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Gold IRA vs Keeping Your California 401(k)

Affiliate disclosure: Gold California may earn a commission when you open an account through links on this page. This never changes what you pay or what we write. We are not financial or tax advisors. Consult a licensed advisor before making retirement decisions.

Quick answer: A 401(k) and a gold IRA are two different containers for the same retirement dollars. The 401(k) holds stocks, bonds, and mutual funds picked by your employer, with the 2026 IRS contribution ceiling at $24,500 (plus $8,000 catch-up at age 50). A gold IRA holds IRS-approved physical bullion at a depository, with the 2026 IRA cap at $7,500 (plus $1,100 catch-up at 50). You can roll a 401(k) into a gold IRA tax-free with a direct rollover. You lose the age-55 separation carve-out, the public safety carve-out, and any 401(k) loan feature the moment the money leaves the plan. California stacks ordinary income tax up to 13.3% on every distribution from either account, plus a 2.5% additional tax on early withdrawals before 59.5.

Short on time? The essentials

  • The 2026 401(k) employee limit is $24,500, IRA limit is $7,500. 401(k) catch-up at 50 is $8,000, IRA catch-up is $1,100. 401(k) "super catch-up" at age 60 to 63 is $11,250 (source: IRS IR-2025-111, Nov 13, 2025).
  • You can move a 401(k) to a gold IRA tax-free via direct rollover. Plan-to-IRA direct rollovers have no withholding. A check made out to you triggers mandatory 20% federal withholding even if you plan to roll it later (source: IRS Rollovers page).
  • The IRS age-55 separation-from-service carve-out only works inside the 401(k) plan, not after a rollover into any IRA, including a gold IRA (source: IRS Topic 558).
  • The IRC 72(t)(10) public safety carve-out (age 50 or 25 years of service) is also plan-only and lost in a rollover.
  • An early gold IRA distribution before 59.5 stacks the 10% federal additional tax on top of ordinary income tax. California adds a 2.5% additional tax on Form FTB 3805P.
  • 401(k) plans usually offer mutual funds, target-date funds, employer stock, and sometimes a brokerage window. Gold IRAs hold only IRS-approved bullion meeting the IRC 408(m)(3) fineness rules.
  • 401(k) loans (up to $50,000 or 50% of vested balance per IRC 72(p)) disappear once the money rolls into an IRA. IRAs do not allow loans.
  • Same DFPI-regulated dealers sell both routes. A federal court ordered Red Rock Secured to pay over $56 million for selling retirees coins worth $30 million for $69 million (CFTC 8898-24, April 25, 2024).

California savers asking "gold IRA vs 401(k)" usually fall into one of two camps. The first is still contributing to a 401(k) at a current employer and wonders whether to redirect contributions toward physical gold. The second left an employer and is deciding whether to leave the 401(k) where it is or roll it into a self-directed gold IRA. The two questions have different answers, and confusing them costs money.

This page walks through every legal, tax, and operational difference that matters in California, with every figure cited to its primary source. It does not advise you to pick either side. It gives you the facts to choose, plus the rules that bite if you do not.

401(k) vs gold IRA at a glance

The two accounts use different rules, hold different assets, and tax differently on the way out. The summary below frames the comparison. Each row has its own section further down.

