That’s useful. If you assign a 1 in 67 to 1 in 200 odds of government confiscation of third party held bitcoin, then this IRA makes sense (roll over vs. newly bought). Or I should say when you feel probability of such confiscation reaches that high it definitely makes sense.

I need to ask them about putting bitcoin into ira directly (in kind). Because this way I can get tax discounts for declaring ownership of some coin…I have fully KYC’d coins I could do this without losing privacy (since I never had it on those coins).

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i know on their website unchained says they accept inkind rollovers of ira btc, but i have heard people on nostr say that swan “wouldn’t” send the transfer in their end, makes them cash it out to roll over, so probably a fine print thing with different companies

Definitely worth reading small print. Very very very few people already have actual bitcoin in an IRA. Self custody gold IRA holders have gone to court for the theoretical crime of giving themselves the ability to undetectably spend IRA gold without government being able to detect/prosecute with pre-collected evidence.

My understanding is that the law/irs regulation doesn’t permit these IRAs explicitly, in fact, it prohibits them, but the only valid goal of the law is really about being able to prove innocence of a crime…until bitcoin, this couldn’t be done and language of law is vague/incomplete/inappropriate in the bitcoin era. Eventually law/rule will get rewritten to properly reflect the limits the people have granted to government authority.

i forget the exact case, but when i was doing my initial research, there was a SCOTUS case a few years back which ruled that the IRA institutional holding 1 key met the “custodial requirements” for all laws pertaining to IRA custodians.

unchained files all the paperwork, they are the legal “custodian” of the ira, if you moved the coins, they would legally be required to report it, and you would have subject to all early withdrawal penalties

or a federal district court, i forget

they play the IRA legaleze, and u just sit back having control over 2 keys in a 2/3 multisig