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Individual Retirement Accounts Protected From Seizure in Bankruptcies
from: Pat MoauroAn IRA (Individual Retirement Account) is a retirement plan, which provides certain tax advantages. Commonly known as the Individual Retirement Account, it's legally known as the Individual Retirement Arrangement.
An IRA can be an annuity (usually deferred) or have a trust arrangement that meets necessary requirements of the Internal Revenue Service.
This funding and trust by financial vehicles qualifies it as an account. For this reason, "Individual Retirement Account" is the moniker most often applied to the IRA, even by financial experts.
The various types of IRA's include the following:
* Roth IRA: This is a retirement account set up by William Roth. Since the money is taxed before it's deposited, the earnings that accumulate may be withdrawn tax-free.
* Traditional IRA: This IRA account differs from the Roth IRA in that deposition happens first before the money becomes taxed. The money accumulates tax free on profit until it's withdrawn at retirement, when the money is taxable.
* Rollover IRA: As far as tax treatment is concerned, nothing distinguishes the Rollover IRA from the usual traditional IRA accounts. However, its funds come from another kind of retirement plan and are "rolled over" into the IRA known as a rollover instead of given as cash.
* Conduit IRA: It's used to transport appropriate funds from one account to another. To maintain particular special tax treatments, the money may not be combined with other kinds of assets including that of other IRAs.
* SEP IRA: For self-employed individuals.
* SIMPLE IRA: This is a less complicated employee pension plan like 401(k) but with simpler administration and reduced contribution limits.
The 2001 Economic Growth and Tax Relief Reconciliation Act (EGTRRA), has helped ease the many restrictions on the kind of funds that can be rolled into an IRA. Other acts have followed suit allowing most retirements plans to accept funds from an IRA and to be rolled in return after meeting certain criteria.
The United States Supreme Court has ruled that IRAs can't be seized during bankruptcy. This is because the rights of withdrawals are based on age and should be given the same protection as other retirement plans. Other states have made similar laws giving IRAs federal protection.
Some things that aren't permitted to be financed as part of an IRA include collectibles such as bullion and valuable coins; and life insurance. These IRAs cannot generally accommodate real estate unless it as a type of security, e.g., real estate investment trusts (REIT).
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