California 401(k) vs gold IRA, key differences
Feature401(k) (kept in plan)Gold IRA (after rollover)
2026 contribution limit (under 50)$24,500 per year (employee deferral)$7,500 per year (all IRA combined)
2026 catch-up at age 50+$8,000, total $32,500$1,100, total $8,600
2026 super catch-up at age 60 to 63$11,250, total $35,750None; same $8,600 cap
What you can holdPlan menu: mutual funds, target-date funds, sometimes employer stock or a brokerage windowIRS-approved bullion meeting IRC 408(m)(3) fineness only; no stocks, no funds
Employer matchYes, if the plan offers oneNone
Plan loans (up to $50,000)Allowed under IRC 72(p) if the plan permitsNot allowed in any IRA
Age-55 separation carve-outAvailable if you separate at 55 or later (50 for qualified public safety)Lost on rollover, even to a gold IRA
Federal early-withdrawal tax under 59.510% under IRC 72(t), unless an exception applies10% under IRC 72(t), with fewer exceptions
California additional tax under 59.52.5% on Form FTB 3805P2.5% on Form FTB 3805P
Federal tax on distribution after 59.5Ordinary income up to 37%Ordinary income up to 37%
California income tax on distributionUp to 13.3% on the full distributionUp to 13.3% on the full distribution
Required Minimum Distribution age73 if born 1951 to 1959; 75 if born 1960 or later (SECURE 2.0)Same; SECURE 2.0 applies to traditional IRAs
Annual feesPlan recordkeeping plus fund expense ratiosCustodian fee, storage fee, and dealer spread on every trade
Funded from another 401(k) or IRAMost plans accept rollovers inDirect rollover from a 401(k) is tax-free

Sources: IRS IR-2025-111 (Nov 13, 2025); IRS Topic 558; IRS Pub 590-B; IRC Sections 72(t), 72(p), 408(m), 401(k); FTB Form 3805P 2024 Instructions; SECURE 2.0 Act of 2022. Checked June 2026.

2026 contribution limits compared

Reading the limits side by side makes one structural truth obvious. A 401(k) lets you put roughly three to four times more in than an IRA every year, and the gold IRA wrapper does not change that ceiling.

For tax year 2026, the IRS confirmed the figures below in news release IR-2025-111 dated November 13, 2025. The 401(k) elective deferral limit is $24,500, up from $23,500 in 2025. The IRA contribution limit is $7,500, up from $7,000.

The 401(k) catch-up at age 50 and over is $8,000, up from $7,500. The IRA catch-up at age 50 and over is $1,100, up from $1,000. The SECURE 2.0 "super catch-up" for employees aged 60, 61, 62, and 63 remains $11,250 inside a 401(k) only.

Bar chart comparing 2026 IRS contribution limits between a 401(k) and an IRA (including a gold IRA) across three age tiers: under 50, 50-59, and 60-63. The 401(k) bar is much taller in every tier.
Source: IRS IR-2025-111, Nov 13, 2025. Limits apply to traditional and gold IRAs alike.

Can you roll your account into a gold IRA? California eligibility checker

Most retirement money can move into a gold IRA once it is an eligible rollover distribution. Pick your account and situation for a general answer. Always confirm the specifics with your plan administrator or custodian.

General guidance only, not tax or financial advice. Eligibility depends on your specific plan document and IRS rules; confirm with your plan administrator and a tax advisor. A direct trustee-to-trustee transfer avoids the 60-day rule and 20% withholding.

Picking a company that explains every fee up front is the first step. Get the free gold IRA company checklist.

The practical reading is short. If you are still working at the sponsoring employer, capture the full 401(k) match first. Most plans block in-service rollovers before age 59.5, so the gold IRA question rarely applies yet. After you separate, the question becomes the rollover decision: keep the 401(k) where it is, or move it.

Direct rollover vs the 60-day trap

If you decide to move money from a 401(k) to a gold IRA, the IRS gives you two paths. They look similar from the outside. They tax very differently if you pick the wrong one.

Direct rollover (trustee to trustee)

The 401(k) plan administrator sends the funds straight to the receiving gold IRA custodian. The check is made payable to the new custodian, not to you. No withholding applies. The full pre-tax balance lands in the IRA, and there is no taxable event. The IRS lists this as the recommended path for any plan-to-IRA move (source: IRS, Rollovers of Retirement Plan and IRA Distributions).

60-day (indirect) rollover

The plan sends the check to you. By law, the plan must withhold 20% for federal taxes, even if you plan to roll the money over within 60 days. To complete a full rollover, you must deposit the entire pre-withholding amount into the IRA from other funds within 60 days.

