IRC Code Sec 408m3

Internal Revenue Code Section 408(m)(3)

While certain metals may not be held in a solo 401k, pursuant to IRC 408(m)(3) many others are allowable provided they meet a specific quality or fineness.

Following is the section of IRC that discusses allowable solo 401k precious metals:

(3) Exception for certain coins and bullion. For purposes of this subsection, the term

“collectible” shall not include—

(A) any coin which is—

(i) a gold coin described in paragraph (7), (8), (9), or (10) of section 5112(a) of title 31, United States Code,

(ii) a silver coin described in section 5112(e) of title 31, United States Code,

(iii)a platinum coin described in section 5112(k) of title 31, United States Code, or

(iv)a coin issued under the laws of any State, or

(B) any gold, silver, platinum, or palladium bullion of a fineness equal to or exceeding the minimum fineness that a contract market (as described in section 7 of the Commodity Exchange Act, 7 U.S.C. 7) requires for metals which may be delivered in satisfaction of a regulated futures contract, if such bullion is in the physical possession of a trustee described under subsection (a) of this section.

 

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