Requirements

Your retirement plan is intended to benefit you when you retire, and not a moment before you reach that magic age. Transactions that the IRS interprets as providing you immediate, personal financial gain on investments owned by your retirement account are not allowed.

Making a prohibited transaction or dealing with a Disqualified Person strips away the tax-deferred feature of your account. This makes the transaction automatically and immediately taxable. (See IRC Section 4975 for a complete list of prohibited transactions.)

Examples of Prohibited Transactions

You cannot use your self-directed IRA to:

  • Sell, exchange, or lease property you already own to your IRA as an investment
  • Transfer IRA income, assets, or investment to a Disqualified Person
  • Lend IRA money or extend IRA credit to Disqualified Person
  • Supply goods, services, or facilities to Disqualified Person
  • Allow fiduciaries to obtain or use the IRA’s income or investment(s) for their own interest

Self-Directed IRA Rules

Are the rules for self-directed IRAs different? 

No. The rules for self-directed IRAs are the same that apply to all retirement accounts. Please see the section above for examples of investments allowed and disallowed in self-directed retirement accounts.

What are the requirements to open a self-directed IRA? 

Almost anyone can open an IRA account. All you need is a copy of a government issued identification and a credit card to pay for the account establishment fee. You can establish the retirement account yourself. However, to make contributions to your IRA you (or your spouse) must have earned taxable income.

What is the IRS code for self-directed IRAs? 

All individual retirement accounts including self-directed IRAs are covered under Internal Revenue Code 408.   This section of the code covers the type of investment NOT allowed in IRAs as well as other general rules. Engaging in a transaction that violates these rules can lead to tax consequences.

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