Disqualified Managers

For purposes of this restriction, the term “disqualified person” means a person who is—

  • A- a fiduciary;
  • B- a person providing services to the plan;
  • C- an employer any of whose employees are covered by the plan;
  • D- an employee organization any of whose members are covered by the plan;
  • E- an owner, direct or indirect, of 50 percent or more of—

(i)the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation,

(ii)the capital interest or the profits interest of a partnership, or

(iii)the beneficial interest of a trust or unincorporated enterprise, which is an employer or an employee organization described in subparagraph (C) or (D);

  • F- a member of the family (as defined in paragraph (6)) of any individual described in subparagraph (A), (B), (C), or (E);
  • G- a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of—

(i)the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation,

(ii)the capital interest or profits interest of such partnership, or

(iii)the beneficial interest of such trust or estate,

is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E);

  • H- an officer, director (or an individual having powers or responsibilities similar to those of officers or directors), a 10 percent or more shareholder, or a highly compensated employee (earning 10 percent or more of the yearly wages of an employer) of a person described in subparagraph (C), (D), (E), or (G); or
  • I- a 10 percent or more (in capital or profits) partner or joint venture with a person described in subparagraph (C), (D), (E), or (G).

These are not all of the restrictions that you should be aware of. Consult with your custodian to understand the rules in order to avoid prohibited transactions with disqualified person(s) that could lead to immediate distribution of the IRA, along with possible taxes and penalties. A prohibited transaction is any improper use of the IRA account by the account owner, beneficiary or any disqualified person (spouse, ancestor, lineal descendant). You should review publication 590 and internal revenue code section 4975 along with consulting with a personal trusted legal adviser before funding any investment within the IRA.