If you only deposit the 80% that arrived, the missing 20% counts as a taxable distribution. Under 59.5 it also triggers the 10% federal additional tax and 2.5% California additional tax on that 20% slice.

The IRS makes this point directly. From the Rollovers page: "A retirement plan distribution paid to you is subject to mandatory withholding of 20%, even if you intend to roll it over later. Withholding does not apply if you roll over the amount directly to another retirement plan or to an IRA." This is the single most common rollover error retirees make, and it almost always wastes money.

One more rule applies inside the IRA world. Under IRC 408(d)(3)(B) and the 2014 Bobrow Tax Court case, you are limited to one IRA-to-IRA 60-day rollover in any 12-month period. The limit does not apply to direct trustee-to-trustee transfers and does not apply to the original plan-to-IRA rollover.

Carve-outs you lose when rolling out

The IRS gives 401(k) participants a handful of breaks that vanish the moment the money lands in any IRA, including a gold IRA. Knowing what you give up matters more for retirees than the rollover paperwork itself.

The age-55 separation carve-out (plan only)

If you separate from your employer in or after the year you turn 55, IRS Topic 558 lets you take distributions from that 401(k) without the 10% federal additional tax. The carve-out is plan-only. Roll the same balance into an IRA at age 56 and the next withdrawal owes the 10% federal additional tax (and 2.5% California additional tax) until you reach 59.5 (source: IRS Topic 558).

For California savers who separated at 55, 56, or 57 with a balance they may need before 59.5, this is the single strongest reason to leave money in the 401(k). Roll it into a gold IRA and you have moved the floor of your access by several years.

The IRC 72(t)(10) public safety carve-out (plan only)

Qualified public safety employees (police, firefighters, paramedics, and certain corrections officers) can use a more favorable age trigger: separation in or after the year they turn 50, or after 25 years of service. The carve-out is plan-only. Roll the money into an IRA and the 50-year-old retiree is back under the standard 59.5 rule (source: IRC 72(t)(10), summarized in IRS Pub 575).

California conforms to this exception on Form FTB 3805P. From the instructions: California conforms to the federal exception for "qualified distributions made after August 17, 2006, to public safety employees after separation from service after age 50" (source: FTB Form 3805P 2024 Instructions). A police or fire retiree rolling out of CalPERS or CalSTRS at 51 gives up a real benefit.

401(k) loans (no IRA equivalent)

Many 401(k) plans permit loans up to $50,000 or 50% of the vested balance, repayable over five years under IRC 72(p). IRAs do not allow loans of any kind. Rolling into a gold IRA closes the loan door forever on that balance. If you ever expect to need an emergency liquidity bridge against retirement assets, the 401(k) is the only one of these two accounts that offers it.

The California tax layer on each account

California adds its own income tax to distributions from both accounts in the same way. The mechanics are identical: California treats every distribution as ordinary income, with no preferential rate for capital gains and no special bracket for retirement income.

The Franchise Tax Board is explicit on the capital-gains point: "California does not have a lower rate for capital gains. All capital gains are taxed as ordinary income" (source: FTB, Capital gains and losses). State brackets run 1% to 12.3%, plus a 1% Mental Health Services Tax on taxable income over $1 million, for a 13.3% top rate.

The early-withdrawal stack under 59.5

A distribution before age 59.5 from either account, with no qualifying exception, stacks two additional taxes on top of regular income tax. The federal additional tax is 10% under IRC 72(t). California adds 2.5% on Form FTB 3805P. The stacked rate is 12.5% just for being early, before any income tax even applies.

The FTB form is the single authoritative source for the California layer. From the 2024 instructions: "The portion of the early distribution that is included in income is subject to an additional 2.5% tax." That is the California penalty California savers owe to the FTB at filing, separate from the federal 10% they owe the IRS. See the California early-withdrawal penalty page for the worked numbers.

Exceptions California honors and the ones it does not

California conforms to most federal exceptions, but not all. The post-2006 public safety carve-out (age 50 separation) is honored. Federal qualified recovery assistance distributions get no California conformity. Roth IRA conversions follow the same five-year rule federally and in California.

