IRS Rules · 1970

Gold IRA Rules 1970: IRS Code, SECURE 2.0, and What Changed

The complete 1970 rule set for Gold IRAs — IRC § 408(m) purity standards, depository requirements, RMD age 73, SECURE 2.0 changes, and the 60-day rollover rule.

Last updated: April 2026
Reviewed by Gold IRA Blueprint Editorial TeamLast updated

Quick Answer

Gold IRAs are governed by IRC § 408(m). Eligible metals: gold ≥99.5%, silver ≥99.9%, platinum/palladium ≥99.95% (American Gold Eagles are an explicit statutory exception). Storage must be at an IRS-approved depository — home storage triggers a deemed distribution. RMD age is 73 under SECURE 2.0.

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1970 Gold IRA Rule Reference

Eligible metals (IRC § 408(m)(3)). Gold ≥99.5% pure, silver ≥99.9%, platinum and palladium ≥99.95%. Statutory exception: American Gold Eagles, which are 91.67% pure but explicitly permitted.

Storage. Bullion must be in physical custody of an IRS-approved depository. Home storage was definitively rejected in McNulty v. Commissioner (Tax Court, 2021).

Custodian. The IRA must be held by a qualified, regulated trustee (a state-chartered trust company, federally chartered bank, or IRS-approved non-bank trustee).

RMDs. Required Minimum Distributions begin at age 73. Roth IRAs (including Roth Gold IRAs) have no lifetime RMDs.

60-day rollover. If you receive a distribution check, you have 60 days to deposit it elsewhere or owe income tax + 10% penalty (under 59½). Direct trustee-to-trustee transfers don't trigger the 60-day window — that's why nearly every Gold IRA rollover is structured this way.

SECURE 2.0 changes most relevant to Gold IRA holders: RMD age $73 now / 75 in 2033; Roth catch-up requirement for high earners; tightened beneficiary distribution rules.

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Frequently Asked Questions — Gold IRA Rules 1970

Quick answers to the adjacent questions 1970 retirement savers ask alongside this one.

Are Gold IRAs IRS-approved?

Yes — IRC § 408(m)(3) explicitly permits IRAs to hold gold (≥99.5% pure), silver (≥99.9%), platinum (≥99.95%), and palladium (≥99.95%).

What gold coins are IRA-eligible?

American Gold Eagle (statutory exception, 91.67% pure), American Gold Buffalo, Canadian Gold Maple Leaf, Australian Gold Kangaroo, Austrian Philharmonic, and most ≥99.5% pure bullion bars from approved refiners.

Can I store Gold IRA metals at home?

No. McNulty v. Commissioner (2021) reaffirmed that home storage is a deemed distribution. Bullion must stay at an IRS-approved depository until distribution.

Why home storage is illegal

Are Gold IRAs FDIC insured?

No — FDIC insures bank deposits, not bullion. Depositories carry their own insurance (Lloyd's of London policies are standard, $1B+ coverage).

Can I take physical possession of my Gold IRA gold?

Yes, via in-kind distribution at age 59½+. The metals are valued at fair market value on the distribution date and taxed as ordinary income.

Prohibited transactions inside a Gold IRA?

Self-dealing (buying from yourself or a family member's business), pledging the IRA as loan collateral, and personal use of the metals all disqualify the entire IRA — instant deemed distribution.

Inherited Gold IRA rules under SECURE 2.0?

Spousal beneficiaries can roll into their own IRA. Most non-spouse beneficiaries must drain the inherited IRA within 10 years. RMDs may apply within the 10-year window depending on the original owner's age.

Roth Gold IRA 5-year rule?

Earnings are tax-free only if 5 years have passed since your first Roth IRA contribution AND you're 59½+. Conversions have a separate 5-year clock.

Can I contribute foreign coins to a Gold IRA?

Most non-US sovereign coins qualify if ≥99.5% pure. The American Eagle is the named statutory exception that allows 91.67% purity.

What if my Gold IRA custodian goes bankrupt?

Your bullion is segregated from the custodian's assets and remains your property. The depository or another custodian can take over administration; the metals themselves are unaffected.

Key Terms & Related Concepts

The vocabulary every Gold IRA decision touches — IRS regulations, custody, tax treatment, and adjacent retirement concepts.

Self-Directed IRA (SDIRA)
An IRA structured to hold alternative assets including precious metals. Same federal contribution limits as a regular IRA but the custodian permits a wider asset menu.
Custodian
An IRS-approved trust company that holds title to your IRA assets. Required for every Gold IRA — you can't be your own custodian.
Depository
An IRS-approved facility that physically stores your Gold IRA bullion. Most common: Delaware Depository, Brink's, Texas Bullion Depository.
Trustee-to-trustee transfer
Direct movement of funds from one IRA custodian to another with no check made payable to you — tax-free and unlimited under IRC § 408(d)(3).
IRC § 408(m)(3)
The federal statute that permits IRAs to hold gold (≥99.5% pure), silver (≥99.9%), platinum, and palladium meeting purity requirements.
Spot price
The live market price for one troy ounce of pure gold or silver. IRA-grade coins typically trade 3–8% above spot to cover minting and dealer margin.
SECURE 2.0 Act (2022)
Federal law that raised RMD age to 73 (rising to 75 in 2033), tightened beneficiary 10-year drain rules, and added Roth catch-up requirements for high earners.
Required Minimum Distribution (RMD)
The annual amount you must withdraw from a Traditional Gold IRA starting at age 73 under SECURE 2.0. Roth IRAs have no lifetime RMDs. Free RMD calculator
60-day rollover rule
If you take physical receipt of retirement funds, you have 60 days to deposit them into a qualifying IRA or owe income tax + 10% penalty under 59½.
5-year Roth rule
Earnings on a Roth Gold IRA are tax-free only if 5 tax years have passed since your first Roth contribution AND you're 59½+. Conversions have a separate 5-year clock.
In-kind distribution
Taking physical possession of your Gold IRA bullion as a distribution. Taxed as ordinary income at fair market value on the distribution date.
Backdoor Roth
Strategy for high earners above Roth income limits — contribute to a Traditional IRA (non-deductible) then convert to Roth. Available for Gold IRAs too.

Sources & References

  • IRS Publication 590-A and 590-B — IRA contribution and distribution rules
  • IRC § 408(m)(3) — IRS-approved precious metals for IRAs
  • IRS Notice 2024-80 and subsequent — annual COLA limit announcements
  • SECURE Act 2.0 of 2022 — RMD age and Roth catch-up provisions
  • BBB, Trustpilot, and Money.com / CNBC Select — company review aggregation

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