
A self-directed IRA can hold realestate, promissory notes, private placements, LLC and LP interests, preciousmetals, cryptocurrency, tax liens, and more. The Internal Revenue Codeprohibits only life insurance and collectibles. Separately, IRC § 4975 prohibits transactions between the IRA and disqualified persons, including you,your spouse, your parents, and your children.
The Internal Revenue Code never restricted IRAs to publicly traded securities. That limitation is a product of brokerage platforms, not tax law. The statute prohibits three categories outright:
Everything else is permitted, which is why the allowable list is far longer than the prohibited one.
Real estate. Residential and commercial rentals, raw land, fix-and-flip projects, and fractional interests. All income flows back to the IRA, and all expenses are paid by the IRA.
Promissory notes. The IRA acts as lender. Secured or unsecured, performing or non-performing. Payments of principal and interest return to the IRA.
Private placements. LLC membership interests, limited partnership units, private company stock, private funds, and syndications.
Precious metals. Bullion and specific coins meeting IRS fineness requirements, held at an approved depository. Metals cannot be stored at home or in a personal safe deposit box.
Cryptocurrency. Digital assets held within the tax-advantaged structure.
Violations rarely come from the asset itself. They come from who the IRA transacts with.
IRC § 4975 defines disqualified persons as the IRA owner, the owner's spouse,ancestors, lineal descendants and their spouses, plus any entity in which thoseparties collectively own or control 50% or more. Siblings, cousins, aunts,uncles, and friends are generally not disqualified persons.
A prohibited transaction is any direct or indirect sale, exchange, lease, loan, extension of credit, or furnishing of goods or services between the IRA and a disqualified person. It also covers any use of IRA assets for the benefit of a disqualified person.
In practice,that means:
The consequences are severe. A prohibited transaction can disqualify the entire IRA, treating the full account balance as distributed as of January 1 of the year theviolation occurred, with income tax on the whole amount and a 10% penalty ifyou are under 59½. Penalty excise taxes under § 4975(a) start at 15% of theamount involved and rise to 100% if the transaction is not corrected.
An administrator processes the transaction. It does not confirm that a property title is clear, that a borrower is credit worthy, that a private offering is properly registered, or that a sponsor is honest. Self-directed IRAs have beenused as a vehicle in fraud schemes precisely because investors assume someone else vetted the deal, when in fact no one has.
Verify the sponsor, the asset, and the paperwork independently. Consult your own financial advisor, CPA, or attorney before directing IRA funds into any investment.
Mountain West IRA is a self-directed IRA Administrator and record-keeper and does not provide investment, tax, or legal advice. All information is general in nature. Investors should check with their own financial advisor, tax professional, or attorney about their exact situation before making any investment.