jkharvey Posted February 17, 2011 Posted February 17, 2011 401k plan with directed investment. The two owners (naturally) purchased investment in Canadian gold maple leaf coins. Does anyone know if this meets the exception provided in 408m (I think that's the section). If not, this would be a distribution, correct?
Guest Sieve Posted February 17, 2011 Posted February 17, 2011 The collectible rules exceptions generally are cross-references to non-IRC provisions, But, as might be expected, the exception applies to US and state-issued coins, as IRS Pub. 590 says: Exception. Your IRA can invest in one, one-half, one-quarter, or one-tenth ounce U.S. gold coins, or one-ounce silver coins minted by the Treasury Department. It can also invest in certain platinum coins and certain gold, silver, palladium, and platinum bullion.
masteff Posted February 17, 2011 Posted February 17, 2011 Are the coins being held by a custodian? If not held by a custodian then absolutely a distribution. (And I though 408(m) related to IRAs... does some section related to qualified plans cross-reference?) Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra
SFSD Posted February 18, 2011 Posted February 18, 2011 I guess another question is did they purchase the actual Canadian coins? Are they held by a custodian? Or did they purchase "an investment" that's not the actual physical coins?
mbozek Posted February 18, 2011 Posted February 18, 2011 401k plan with directed investment. The two owners (naturally) purchased investment in Canadian gold maple leaf coins. Does anyone know if this meets the exception provided in 408m (I think that's the section). If not, this would be a distribution, correct? As noted IRS pub 590 limits a participant's retirement plan investment in gold to US coins to and gold bullion. Any other participant directed investments in gold are deemed a taxable distribution in the year invested subject to income tax and the 10% penalty. mjb
david rigby Posted February 18, 2011 Posted February 18, 2011 Other discussions can be found using the Search feature, with a keyword of "collectible". I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Guest Sieve Posted February 18, 2011 Posted February 18, 2011 masteff -- By its terms, 408(m) applies to IRAs and individually-directed qualified plans. (IRC Section 408(m)(1).) No cross reference. mbozek - Investment in state coins also is permitted. (IRC 408(m)(3)(A)(iv).)
masteff Posted February 19, 2011 Posted February 19, 2011 masteff -- By its terms, 408(m) applies to IRAs and individually-directed qualified plans. (IRC Section 408(m)(1).) No cross reference. Ah, it's right there in the code if I'd have read closer... thanks! Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra
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