General Rules for IRAs
Some rules that apply to all kinds of IRAs
By
Kaye A. Thomas
Updated February 11, 2006
These rules apply to traditional IRAs and Roth
IRAs.
Most of the rules that apply to traditional IRAs also apply to Roth IRAs. There are
important differences, of course, and those are spelled out on other pages. This page
summarizes a few of the most important rules that apply to both types of IRAs.
Trust or Custodial Account
Your IRA must be maintained as a trust or custodial account at a bank, a federally
insured credit union, a savings and loan association, or an entity approved by the IRS to
act as trustee or custodian. Other approved entities include mutual funds, stock brokers
and insurance companies. The assets of your IRA can't be commingled with other assets (for
example, you can't have a joint IRA with your spouse).
Contributions
There are special rules for Roth IRA contributions. But some rules for regular IRA
contributions apply to the Roth IRA, too.
Timing
You can set up a Roth IRA at any time. However, you can make contributions for a given
year only during the period that begins on the first day of the year and ends on the due
date of your return for the year not including extensions. If you file
your tax returns on the calendar year (as nearly all people do), you can make your
contribution for any year during the period from January 1 of that year until April 15 of
the following year. (If April 15 falls on a weekend or holiday, the deadline is the
first weekday after April 15 that isn't a holiday.)
- If you make a contribution to
an IRA on or before April 15 it's important to designate whether the contribution is
for the current year or the preceding one.
- When you designate a contribution for the
previous year, you're treated as if you made the contribution on December 31.
- You can file your tax return before you make
your contribution. If you do this, report the contribution that you intend to
make (if you're contributing to a traditional IRA). If you
end up not making the contribution, you should file an amended return notifying the IRS of
this fact. (Contributions to Roth IRAs aren't deductible, so you don't
have to report these contributions on your return in any event.)
Cash Only
Any regular contribution to an IRA (contributions other than
conversions or rollovers) must be made in cash. You're not
allowed to contribute property (such as stocks and bonds) except when you're completing a
conversion or rollover.
Prohibited Transactions
There are various things you're not permitted to do with a regular IRA. The same rules
apply to Roth IRAs. Examples of prohibited transactions:
- Borrowing from your IRA or using it as security
for a loan.
- Selling property to your IRA, or buying property
from it.
- Buying property for your personal use with funds
held by your IRA (before the funds have been distributed to you).
- Investing your IRA in certain
"collectibles."
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