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Why are IRA's protected from creditors?
Posted on 4/9/15 at 11:01 pm
Posted on 4/9/15 at 11:01 pm
So basically people can fill up their IRA's and stiff people they owe money?
Posted on 4/9/15 at 11:08 pm to tigerskin
Because its not the depositor's money until constructive receipt is made and income tax is paid. First lien holder is the federal government. Can't be used as collateral either.
Posted on 4/10/15 at 12:08 pm to tigerskin
quote:
So basically people can fill up their IRA's and stiff people they owe money?
You're only allowed $5500/yr in contributions, so no, they can't "basically fill it up". The only money they can put in are their yearly limits and rollover from other retirement accounts, none of which can be taken by creditors.
Posted on 4/10/15 at 12:40 pm to tigerskin
The problem is that if a creditor takes the money, it would incur income taxes and penalties perhaps to the owner.
And if a rule was passed that made "debt collection" not subject to penalties, everyone would just tell collectors to go tap the accounts.
There are much greater abuses of "hiding money from creditors" than retirement plans.
And if a rule was passed that made "debt collection" not subject to penalties, everyone would just tell collectors to go tap the accounts.
There are much greater abuses of "hiding money from creditors" than retirement plans.
Posted on 4/10/15 at 4:13 pm to LSUFanHouston
Life insurance and annuities FTW.
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