Consult your tax advisor for your specific situation. The exception list runs longer than this section, and individual facts matter: disability, medical expenses above an income threshold, qualified domestic relations orders, and first-time homebuyer rules all have their own federal-versus-California treatment.

This is where the two accounts diverge most sharply. A 401(k) and a gold IRA do not hold the same kinds of assets at all.

Most large 401(k) plans offer 15 to 30 mutual funds chosen by the employer's plan committee. The lineup usually includes target-date funds, broad-market index funds, a bond fund or two, an international fund, sometimes employer stock, and occasionally a self-directed brokerage window. The employer's plan document dictates the menu. You cannot add holdings outside it.

Two California state plans illustrate the typical menu shape. CalSavers (the state auto-IRA program for private-sector workers) offers a default target-date fund plus a small handful of core funds (source: CalSavers employer program details). Savings Plus, the 401(k) and 457(b) for California state employees, offers a curated lineup of low-cost index funds and target-date funds.

A self-directed gold IRA can only hold IRS-approved bullion meeting the IRC 408(m)(3) fineness standards. Gold must be at least 0.995 fine, silver 0.999, platinum and palladium 0.9995. Specifically enumerated American Eagle coins also qualify. No mutual funds, no ETFs, no stocks, no bonds. The metal must sit in physical possession of an IRS-approved trustee (source: Cornell LII, IRC Section 408).

The IRS Issue Snapshot is direct. Acquiring a collectible inside a self-directed retirement account "is treated as an immediate distribution from such account in an amount equal to the cost to the plan of such collectible" (source: IRS, Investments in Collectibles). Taking IRA metal home is a deemed distribution, taxed and possibly penalized.

This is the structural choice. The 401(k) gives you diversified financial assets and a match; the gold IRA gives you a single asset class with a fineness rule and a depository. Past performance is not a guarantee of future results, and neither account is designed to offset any particular risk. Each is a container for an asset class you may or may not want.

Fees, loans, and liquidity

The cost profiles are very different. A typical California 401(k) charges a recordkeeping fee (often 0.10% to 0.50% annually depending on plan size) plus the expense ratio on each fund (often 0.03% to 0.50% for index funds, more for active funds). Plan loans cost a small origination fee plus interest paid back into your own account.

A self-directed gold IRA layers four cost lines. There is a one-time setup fee at the custodian, an annual custodian fee, an annual storage fee paid to the depository, and the dealer spread on every buy and sell. The dealer spread is usually the largest lifetime cost and often the least clearly disclosed. See is a gold IRA worth it in California for a 10-year fee model on a $100,000 account.

Liquidity is asymmetric. A 401(k) participant can usually sell a fund holding online in seconds, redirect contributions, or take a plan loan within days. Selling from a gold IRA means instructing the custodian to liquidate, accepting the dealer's bid, then receiving the distribution; the mechanics take days or weeks. Plan loans do not exist in the IRA at all.

RMDs, employer match, and rule of 55

Three more rules separate the two accounts in retirement.

Required Minimum Distributions

SECURE 2.0 raised the RMD age in two steps. For those born 1951 through 1959, the RMD age is 73. For those born 1960 or later, it becomes 75 starting in 2033. Traditional IRAs and most 401(k)s follow the same age.

One narrow 401(k) carve-out matters here. The "still working exception" lets a non-5% owner still employed by the plan sponsor delay 401(k) RMDs until separation. That exception does not apply to any IRA, including a gold IRA. Rolling a 401(k) into a gold IRA at 73 while still working forfeits the delay.

Employer match

The 401(k) match, where offered, is the single largest free-money feature in the U.S. retirement system. The IRA has no equivalent. Anyone redirecting current 401(k) contributions to fund a gold IRA out of pocket should price the match they would forgo. A 50% match on the first 6% of pay is a 50% pre-tax return on that contribution before any market movement.

