Can I move funds to another self-directed IRA after a prohibited transaction, or salvage the untainted portion?
I think I messed up big time with my self-directed IRA this year. I invested part of my IRA into an LLC that was created solely to invest in a C Corp, which I've now realized is probably a prohibited transaction. Ugh, I'm kicking myself for not doing more research beforehand. I have two questions about my options going forward: 1) If I acknowledge the prohibited transaction, pay all the taxes and penalties for the early withdrawal, can I then roll over these same funds into a fresh, clean self-directed IRA? Or am I completely locked out? 2) Here's where it gets interesting - only about 37% of my self-directed IRA was actually involved in this prohibited transaction (the LLC/C Corp investment). For the other 63% that wasn't involved, can I somehow keep that portion in the same self-directed IRA with its tax-advantaged status intact? Like, pay the penalties and taxes just on the 37% that was part of the prohibited transaction, but maintain the rest as a clean self-directed IRA? I'm trying to salvage whatever I can from this situation. Any advice would be really appreciated!
18 comments


StarSurfer
Prohibited transactions with IRAs can be really tricky, and I understand your concern about trying to salvage what you can. Unfortunately, when an IRA engages in a prohibited transaction, the entire IRA is considered disqualified as of January 1 of the year the prohibited transaction occurred. This is true even if only a portion of the IRA was involved in the transaction. The IRS treats the entire account as distributed, meaning all assets are considered withdrawn and subject to taxes and potential penalties. Regarding your first question, yes, after paying all taxes and penalties, you could establish a new self-directed IRA and make new contributions based on annual contribution limits. However, you wouldn't be "rolling over" the distributed funds - you'd be starting fresh with new contributions. For your second question, partial disqualification isn't an option under current IRS rules. When a prohibited transaction occurs, the entire IRA loses its tax-advantaged status, not just the portion involved in the transaction.
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Yuki Nakamura
•Wow, that's a harsh reality check. So just to be crystal clear - even though only 37% of my IRA was involved in the prohibited transaction, the ENTIRE account is considered distributed as of January 1st this year? And there's absolutely no way to just "remove" the bad portion and keep the rest of the IRA intact? Also, what's the timeframe here? Do I need to report this and pay everything with this year's taxes, or do I have some flexibility?
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StarSurfer
•Yes, that's exactly right - the entire IRA is disqualified and treated as distributed as of January 1 of the year the prohibited transaction occurred, regardless of what percentage was actually involved. The IRS doesn't allow for partial disqualification or the option to just remove the problematic portion. You'll need to include the full value of the IRA as of January 1 of this year as income on your tax return for this tax year. If you're under 59½, you'll also face the 10% early withdrawal penalty on the entire amount unless you qualify for an exception. I'd recommend working with a tax professional to properly report this on your tax return and to explore any potential penalty exceptions that might apply to your specific situation.
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Carmen Reyes
After reading your situation, I feel your pain. Last year I made a similar mistake with my self-directed IRA by accidentally investing in a company where my brother-in-law was an executive (didn't know that was a prohibited transaction until it was too late). I was completely lost on how to handle the tax implications and documentation requirements. I tried various online resources but got conflicting information until I found taxr.ai (https://taxr.ai). What was helpful is they analyzed all my IRA documentation and clearly explained which parts of the tax code applied to my situation. They even outlined the specific reporting requirements for Form 5329 and how to properly document the distribution on my 1040. Since your situation involves an LLC and C Corp structure, you might find their document analysis especially useful for determining if there are any exceptions that might apply in your case or confirming the prohibited transaction determination.
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Andre Moreau
•Did taxr.ai help you figure out if there were any exceptions you could use to avoid the penalties? I'm in a similar boat with a potential prohibited transaction involving a real estate investment through my self-directed IRA, and I'm desperately looking for a way to avoid losing the entire account.
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Zoe Christodoulou
•How exactly does this service work? Do you upload all your IRA documents and they just tell you what to do? Seems like something a CPA should handle, not an online service.
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Carmen Reyes
•They helped identify a possible exception related to the timing of when my brother-in-law joined the company, which potentially changed how the transaction was classified. It didn't completely eliminate penalties in my case, but it did reduce the impact significantly. The service works by analyzing the actual documentation from your IRA, transaction records, and relevant company structures. You upload your documents and they use specialized software to identify relevant tax code sections and previous tax court rulings that might apply to your specific situation. Think of it as a deep legal research tool that specializes in tax issues rather than just general advice. They can provide documentation you can take to your CPA to help them properly handle the reporting and determine if any exceptions apply.
