Which government agency has jurisdiction over determining whether a transaction is a prohibited transaction?

Through an arrangement between the IRS and the Department of Labor (DOL), it is the DOL’s responsibility to determine whether a specific transaction is a prohibited transaction and to issue prohibited transaction exemptions. When the IRS discovers what appears to be a prohibited transaction in an individual’s IRA, it turns the matter over to the DOL to make the determination. The DOL reviews the situation and responds to the IRS, which in turn responds to the taxpayer. If the IRA grantor wants to apply for a prohibited transaction exemption, he or she must apply to the DOL. The DOL has the authority to issue prohibited transaction exemptions. Some, known as “prohibited transaction class exemptions” (PTCEs), are available for anyone’s reliance, while others, called “individual prohibited transaction exemptions” (PTEs), are issued only to the applicant.

Please contact one of our Self Directed IRA Experts at 800-472-0646 for more information.

Contact Us Today

Going Solo 401k The Checkbook IRA Turning Retirement Funds Into Start-Up Dreams In God We Trust - In Roth We Prosper

Solo 401k In A Nutshell self-Directed IRA In A Nutshell