Rule of 55 and public safety carve-out (recap)

Covered above in the carve-outs section. Both are 401(k)-only and lost on rollover to an IRA. They are the most expensive thing to give up if you separate between 50 and 59.5 and may need the money.

Inheritance differences for California families

Neither account gets the IRC 1014 step-up basis that personal property enjoys at death. That is the cost shared by every pre-tax retirement account, and a gold IRA does not change it.

For non-spouse beneficiaries, the SECURE Act 10-year rule applies to most inherited 401(k) and IRA balances. The account must usually be drained within 10 years of the original owner's death. Ordinary income tax is owed on every distribution along the way.

Some 401(k) plans force a faster payout under their own plan rules (the IRS sets a 10-year ceiling, not a floor). An inherited gold IRA usually offers more flexibility on the timing of those 10 years, but the total tax owed is the same.

Spousal beneficiaries have more options on both accounts. A surviving spouse can typically roll the inherited 401(k) or IRA into their own account and treat it as their own, restarting RMD timing. For California families with substantial retirement balances, an estate attorney can model the timing differences before the rollover decision is final.

Scam exposure on the rollover route

Rolling money from a 401(k) into a gold IRA exposes you to a part of the precious metals industry that 401(k) participants never touch. The mainstream 401(k) menu sits behind a plan committee and ERISA. Self-directed IRAs have neither.

In one federal case, a California-based dealer was ordered to pay over $56 million. The CFTC release (8898-24) found that Red Rock Secured "convinced at least 950 people to pay over $69 million" for silver and gold Canadian Red-Tailed Hawk coins worth only $30 million. Mark-ups ran between 91.89% and 129.97% over the dealer's cost to acquire the coins.

Most of those customers used tax-deferred or other retirement funds to buy the coins from Red Rock (source: CFTC release 8898-24, April 25, 2024). The California DFPI and Hawaii securities regulators were co-plaintiffs.

The pattern repeats often enough that the CFTC publishes a Precious Metals Fraud Advisory. The pitch nearly always pushes high-markup "premium" or "rare" coins over common bullion. Numismatic, proof, and limited-mintage coins are the usual labels.

The pricing depends on the customer not knowing the spot price minus a reasonable dealer fee. Common bullion (American Gold Eagle, Canadian Gold Maple Leaf, generic gold bars) trades at small markups over spot. Anything above 20% over spot deserves a closer look. The California Department of Financial Protection and Innovation accepts complaints online (source: DFPI Submit a Complaint).

Five questions before you decide

The choice between keeping a California 401(k) and rolling it to a gold IRA rarely turns on one factor alone. Five questions decide it for most savers. Walk through them in order.

  1. Are you still working at the employer sponsoring the 401(k)? If yes, the rollover question is usually moot: most plans do not permit in-service rollovers before age 59.5. Focus on capturing the full match first. If you have already separated, the rollover door is open.
  2. How old were you when you separated? If you separated at 55 or later (50 or later for qualified public safety), the IRS age-55 carve-out lets you take 401(k) distributions without the 10% federal additional tax. Roll the money into a gold IRA and you lose that carve-out until 59.5.
  3. Will you need to borrow against this balance? 401(k) plans usually allow loans up to $50,000 under IRC 72(p). Gold IRAs allow no loans. If a future liquidity bridge matters to your household plan, the 401(k) keeps that option open.
  4. How important is the employer match? Active 401(k) contributions with a match are a high-priority dollar that no rollover can replicate. If you stop contributing to chase a gold IRA elsewhere, price the forgone match honestly.
  5. Do you specifically want physical bullion exposure inside a retirement account? A 401(k) cannot hold IRS-approved bullion directly. If physical gold exposure inside the retirement wrapper is the goal, the gold IRA is the legal route. If gold-mining stocks or a gold ETF inside the plan menu would satisfy you, no rollover is needed.

