Your self-directed retirement plan – whether an IRA, Roth IRA, 401(k), or other self-directed account – is open to a wide array of investment possibilities beyond traditional stocks, bonds, and mutual funds. Potential investment options include real estate, rental properties, fix-and-flips, wholesaling, mortgage notes, private companies, cryptocurrency, oil, gas, gold, silver, and much more.
Hearing this, investors often ask, “With all the possibilities, what investments are not allowed in an IRA or retirement account? Is X, Y, or Z investment acceptable?”
The Internal Revenue Code and the IRS guidelines regarding investments in an IRA or other retirement account are exclusive rather than inclusive: we’re only told what we cannot invest in, not what we can invest in.
There’s a variety of investment options you can pursue and just a few options that are deemed not permitted. Here are five types of investments that the IRS says are not allowed in a retirement account.
What Your IRA Cannot Invest In
1. Collectibles
Your IRA cannot invest in collectibles. That includes artwork, stamps, rugs, automobiles, alcohol, certain metals, and other items.
If you invest in an asset or otherwise use your IRA in a way that’s not allowed, it’s called a prohibited transaction. According to IRS guidelines, if your IRA engages in a prohibited transaction, your IRA ceases to exist. It becomes distributed, and you may have to pay taxes and penalties upon the distribution.
2. Loan to yourself or other disqualified persons
You cannot loan money to yourself or your business. For example, if you’re a real estate investor and you have an LLC or S-Corp, and you want your IRA to loan money to your business, that would be considered a prohibited transaction.
There are other people that your IRA cannot lend to beyond yourself. Your IRA cannot lend to anyone that’s considered a disqualified person.
Who are disqualified persons to your IRA? Anyone up and down your family tree: parents, grandparents, children, and grandchildren. Your spouse is also a disqualified person.
Any LLC or other entity trust or partnership that is owned 50 percent or greater by disqualified persons is also considered a disqualified person, as are your real estate businesses or your other businesses. Your IRA cannot loan money to any of these disqualified persons.
3. Property that you or any other disqualified person owns
You cannot buy property that you or any other disqualified person owns.
This includes any properties owned by you, your spouse, your LLC or trusts or corporations, your children, your parents…anyone mentioned above as a disqualified person.
One of the most common questions we receive is: “I own a rental property. How can I get that into my IRA?” It would be a prohibited transaction if you were to attempt to purchase your own rental property with your IRA.
Oftentimes, the follow-up question is: “What if I just sell that property to a third party and my IRA buys it from that individual?” That would be considered a straw-man transaction, which also would be prohibited.
The IRA is tax-privileged, so you need to go out and find new investments.
Video: What You Can’t Invest in With an IRA
4. Property/asset for personal use
You cannot own a property in your IRA that’s for personal use.
One of the most common examples is vacation rentals. If your IRA buys a vacation rental and you rent it out for, let’s say, nine months out of the year, you can’t go and stay at that property.
You’ll also hear this referred to as the personal benefit rule. Your IRA can’t personally benefit yourself in the here and now.
Yes, you want to benefit from the IRA. You want to generate tax-free or tax-deferred profit and put it back in the IRA, but that’s for retirement. The best way to think of your IRA is as an investing vehicle. This also means you don’t use your IRAs to fund yourself or your business entities.
5. A personally guaranteed loan
You cannot sign a personal guarantee on a loan that your IRA takes on.
Under the provisions of the tax code, it would be considered a prohibited transaction for you to personally guarantee the debt that your IRA is taking on.
A lot of people ask, “Does this mean that I can’t get a loan to buy IRA-owned properties?” Not necessarily. There are lenders – known as non-recourse lenders – that will loan to an IRA. If my IRA wants to buy a property and use the IRA as a down payment and get a loan, that loan has to be a non-recourse loan.
Generally, we don’t see a lot of self-directed real estate investors taking out loans for their IRAs. Oftentimes, they’re entering a real estate transaction as a cash buyer. Their IRA buys the property and pays for all repairs. The IRA then receives any profits from the investment, per IRS rules.
Sometimes an IRA will partner with another funding source, such as a business partner, spouse, or other family member. It’s possible to partner multiple IRAs or partner with disqualified as well as non-disqualified persons. See this video for more details.
Remember: there’s an entire universe of investments and strategies that is possible with an IRA or other account. The Internal Revenue Code and IRA guidelines are exclusive, not inclusive. You can invest in rentals, rehabs, and so many creative investments with your self-directed IRA. You just have to make sure that you’re heading down the right path.
Can my IRA purchase real estate that I currently own?
No. This is considered a prohibited transaction (see IRC 4975). You may not purchase a property, or interest in a property, that’s currently owned by a disqualified person, which includes yourself.
2
Can my IRA invest in a newly formed entity that will invest in real estate?
Yes. Investments in newly formed private entities, such as limited partnerships, limited liability companies, C corporations or land trusts, are permissible under the Internal Revenue Code, with the exceptions of subchapter S corporations.
Join over 100,000 subscribers who receive investing and wealth-building news and education in their inbox.
You are leaving trustetc.com to enter the ETC Brokerage Services (Member FINRA/SIPC) website (etcbrokerage.com), the registered broker-dealer affiliate of Equity Trust Company. ETC Brokerage Services provides access to brokerage and investment products which ARE NOT FDIC insured. ETC Brokerage does not provide investment advice or recommendations as to any investment. All investments are selected and made solely by self-directed account owners.
