Private Company Stock in a Roth

Here is a question I was posed today and I need to defer to the experts because I did not know. Client has a combined income of less than $150,000 from last year and would like to open a Roth IRA prior to April 15th for the year 2008 and they would like to contribute stock of a company they bought into last year. They would also like to make additional contributions to maximize for 2009 as well.

Lets say he owns 5 shares and each share is worth $5000, (his buy in price) and lets say he is more than a 5% owner of the comany now. Lets say they are over 59 1/2 for this example. The value of one share for himself puts him almost at his limit and his wifes as well, the other $2000 ($1000 catch up each) that he could potentially fill his Roth for he and his wife is a portion of another share. You cannot split the next share correct? not without the company that he purchased it from reissuing correct?

The other question I have is how is valuation determined? His cost basis at the time of purchase? If that number is below the $5000 annual contribution limits and below the $1000 if he is over age 59 1/2 can he contribute these shares into this Roth. The next question is who would be able to hold the account for him?

Thanks in advance for your help.

Chris



Roth contributions must be in cash. If the Roth IRA custodian is willing, the Roth could purchase the stock. Presumably the purchase price would be the fair market value. Most custodians are leary of making any investments like this so it may be extremely difficult to make this happen.

The only way to get stock into a Roth is if it is in a traditional IRA that is rolled over.



With respect to the privately held shares, being over a 5% owner does not make this a prohibited investment until the ownership reaches 50%. However, if other disqualified persons also hold shares that add up to 50%, then purchasing the shares would be a prohibited transaction.



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