Funding an IRA
IRAs can be funded with most types of
securities, and some non security financial instruments. There are a few things
that cannot be funded into an IRA. They include collectibles including valuable
coins or bullion and life insurance. IRAs cannot generally hold real estate
unless it is held as a form of security such as a real estate investment trust (REIT),
or if the IRA is held by a custodian who makes all transactions. There are
certain special restrictions on real estate held in an IRA.
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Status of IRAs in
bankruptcy
In the case of Rousey v. Jacoway, the United
States Supreme Court ruled unanimously on April 4, 2005 that under section
522(d)(10)(E) of the U.S. Bankruptcy Code (11 U.S.C. $ 522(d)(10)(E)), a debtor
in bankruptcy can exempt his or her IRA from the bankruptcy estate. The
Court indicated that because rights to withdrawals are based on age, IRAs should
receive the same protection as other retirement plans.
Thirty-four states already had laws effectively allowing an individual to exempt
an IRA in bankruptcy, but the Supreme Court decision allows federal protection
for IRAs.
IRAs and borrowing
Borrowing against IRAs is generally not
allowed. However the rules regarding IRAs allow assets in them to be
transferred from one account to another. This can be used to temporarily
"borrow" money from the IRA, once per year. The money must be placed in another
IRA account within 60 days to qualify as an "indirect rollover" and avoid taxes
and penalties.
IRACOM is an IRA website.
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