We use cookies to improve your experience on our site. By using our site, you consent to cookies.
Cookie Preferences
When you visit our website, we and our vendors use cookies and other online tracking technologies ("Cookies") to enhance user experience, analyze website performance and traffic, and provide marketing and advertising.
We use certain Cookies to enable the website to function, including for website security and to remember your settings and privacy preferences. These Cookies are always active. You can set your browser to block or alert you about these Cookies, but if you block these Cookies, some parts of the website may not function properly.
A sale of personal information can refer to disclosures of personal information to third parties who may use the information for their own purposes, such as Cookie vendors. Similarly, sharing personal information refers to disclosing personal information to third parties for cross-context behavioral advertising. In this context we sell and share personal information through our website. If you would like to opt out of sales and sharing for cross-context behavioral, please opt out of the Targeting and Analytics sections below. If you choose to use the Global Privacy Control (GPC) browser signal, you will be opted out of sales and sharing for cross-context behavioral advertising associated with the browser for which you have enabled the signal. If you use multiple browsers or devices, you will need to activate the signal for each one that you use.
You can manage your Cookies at any time by clicking the "Do Not Sell or Share My Personal Information" link in the footer of the website.
Please see our Privacy Policy for more information about our privacy practices.
These Cookies are necessary for the website to function and are always active. These Cookies are used, for example, for the security of our website and to administer your privacy preferences. You may configure your browser to block or alert you about these Cookies, but some parts of the website may not function properly if you do so.
Name
Description
Duration
Geolocation Config
This cookie is used to store the consent settings based on the visitor's location.
365 days
Cookie Preferences
This cookie is used to store the user's cookie consent preferences.
365 days
CloudFlare provides web performance and security solutions, enhancing site speed and protecting against threats.
The _cfuvid cookie is only set when a site uses this option in a Rate Limiting Rule, and is only used to allow the Cloudflare WAF to distinguish individual users who share the same IP address.
session
cf_clearance
Whether a CAPTCHA or Javascript challenge has been solved.
session
__cfseq
Sequence rules uses cookies to track the order of requests a user has made and the time between requests and makes them available via Cloudflare Rules. This allows you to write rules that match valid or invalid sequences. The specific cookies used to validate sequences are called sequence cookies.
session
cf_ob_info
The cf_ob_info cookie provides information on: The HTTP Status Code returned by the origin web server. The Ray ID of the original failed request. The data center serving the traffic
session
cf_use_ob
The cf_use_ob cookie informs Cloudflare to fetch the requested resource from the Always Online cache on the designated port. Applicable values are: 0, 80, and 443. The cf_ob_info and cf_use_ob cookies are persistent cookies that expire after 30 seconds.
session
__cfwaitingroom
The __cfwaitingroom cookie is only used to track visitors that access a waiting room enabled host and path combination for a zone. Visitors using a browser that does not accept cookies cannot visit the host and path combination while the waiting room is active.
session
cf_chl_rc_i
These cookies are for internal use which allows Cloudflare to identify production issues on clients.
session
cf_chl_rc_ni
These cookies are for internal use which allows Cloudflare to identify production issues on clients.
session
cf_chl_rc_m
These cookies are for internal use which allows Cloudflare to identify production issues on clients.
session
__cfruid
Used by the content network, Cloudflare, to identify trusted web traffic.
session
__cf_bm
Cloudflare's bot products identify and mitigate automated traffic to protect your site from bad bots. Cloudflare places the __cf_bm cookie on End User devices that access Customer sites that are protected by Bot Management or Bot Fight Mode. The __cf_bm cookie is necessary for the proper functioning of these bot solutions.
session
__cflb
When enabling session affinity with Cloudflare Load Balancer, Cloudflare sets a __cflb cookie with a unique value on the first response to the requesting client. Cloudflare routes future requests to the same origin, optimizing network resource usage. In the event of a failover, Cloudflare sets a new __cflb cookie to direct future requests to the failover pool.
session
Google Tag Manager loads the site's other analytics and advertising tags. It sets no cookies of its own; each tag it loads is listed under its own category and only runs with the consent that category requires.
Set on m.stripe.com to help Stripe detect fraudulent payments.
2 years
These Cookies help us understand how visitors interact with our website by collecting information about usage, traffic, and website performance. This information helps us improve the website and user experience.
Crazy Egg records how visitors scroll, click and move through pages (heatmaps and session recordings). Form fields are masked before any data leaves the browser.
Set by Cloudflare on Unbounce's content domain (js.ubembed.com) to distinguish people from automated traffic.
30 minutes
These Cookies are used by us and our advertising and marketing partners to deliver more relevant content and advertisements. They may collect information about your browser, device, and interactions across websites to help tailor advertising and measure campaign effectiveness.
Google Ads measures the results of advertising and builds audiences for showing relevant ads.
Identifies the browser to Reddit for advertising and measurement.
3 months
These Cookies enable enhanced features and personalisation, such as remembering your preferences and providing additional functionality. They may be set by us or our vendors. If disabled, certain website features may not operate as intended.
Calendly provides appointment scheduling for booking a consultation. The cookies below are set by Calendly's content delivery network.