The five answers form a profile, not a single score. A 56-year-old who just retired from a fire department leans toward keeping at least part of the balance in the 401(k) to preserve the age-50 carve-out. A 62-year-old who left a software company a decade ago and never intends to borrow against the balance has a much cleaner case for the rollover. Consult your tax advisor for your specific situation.

Worked example: a $200,000 California 401(k)

The example deliberately ignores fees, asset returns, and any value she might place on the underlying gold exposure. The point is narrower. The 10% federal and 2.5% California additional taxes are the largest legal cliff between the two accounts, and they only matter if you actually need money between 55 and 59.5. After 59.5, the federal early-tax disappears for both accounts, and the comparison turns on fees, investment menu, and inheritance.

When each route is a bad idea

An honest comparison names the bad cases too. Neither route is universally right.

When rolling a 401(k) into a gold IRA is the wrong call

  • You separated at 55, 56, 57, or 58 and may need the money before 59.5. The IRS age-55 carve-out is lost on rollover. The 10% federal plus 2.5% California additional taxes apply to early IRA distributions that would have been carve-out-exempt in the plan.
  • You are qualified public safety and separated at 50 or later. Same story, sharper edges. The IRC 72(t)(10) carve-out is plan-only.
  • Your 401(k) plan offers a strong stable-value or institutional share class you would lose access to. Some large California plans (CalPERS Supplemental Income 457, Savings Plus, large corporate plans) hold institutional fund share classes with expense ratios you cannot reproduce in a retail IRA. Compute the difference before rolling.
  • You expect to use a 401(k) loan as an emergency bridge. Once the money is in any IRA, no loan is possible.
  • The balance is small enough that fixed-dollar gold IRA custodian and storage fees will eat several percent per year. Small balances suffer worst from those fees.

When keeping a 401(k) is the wrong call

  • The plan has high recordkeeping fees, limited fund choices, or company stock concentration risk. Some older plans charge 1% or more in combined administrative and fund costs. A self-directed IRA (gold or traditional) often lowers fees if you pick a low-cost custodian.
  • The employer is being acquired, dissolved, or undergoing a plan change you do not trust. Forced distributions and plan terminations create their own timing problems.
  • You specifically want IRS-approved physical bullion exposure in a retirement wrapper. No 401(k) holds bullion. Only a self-directed IRA does.
  • You are past 59.5 and want consolidated record-keeping across all your retirement assets. The 10% federal and 2.5% California early-tax penalty cliff is no longer a factor. The rollover becomes an administrative choice rather than a legal one.

If you recognize yourself in more than one entry above, slow down. The trade-offs resolve differently for different households. We are not financial advisors, and a licensed advisor can model your specific numbers cleanly in an hour.

Gold IRA vs 401(k), questions answered

Can I roll my 401(k) directly into a gold IRA?

Yes, if you have separated from the employer sponsoring the plan (or your plan permits in-service distributions, usually only after 59.5). The IRS recommends a direct trustee-to-trustee rollover, where the check is made payable to the new gold IRA custodian rather than to you. That path avoids the mandatory 20% federal withholding that applies to indirect 60-day rollovers from a retirement plan (source: IRS Rollovers page).

Do I owe California tax when I roll a 401(k) into a gold IRA?

No, if the rollover is a direct trustee-to-trustee transfer to a traditional gold IRA. The rollover is not a distribution, so there is no California taxable income event. The risk is the indirect path: if you receive a check made payable to you and fail to redeposit the full pre-withholding amount within 60 days, the missing portion becomes taxable. It may also owe the 2.5% California additional tax under 59.5. Consult your tax advisor for your specific situation.

Does the rule of 55 work after I roll my 401(k) into a gold IRA?

No. The IRS "age-55 separation from service" carve-out from the 10% federal additional tax (Topic 558) is plan-only. Once the balance moves into any IRA, including a gold IRA, the standard 59.5 age rule reapplies. California's 2.5% additional tax follows the same rule and is also lost on rollover. This is the single most important carve-out California savers between 55 and 59.5 should know before rolling out.

