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Client Considering Using His IRA For an Unconventional Investment?Client Considering Using His IRA For an Unconventional Investment?

Wealthy clients often ask advisors whether they should use their individual retirement accounts for unconventional investments. And now that the equity and debt markets have experienced significant volatility, clients may be even more interested in going beyond such common investments as publicly traded stocks and bonds, mutual funds and annuity contracts to venture into commercial or residential

Thomas C. Foster, Director

September 1, 2008

8 Min Read
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Thomas C. Foster

Wealthy clients often ask advisors whether they should use their individual retirement accounts for unconventional investments. And now that the equity and debt markets have experienced significant volatility, clients may be even more interested in going beyond such common investments as publicly traded stocks and bonds, mutual funds and annuity contracts to venture into commercial or residential real estate, interests in closely held businesses, hedge funds, tangible personal property, etc.

But on top of the normal risk/return/diversification analysis that advisors apply to all proposed investments, unconventional investments that will be held in IRAs must be evaluated considering certain additional criteria, including:

  • Are the investments statutorily proscribed for IRAs?

  • Are they prohibited transactions (Pts) vis-a-vis the IRA owner?

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About the Author

Thomas C. Foster

Director, McCandlish Holton

Thomas C. Foster is a member of the McCandlish Holton Tax Section and Corporate Department with a primary emphasis on employee benefits. Regarding employee benefits, his clients include major financial institutions, employers in diverse industries, accountants and employee benefits consultants.

Additional areas of practice emphasis include: tax issues in business structuring, state and local taxation, payroll taxes (especially with international employees) and conservation easements.

Tom has been practicing law with McCandlish Holton since 1994. Prior to joining the firm, Tom had 20 years of related experience, primarily as an officer of a major bank employee benefit trust department.

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