Eliminates Certain Investments And Forces Distributions or Sell of Assets
The proposed legislation would prohibit IRAs from holding private equity and debt securities.
It also prohibits IRA owners from investing in non-publicly traded entities in which the IRA owner and related entities (including the IRA itself) own more than a 10% interest orany entity in which the IRA owner is an officer or director, regardless of ownership percentage.
For example, single-member LLCs or any investment in an entity in which an individual is a director or officer could no longer be held in an IRA.
If the proposed legislation is enacted:
- IRAs holding any of the above investments would lose all of the tax advantages previously available to the IRA.
- you will no longer be able to purchase any of the above investment types in your IRA.
- you will be required to dispose of any such investments that you currently hold in your IRA by no later than December 31, 2023.
This means that if the asset(s) could not be sold or liquidated and must be distributed in-kind from the IRA, you would be facing significant and previously unforeseen financial and tax consequences, including taxes and penalties.
