QP Rollover to IRA as conduit- protected from creditors

Question- the client has a Profit Sharing Plan that is terminating- there is a large balance to rollover to an IRA- will that asset be protected from creditors as long as we do not commingle it with any other IRA funds- is there something in writing to provide to the client as well.
Thank you.



This issue can become rather complicated, but check the appropriate state protection of IRAs per links following. The basic federal protection only applies pursuant to a federal court Bk filing, and the limits of protection are 1,000,000 for all IRAs except rollover (conduit ) IRAs that will not be subject to a limit. When funds are commingled in an IRA account, the actual limit of protection may depend on documenting the amount that traced from a rollover, but this has not yet been tested and therefore it is safer to avoid commingling.

There is NO protection against marital settlement or IRS claims in any event.
http://www.assetprotectionbook.com/state_resources.htm
http://www.fpanet.org/journal/articles/2005_Issues/jfp0805-art6.cfm



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