Rollover vs. contributory IRA

Is there any difference between IRA assets that were rolled over from a qualified plan, vs. a SEP or other IRA in terms of protection from creditors? Is there any reason to specifically label an account “rollover IRA”?



For federal bankruptcy purposes assets in a QRP or a rollover IRA from a QRP have unlimited bankruptcy protection. IRAs of all types are limited to $1,000,000 of bankruptcy protection in total – SEPs are in that category.

If bankruptcy is not the issue – you look to state law for creditor protection for IRAs – different state has different rules. I believe Alan had a chart with a rundown of the rules state by state.

There have been different reasons over the years to register an IRA as a rollover IRA, but IRA custodians all have their different procedures regarding how long “rollover” continues to show on the registration. For example, what was originally a rollover IRA can receive a regular IRA contribution and most custodians are not going to change the rollover. I combined a contributary IRA account at Schwab with my rollover IRA, and now the remaining account still shows as a rollover.

Prior to 2002, a rollover aka conduit IRA is the only type of IRA that could be transferred back to an employer plan and it could not contain any after tax dollars. And a rollover IRA still has implications with respect to those born before 1/1/1936 who want to use the 10 year tax options or cap gain treatment on a distribution from a QRP that received IRA rollover funds.

At present, there are still many employer plans that will not accept an IRA rollover from an IRA account that is not a “rollover IRA” due to fear of getting after tax contributions in the transfer. This requirement does not guarantee them any protection, but I suspect they consider that it will reduce the chances of that happening.

But the unlimited protection in BK in certain states is a major consideration now, ie avoiding the 1mm limit that applies to all other IRAs.

Here is a link to the asset protection list of state provisions, but note that it is almost 4 years old:
http://www.creditorexemption.com/

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