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Andre Moreau
Just wanted to update everyone on my situation. After seeing the recommendation here, I tried taxr.ai for my self-directed IRA prohibited transaction issue. I was honestly skeptical at first, but I'm glad I gave it a shot. They analyzed all my documentation and found something interesting - because of how my real estate investment was structured through multiple entities, there was a possible exemption under Section 4975(d) that might apply. They provided detailed documentation citing specific tax court cases with similar structures to mine. I took their analysis to my accountant who was initially convinced I was completely out of luck. After reviewing the taxr.ai report, he agreed there was a legitimate case for a different classification of my transaction. We're now working on the proper documentation to potentially save a significant portion of my retirement account. If you're dealing with prohibited transaction issues, especially with complex structures like LLCs or multi-entity investments, it's definitely worth getting a specialized analysis before assuming the worst.
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Jamal Thompson
Having dealt with IRS issues related to my own self-directed IRA last year, I know how frustrating it can be to get clear answers about prohibited transactions. After my custodian flagged a potential issue, I spent WEEKS trying to reach someone at the IRS who could actually provide guidance on my specific situation. I tried calling the general IRS number over 30 times and either couldn't get through or was transferred multiple times only to be disconnected. It was maddening! Eventually I found Claimyr (https://claimyr.com) and decided to try their IRS call-back service. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Within about 90 minutes, I got a call back from an actual IRS agent who specialized in retirement accounts. She was able to clarify exactly what documentation I needed to provide and explained the process for reporting the distribution correctly to minimize additional penalties. If you're trying to get specific guidance from the IRS about your prohibited transaction situation, this service might save you a lot of time and frustration.
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Mei Chen
•How does this actually work? Does the IRS know they're calling someone who used this service or do they just think they're calling you directly? Feels a bit sketchy.
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Zoe Christodoulou
•Yeah right. There's no way this actually works. The IRS is IMPOSSIBLE to reach by phone. I've tried dozens of times over the past few months to get help with my IRA rollover issues. If this service actually got you through to a specialist in 90 minutes, I'll eat my hat.
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Jamal Thompson
•The service basically keeps dialing on your behalf and navigates the IRS phone tree until they reach a human. Once they're connected, they call you and conference you in with the IRS agent. The IRS agent knows they're speaking directly to you - there's no deception involved. It's just automating the tedious process of repeatedly calling and waiting on hold. It actually does work - I was as skeptical as you are. I'd spent over 6 hours across multiple days trying to reach someone at the IRS without success. The service had me connected with an agent in about 85 minutes without me having to do anything. The agent was from the retirement plan services division and was actually really helpful once I explained my situation. They can't guarantee which department you'll reach, but in my experience, they can transfer you to the right department once you're connected.
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Zoe Christodoulou
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway out of desperation - I've been trying to resolve an IRA rollover issue for months. The service actually worked exactly as described. I submitted my request around 9am, and by 10:30am I got a call connecting me with an IRS representative. I was honestly shocked when my phone rang and there was an actual IRS person on the line. The agent was able to look up my account, confirm the status of my case, and provide specific guidance on the documentation I needed to submit to resolve my prohibited transaction issue. He even gave me a direct fax number for the retirement accounts division and a reference number to include with my documentation. Just wanted to update here in case anyone else is struggling to get through to the IRS about retirement account issues. Having a direct conversation with an agent made a huge difference in understanding my options.
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CosmicCadet
Just to add another perspective on prohibited transactions - if you haven't actually completed the transaction yet but are just planning it, you might want to look into requesting a Private Letter Ruling (PLR) from the IRS. It costs money (I think around $10,000 now), but they'll give you a binding determination on whether your specific transaction would be prohibited. Of course, that doesn't help if you've already done the transaction, but it's something to consider for future self-directed IRA investments if you're in a gray area.
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Liam O'Connor
•Is a Private Letter Ruling actually worth the cost though? I've heard they take forever to get (like 6-9 months) and by then your investment opportunity might be gone. Have you actually done one yourself for an IRA transaction?
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CosmicCadet
•You're absolutely right about the timeframe - they typically take 6-9 months, which makes them impractical for many time-sensitive investments. I haven't personally done one, but a business partner did for a significant real estate investment he was considering through his self-directed IRA. For smaller investments, the cost usually doesn't make sense. But if you're considering a large transaction with millions at stake, or a recurring investment strategy you plan to use multiple times, it can be worth the peace of mind. In my partner's case, the PLR actually saved him from making what would have been deemed a prohibited transaction, potentially saving him hundreds of thousands in taxes and penalties.
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Amara Adeyemi
Has anyone successfully used a roth conversion ladder after dealing with a prohibited transaction? I'm wondering if there's a strategic way to handle the taxes by converting to a Roth and spreading the tax impact.
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StarSurfer
•A Roth conversion ladder won't help after a prohibited transaction has already occurred. Once the prohibited transaction happens, the IRA is immediately considered distributed as of January 1 of that year. It's no longer an IRA that can be converted to a Roth. You could potentially use the distributed funds to contribute to a new Roth IRA (subject to income limits and annual contribution caps), but you'd still owe taxes and penalties on the full distribution from the disqualified IRA first.
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