Skip to main content

Disqualified persons — who counts and why

"Disqualified person" is the IRS's term for the people and entities your IRA cannot transact with

Disqualified persons — who counts and why

"Disqualified person" is the IRS's term for the people and entities your IRA cannot transact with — knowing exactly who is on that list is the single most important piece of knowledge for running a Self-Directed IRA without triggering a prohibited transaction.

Steps / Explanation

A disqualified person is any individual or entity that is prohibited from engaging in transactions with an IRA because of their relationship to the account holder. Disqualified persons include the IRA holder themselves, their spouse, ancestors (parents, grandparents), lineal descendants (children, grandchildren) and their spouses, and any entity in which a disqualified person owns 50% or more. Financial advisors and their firms may also qualify as disqualified persons in certain circumstances.

The full definition lives in Internal Revenue Code (IRC) Section 4975(e)(2). Because disqualified-person status is what makes a transaction "prohibited" under the related "Prohibited transactions — what they are and why they matter" rules, the list below is worth reading carefully before you direct your first investment.

The full list of disqualified persons

Under IRC §4975(e)(2), the following are disqualified persons with respect to your IRA:

  1. You, the IRA account holder — treated as a fiduciary of the account.

  2. Anyone providing services to the IRA — for example, a paid advisor, accountant, or manager working specifically on your IRA's behalf.

  3. Your spouse.

  4. Your ancestors — parents, grandparents, great-grandparents, and so on in a straight line up.

  5. Your lineal descendants — children, grandchildren, great-grandchildren, and so on in a straight line down.

  6. The spouses of your lineal descendants — your children-in-law and grandchildren-in-law.

  7. Any corporation, partnership, trust, or estate in which any combination of disqualified persons (in categories 1–6 above) owns 50% or more of the voting interest, profits interest, or beneficial interest.

  8. Officers, directors, highly compensated employees, and 10%-or-greater shareholders of any entity in category 7.

  9. 10%-or-greater partners or joint venturers of any entity in category 7.

Your Self-Directed IRA (SDIRA) at Retired.com must transact with people and entities outside this list.

Who is not a disqualified person (commonly missed)

A handful of relatives sit outside the disqualified-persons list. The IRS does not include:

  • Siblings (your brothers and sisters).

  • Aunts, uncles, and cousins.

  • In-laws other than spouses of lineal descendants — your spouse's parents, siblings, or cousins are not disqualified persons.

  • Stepchildren and step-grandchildren — though the IRS has taken varying positions here and the answer can depend on facts and circumstances. We recommend consulting a tax advisor or attorney for guidance specific to your situation.

  • Friends, coworkers, and business partners — unless ownership percentages drag them into category 7 or 8 above.

This matters because an IRA can, in principle, transact with non-disqualified relatives — for example, lending money (structured as an arm's-length investment) to a sibling's unrelated business can be permissible, where lending to a child's business would not be.

Why the 50% and 10% thresholds matter

The entity-ownership rules are where prohibited transactions most commonly go wrong. Two practical points:

  • The 50% test aggregates disqualified persons. If you own 30% of an LLC, your spouse owns 15%, and your child owns 10%, the combined disqualified-person ownership is 55% — and that LLC becomes a disqualified person with respect to your IRA, meaning your IRA cannot transact with it at all.

  • The 10% test sweeps in officers, directors, and minority owners of already-disqualified entities. If an LLC is disqualified under the 50% test, anyone who holds 10% or more of it — or sits on its board, or is a highly compensated employee — also becomes a disqualified person.

Before directing any investment that involves an entity in which you, your family, or your financial advisor holds a meaningful interest, walk through the ownership math carefully.

Fiduciaries and service providers

The fiduciary and service-provider categories deserve a separate note. A fiduciary includes anyone who exercises discretionary authority over your IRA's assets or its management. A service provider is anyone engaged to provide services to the IRA — an accountant doing IRA-specific tax work, for example, or an attorney drafting investment documents for the IRA.

Both categories are disqualified persons, which means those advisors cannot also transact with the IRA in a second capacity (for example, selling a property to the IRA they are also advising on). This is why professionals working on SDIRA investments structure their engagements carefully.

Common questions

Is my sibling a disqualified person?
No. Siblings are not on the IRC §4975(e)(2) list. Your IRA can, in principle, transact with a sibling at arm's length, though any underlying structure still needs to avoid benefiting you or another disqualified person personally.

What about my cousin, aunt, or uncle?
Also not disqualified persons. Only the straight up-and-down family line — ancestors, lineal descendants, their spouses, and your own spouse — is covered.

Does my financial advisor count as a disqualified person?
A paid advisor to your IRA can be a disqualified person in their fiduciary or service-provider capacity, and their firm can be pulled in under the 50% test. That is why advisors who are helping with IRA investments typically will not also take the other side of an IRA transaction.

If an entity starts out non-disqualified but later crosses the 50% threshold, what happens?
The moment the aggregated disqualified-person ownership reaches 50%, the entity becomes a disqualified person going forward. Any ongoing transactions between your IRA and that entity need to be reviewed, because a prohibited transaction can occur at any point the relationship is in place. We recommend consulting a tax advisor or attorney for guidance specific to your situation.


Need more support? Contact our Service team

Select "Start a Conversation" from the Chat menu or call us at 1-800-RETIRED

Did this answer your question?