Can a 401(k) hold physical gold directly?

Almost never. A 401(k) plan menu is set by the employer's plan committee and usually limits holdings to mutual funds, target-date funds, employer stock, and sometimes a brokerage window. Even brokerage windows generally do not allow direct purchase of physical bullion (they may allow gold ETFs or mining stocks). To hold IRS-approved physical bullion inside a retirement account, the legal route is a self-directed gold IRA meeting the IRC 408(m)(3) fineness rules.

What happens to a 401(k) loan if I roll the balance into a gold IRA?

An outstanding 401(k) loan must usually be repaid in full before, or shortly after, rollover. Plans typically give departing employees a deadline (often the federal tax filing deadline of the year of separation, including extensions, under post-2017 rules). If the loan is not repaid, the unpaid balance becomes a deemed distribution. It is ordinary income, and under 59.5 it triggers the 10% federal additional tax and 2.5% California additional tax.

Will a gold IRA give me a better return than my 401(k)?

Nobody can accurately predict where prices will go in the future, and past performance is not a guarantee of future results. The two accounts hold different asset classes, with different historical patterns. A gold IRA holds a single commodity. A 401(k) typically holds diversified equities and bonds. The fees, the carve-outs, and the inheritance rules differ as covered above. The right comparison is structural, not performance-based, and best modeled with a licensed advisor for your situation.

Do RMDs apply to a gold IRA the same way they do to a 401(k)?

Largely yes. Both follow the SECURE 2.0 RMD age (73 for those born 1951 to 1959; 75 for those born 1960 or later, starting in 2033). One narrow 401(k) advantage: the "still working exception" lets a non-5% owner still employed by the plan sponsor delay 401(k) RMDs until separation. The exception does not apply to any IRA, including a gold IRA. Roth IRAs have no lifetime RMDs at all; SECURE 2.0 also eliminated RMDs from Roth 401(k)s starting in 2024.

Are gold IRAs regulated by the same agencies as 401(k)s?

Not the same way. A 401(k) is an ERISA plan supervised by the Department of Labor and the IRS. A plan committee owes fiduciary duties to participants. A self-directed gold IRA is a retail product. The IRA custodian is regulated, but the dealer who sells the metal usually is not subject to the same fiduciary duty.

In California, the Department of Financial Protection and Innovation (DFPI) regulates many financial-service providers and accepts consumer complaints. The CFTC and SEC also bring enforcement actions against precious metals firms, as the Red Rock Secured case shows.

Sources

  1. IRS News Release IR-2025-111 (Nov 13, 2025), 2026 retirement plan contribution limits. Checked June 2026.
  2. IRS, Rollovers of Retirement Plan and IRA Distributions. Checked June 2026.
  3. IRS, Topic No. 558, Additional Tax on Early Distributions from Retirement Plans Other Than IRAs. Checked June 2026.
  4. IRS, Publication 590-B, Distributions from Individual Retirement Arrangements. Checked June 2026.
  5. Cornell Legal Information Institute, 26 U.S.C. Section 408 (IRA rules and Section 408(m) collectibles). Checked June 2026.
  6. Cornell Legal Information Institute, 26 U.S.C. Section 72 (annuities, including 72(p) plan loans and 72(t) early-distribution tax). Checked June 2026.
  7. IRS, Investments in Collectibles in Individually Directed Qualified Plan Accounts (Issue Snapshot). Checked June 2026.
  8. California Franchise Tax Board, 2024 Instructions for Form FTB 3805P, Additional Taxes on Qualified Plans (Including IRAs). Checked June 2026.
  9. California Franchise Tax Board, Capital gains and losses. Checked June 2026.
  10. CalSavers, Employer Program Details. Checked June 2026.
  11. U.S. Commodity Futures Trading Commission, Release 8898-24 (Red Rock Secured consent order, April 25, 2024). Checked June 2026.
  12. California Department of Financial Protection and Innovation, Submit a Complaint. Checked June 2026.
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