Guest BKH Posted January 13, 2004 Posted January 13, 2004 Can an IRA owner loan funds out of his IRA to an unrelated and independent corporation and at the same time enter into a consulting agreement to perform services to that corporation without incurring a prohibited transaction? Thanks for your help.
Guest BKH Posted January 14, 2004 Posted January 14, 2004 As a follow-up, my concern is that since the IRA owner is receiving compensation (and thus a benefit) from the independent company under a consulting agreement, there is a prohibited transaction under Code Section 4975©(1)(D) or (E) because the IRA owner has been benefited or has dealt with the IRA assets in his own interest (i.e., self-dealing). The consulting agreement is a way to provide the IRA owner with a return on the loan that would otherwise be prohibited under the state usurious interest rules. Thanks.
Guest jfp Posted January 15, 2004 Posted January 15, 2004 It is certainly a pt based on the facts which you have set forth. If the IRA owner was required to perform actual services for his consulting fee, then you'd still be in a gray area.
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