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Why are IRA's protected from creditors?

Posted on 4/9/15 at 11:01 pm
Posted by tigerskin
Member since Nov 2004
40052 posts
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 by BestBanker
Member since Nov 2011
17474 posts
Posted on 4/9/15 at 11:08 pm to
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 by jeepfreak
Back in the BR
Member since Oct 2003
19433 posts
Posted on 4/10/15 at 12:08 pm to
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 by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 4/10/15 at 12:40 pm to
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.
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6545 posts
Posted on 4/10/15 at 4:13 pm to
Life insurance and annuities FTW.
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