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Gold $1339.7 -14.5
Silver $16.56 -0.21
Talk to a representative: 855-242-4121

Attorney Opinion Letters

Is it Legal to Store IRA Precious Metals in a U.S. Bank Safe Deposit Box?

Investing in precious metals and securing your future is an important step toward your retirement. We take our role in helping you very seriously, and we want to assure you we do not take this question lightly. As a company, we are in the habit of being very transparent with our customers about their investments. For more than 40 years, the Nuriani family has thrived in the gold and silver business because we consciously engage in values-based business practices that show respect and concern for our customers—as if they were family. 

That is why we have asked several attorneys to provide opinions on the question of precious metals storage. They have provided attorney opinion letters validating the structure of the Augusta® Home Delivery™ Gold IRA. HOWEVER, it is important you recognize that the IRS has not offered clear guidance on the legality of home delivery or home or safe deposit box storage of American Eagle Coins and other precious metals, and until it does, the attorneys we consulted believe it is wiser to store precious metals held within an IRA in a bank safe deposit box in the name of the LLC, and that you fully understand the risks associated with such storage before proceeding. Because we believe in complete transparency, we have posted those attorney opinion letters for you to see (below). 

Please note, these letters were prepared solely for Augusta, and sharing them with you in no way creates an attorney-client relationship between you and any of these attorneys. As with all speculative investments, there is a degree of risk involved. It is important to consult with your own legal, tax, and investment professionals prior to opening an Augusta Home Delivery Gold IRA to ensure you fully understand the risks associated with it. 

Attorney Opinion Letters Provided to Augusta

Michael Dallo

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Gordon Law Group

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Dawn Delia

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Chris Johnson

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Venar Ayar

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Cyrus Sanai

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Meredith L. Schantz

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Phillip Schreffler

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If Many Tax Attorneys and CPAs Validate the Home Delivery Gold IRA Structure, Why Doesn't Everybody Have One?

As mentioned earlier, the IRS has not provided clear guidance on this structure, and until it does, the attorneys we consulted believe it is wiser to store precious metals in a bank safe deposit box in the name of the LLC, and it is important to understand the risks associated with such storage before proceeding. With control comes responsibility. You, as the owner of the IRA, must observe strict rules when handling the IRA precious metals. If the IRS or a tax court finds this structure to trigger a prohibited transaction or to otherwise not comply with the tax code, or if you fail to follow strict rules on handling the precious metals, the result could be a distribution of your IRA--and that can have serious tax consequences.

To move ahead confidently with the opening of an Augusta Home Delivery Gold IRA, it is very important that you consult with your own legal, tax and investment professionals, so you can fully understand the risks. Not every investor is comfortable with these risks. Those clients who have chosen the home delivery gold IRA are aware of and comfortable with the risks, and many of them believe it is even riskier to keep their IRA invested in the stock market or in other assets that are not close to home and difficult to reach in a crisis.

If you would rather not store your gold or silver in a safe deposit box in the name of the LLC, you can choose the Augusta® Gold IRA, a physical gold or silver IRA you can SEE, TOUCH & HOLD®. With this type of physical gold or silver IRA, your gold is stored in a highly-secure, non-government, threat-averse, insured private facility. With this option, you have a choice of locations, and the gold is then sent directly to the facility you choose, where you can get it fast in any disaster.

At Augusta, as trusted providers of the Augusta Home Delivery Gold IRA, we believe in full disclosure to you and all of our customers. We want to make sure you understand all of the details. That's why we have gone out of our way to consult with multiple attorneys on this subject, and why we strongly recommend that you consult your own tax and legal professionals.

Why do we place such an emphasis on disclosing to you the potential risks involved? Again, it all goes back to our values-based business practices and the fact that the Nuriani family—the builders of Augusta—have thrived in the gold and silver business for more than 40 years due to this philosophy. Quite simply, we follow the Golden Rule: Treat people the way you want to be treated. To us, that means treating you like family.

With an Augusta® Home Delivery Gold IRA,
Get Control of Your Retirement Investments – Finally. It’s Your Money!
Talk to an Augusta Home Delivery Gold IRA expert today!
Call 855-242-4121.

Or fill out the contact form here, and we’ll contact you when you tell us it's most convenient.

Michael Dallo, CPA, JD, LL.M. is a tax attorney and certified public accountant (CPA) of Dallo Law Group, a Professional Corporation. For over 10 years, Michael has zealously represented hundreds of clients in resolving tax disputes with the Internal Revenue Service and California taxing agencies, as well as developing sound tax positions and arguments to minimize their federal and state tax liability.

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