Self Directed IRAs and IRS Code 408 M3

What is IRS code 408 m3

Self-Directed IRA LLCs have long invested their retirement funds in IRS approved coins and bullion/precious metals; however, in order to remain compliant with IRS regulations they must abide by several rules.

Coin and bullion must be physically held by their trustee, typically a depository facility.


As economic uncertainty increases, more individuals are turning to precious metal investments as a safe haven. While numerous online resources may provide investors with advice, tax professionals are best equipped to offer guidance that complies with IRS regulations – this is particularly important in self-directed IRAs where a detailed understanding of Section 408(m)(3) can prevent penalties that are otherwise costly.

When investing in coins, the safest approach is holding them with a trustee (as defined by Internal Revenue Code 408) such as an approved depository. TAMRA permits investors to buy IRS approved coins such as American Eagles and state minting coins with limited flexibility but must remain “physically in possession” of an approved depository or trust company in order to remain compliant with IRS code 408(m)(3); individuals should always consult professional tax advice when making investment decisions for an IRA to ensure compliance with federal regulations.

Bullion/Precious Metals

Gold and silver bullion is measured by weight and comes in many forms such as bars, ingots, coins, jewelry or even bars made out of pure base metals (such as copper) but typically only precious metals are considered bullion.

Investment-grade bullion is marked with its weight and purity levels of Precious Metals it contains, which is essential because the value of bullion stems from its precious metal content, rather than from any physical properties such as shape or other features.

Bullion provides investors with a convenient and cost-effective means of diversifying their wealth portfolio, often purchased in bar form due to its affordability and convenience. Bars may be formed either through molding liquid Precious Metals into bars or through more precise minting processes which produce intricate designs on its surface while still deriving its value from its melt value of its precious metal content.

Safe Deposit Boxes

Safe deposit boxes are rental storage spaces offered by banks to their customers for off-site safe storage, typically locked with dual systems that require both renter and bank attendant to open. Premium accounts or customers who make regular deposits often qualify for discounts when renting these secure spaces.

Safe deposits can provide an ideal environment to secure valuables such as collectible baseball cards, jewelry from relatives or important documents – yet aren’t the ideal option when it comes to something irreplaceable or that you need quickly such as original documents (living wills, powers of attorney and living trust papers) or cash.

Contrary to checking and savings accounts, safe deposit boxes do not enjoy FDIC insurance protection and can only be opened during business hours with rental fees applied accordingly. An alternative would be opening a money market account which offers similar interest rates with additional features similar to checking accounts such as balance alerts.


IRS Code Section 408 forms an integral part of IRA regulations, specifying exactly which assets can be held within an individual retirement account (IRA). As such, its rules play a vital role in how individuals manage their IRA and ensure they follow all applicable guidelines and laws.

As per IRS Code regulations, collectibles like IRS-approved coins and bullion/precious metals can only be purchased with funds from an IRA when in physical possession of a trustee, such as a depository. Some Self-Directed IRA LLCs store precious metals/coins in bank safe deposit boxes – however this could potentially violate code as the bank would not act as trustee for that IRA holder’s holdings; accordingly IRA holders should store precious metals/coins with depository which will ensure they follow appropriate rules when buying/holding these items. Additionally they should seek guidance from tax professionals so as to ensure they purchase/hold them according to rules when holding onto these items.

Raymond Banks Administrator
Raymond Banks is a published author in the commodity world. He has written extensively about gold and silver investments, and his work has been featured in some of the most respected financial journals in the industry. Raymond\\\'s expertise in the commodities market is highly sought-after, and he regularly delivers presentations on behalf of various investment firms. He is also a regular guest on financial news programmes, where he offers his expert insights into the latest commodity trends.

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