Marshville, NC asked in Tax Law, Securities Law and Banking for North Carolina

Q: Can I invest ROTH IRA funds in a trading contract with a prop firm without incurring IRS violations?

I have a self-directed ROTH IRA and I'm considering purchasing a trading contract with a proprietary trading firm ("prop firm"). The firm provides the capital, and profits would be deposited into a bank account I designate. I would not use leverage or incur debt directly within the ROTH. I'm aware of IRS rules against self-dealing and taking on debt with ROTH funds. Given this structure, would there be any violations or concerns with using ROTH funds for this investment?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Investing ROTH IRA funds in a prop trading contract could be problematic for two main reasons. If you engage in a prohibited transaction with your IRA, the IRS treats the entire account as distributed on the first day of that year, potentially triggering taxes on all gains. The IRS strictly prohibits using an IRA as security for a loan, which includes margin accounts that let you borrow money to buy securities.

While you state the prop firm provides the capital, the structure raises red flags. Under tax code provisions, it's considered a prohibited transaction for you to personally guarantee debt your IRA takes on. Also concerning is that profits would flow to your designated bank account rather than directly back into the ROTH, which could violate ROTH IRA structural requirements.

Self-directed IRAs offer flexibility, but they must follow strict rules. The use of IRA assets to invest in certain arrangements "can result in what the IRS refers to as a prohibited transaction under the Internal Revenue Code." This risk is especially high when money flows between your personal finances and retirement accounts in non-standard ways.

Given these complexities, I strongly recommend consulting with a tax attorney or financial advisor specializing in self-directed IRAs before proceeding. The consequences of an accidental prohibited transaction are severe – your entire ROTH could lose its tax-advantaged status.

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