In that case, then see IRC Section 408(e):
(2)Loss of exemption of account where employee engages in prohibited transaction
(A)In general If, during any taxable year of the individual for whose benefit any individual retirement account is established, that individual or his beneficiary engages in any transaction prohibited by section 4975 with respect to such account, such account ceases to be an individual retirement account as of the first day of such taxable year. For purposes of this paragraph—
(i) the individual for whose benefit any account was established is treated as the creator of such account, and
(ii) the separate account for any individual within an individual retirement account maintained by an employer or association of employees is treated as a separate individual retirement account.
(B)Account treated as distributing all its assets
In any case in which any account ceases to be an individual retirement account by reason of subparagraph
(A) as of the first day of any taxable year, paragraph
(1) of subsection (d) applies as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day).
