ARTICLE
1 November 2021

Representative Neal Proposes IRA Changes

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
Prohibiting an IRA from holding certain private investments.
United States Tax

In mid-September, Chairman of the House Ways and Means Committee Richard Neal (D-Mass.) introduced an amendment to the budget reconciliation legislation that would make a number of changes to IRAs. These changes include:

  • Prohibiting an IRA from holding certain private investments. If an IRA held a security where the issuer of the security required the holder to satisfy certain asset, income, or education requirements (such as investments only offered to accredited investors), the IRA would lose its IRA status and would be treated as having distributed the fair market value of the IRA's assets as of the first day of the taxable year.
  • Prohibiting contributions to an IRA if a taxpayer's combined IRA and defined contribution retirement accounts exceed $10 million.
  • Imposing mandatory distributions (up to 50% of the amount over the $10 million threshold) for high-income taxpayers with over $10 million in an individual's combined traditional IRA, Roth IRA, and defined contribution retirement account balances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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