Internal Revenue Code Section 408: Fill & Download for Free

Short answer:You cannot have an IRA without a custodian. This applies to all IRAs, whether or not they are self-directed, and regardless of what the IRA invests in.An IRA actually is a trust, so it doesn't make sense to ask if you can have an IRA without a trust. You should read my answer to the question, What is a Self-Directed IRA?Long answer:An Individual Retirement Account (IRA) is a type of savings account that has special tax benefits. In order to get the tax benefits, the IRA must conform to a number of special restrictions that are defined in Section 408 of the Internal Revenue Code (affectionately referred to by tax practitioners simply as the "Code").Section 408(a) states:"For purposes of this section, the term 'individual retirement account' means a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries, but only if the written governing instrument creating the trust meets the following requirements:"One of the requirements is that:"The trustee is a bank (as defined in subsection (n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section."

IRAs are regulated by Section 408 of the Internal Revenue Code. Roth IRAs are regulated by Section 408A of the Internal Revenue Code.The real intent of the question is not clear. If you are suggesting that you could roll the RSUs into an IRA much the way you could a distribution from a qualified retirement plan, the answer is no. Regardless of where the RSUs sit, they will be taxable under Section 83 upon constructive receipt.If, on the other hand, you want to know if you can contribute the RSUs on which you have already paid taxes (or will by the tax filing deadline) to an IRS, there is nothing in the regulations under 408 or 408A which specifically precludes it.Note that I am neither an attorney nor a CPA and cannot provide formal tax advice. Under Circular 230, note that nothing that I say here my be used or is intended to be used to avoid taxes or tax penalties.

As a general rule California cannot tax retirement benefits that you receive when you are no longer a resident of California. Prior to 1996, the state of CA did exactly that.PL 104–95 was enacted by Congress that year to prohibit the so called taxation based on source of earnings.There are some deferred compensation plans not covered, but the following are covered by this law:(A) a qualified trust under section 401(a) of the Internal Revenue Code of 1986 that is exempt under section 501(a) from taxation;"(B) a simplified employee pension as defined in section 408(k) of such Code;"(C) an annuity plan described in section 403(a) of such Code;"(D) an annuity contract described in section 403(b) of such Code;"(E) an individual retirement plan described in section 7701(a)(37) of such Code;"(F) an eligible deferred compensation plan (as defined in section 457 of such Code);"(G) a governmental plan (as defined in section 414(d) of such Code);"(H) a trust described in section 501(c)(18) of such Code; or"(I) any plan, program, or arrangement described in section 3121(v)(2)(C) of such Code, if such income—"(i) is part of a series of substantially equal periodic payments (not less frequently than annually) made for—"(I) the life or life expectancy of the recipient (or the joint lives or joint life expectancies of the recipient and the designated beneficiary of the recipient), or"(II) a period of not less than 10 years, or"(ii) is a payment received after termination of employment and under a plan, program, or arrangement (to which such employment relates) maintained solely for the purpose of providing retirement benefits for employees in excess of the limitations imposed by 1 or more of sections 401(a)(17), 401(k), 401(m), 402(g), 403(b), 408(k), or 415 of such Code or any other limitation on contributions or benefits in such Code on plans to which any of such sections apply.