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Using 401k Money To Buy A Business

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What are the advantages using a ROBS 401k plan to finance my business as compared to traditional small business financing optionsMost aspiring or existing business owners looking for financing for their business consider just two options: borrow funds or sell an ownership stake in their business. Another option that may be available is referred to as a rollover as business startup (ROBS) plan that allows the entrepreneur to use his or her 401k, IRA or other retirement funds to finance the business. There are several important differences between ROBS and traditional small business financing options: Read more >>

What does the IRS say about rollover as business startup transactionsTo learn more about what the Internal Revenue Service has said Read more>>EligibilityI would like to use my 401k to start a business & am I considering several different businesses. What type of business can I start with the 401k Business Financing PlanAlmost any type. The 401k Business Financing Plan is a very flexible small business financing strategy. The type of business you can start with the 401k Business Financing Plan is virtually unlimited. As long as the business is active and not exclusively engaged in the investment or lending of capital, your business should qualify for the 401k Business Financing Plan. Please call us 1.800.489.7571 and we can assess whether the type of business that you want to open will qualify.

Can I use my 401k, IRA or other retirement funds to buy or start a business or franchiseWe are often asked if 401k, IRA or other retirement funds can be used to buy or start a business or franchise. The great news is that you can! While one option is to take a loan from your retirement account, there is another option (often called a rollover as business startup) that is more flexible and offers many benefits over a loan in providing funding to your franchise or small business startup. Read more>>

Can I invest funds in my 401a, 403b, 457 or government plan in my business start upYes a 401A, a type of governmental plan offered to employees of the USA or governmental agency, or state government or political subdivision, may be transferred to a ROBS 401k. Read more>>

What are the 457b differences and which can be transferred to the business financing 401k (ROBS)There are two types of 457(b) plans but only one can be transferred to a 401k such as the business financing 401k plan. The first type is a Tax-Exempt 457(b) which is the type that cannot be transferred to the business financing 401k (ROBS) or to an IRA. The second type is a Governmental 457(b) and this type can be transferred to the ROBS 401k plan. To learn more about these types of 457(b) plans CLICK HERE.

Can I use my 401k to start a real estate operating companyIf your objective is to invest in real estate via a rollover as business startup transaction, you could do so by funding a c-corporation that operates as a real estate operating company. In order to qualify as a real estate operating company, a at least half of the assets of the corporation must be invested in real estate which is managed or developed and with respect to which such corporation has the right to substantially participate directly in the management or development activities. Moreover, the entity in the ordinary course of its business must be engaged directly in real estate management or development activities. Furthermore, expenses related to the real estate must be paid by the corporation and the real estate cannot be used for personal use.

I plan on using my 401k start a business. I have lined up another investor who wishes to use retirement funds but will not be involved in the day-to-day operations of the business. Can he invest via a rollover business startupA ROBS 401k is not designed for someone who wishes to passively invest in a business. In order to participate in the 401k, the individual would need to be an employee of the business. While the investor would therefore not be able to invest his retirement funds in your business via our 401k Business Financing plan, he could invest in your business via our self-directed IRA LLC. The investment could be structured as debt (i.e. a loan to your business) or equity (i.e., the LLC purchases stock in your business).

I have a former employer plan that I am looking to use to buy a franchise with my husband. While we will both work full-time in the new business, my husband will also continue to work part-time at his current job. He has a 401k through his current employer. Is it possible to rollover his balance into the business 401k if he remains employedIf your husband wants to transfer funds from his current employer plan, he should check to see whether the plan allows him to rollover funds while still employed (an in-service transfer). Note that if he has funds in his current plan that were transferred from a prior employer plan the plan will typically allow him to transfer out those funds while still employed. If you would like us to review the plan, we would be happy to do so please just request the summary plan description and then email it to us.

While I am seriously considering using a ROBS 401k to start a business, the tax implications are my main concern. Unlike an S-Corp or LLC funded with non-retirement money, the C-Corporation would be subject to corporate income taxes, so profits would be taxed twice. Is there no other alternative other than the C-CorpIf you wish to fund your business via a rollover as business startup, the entity funded with your retirement funds must be a C-corporation. While it certainly true that business advisers will generally recommend an LLC/S-Corp over a C-Corp there are certain advantages of a C-corporation (see for example, the advantage discussed in the following article: ).

In addition, your 401k account will be at a brokerage firm that will allow you to invest in a full range of traditional investments such as mutual funds, stocks, bonds, ETFs, and FDIC-insured CDs. This will allow you to fully diversify your retirement funds and manage risk across your investment portfolio.Ongoing ComplianceI recently used my 401k to start a business. Can I receive a salary from my new businessYes. You are required to be an employee of your new business that is financed with the 401k Business Financing Plan. While you are not legally required to take a salary you may take a reasonable salary once the business generates revenue to justify your salary. To learn more about what constitutes a reasonable salary, click here >>I am worry about years when profits are low, so how frequently can salaries be adjustedThe salary can be adjusted as you see fit. The salary needs to be reasonable. This means you should wait to receive w-2 compensation (e.g., salary, bonuses, etc.) until the C-corporation is generating income to justify your salary and then your salary should not be unreasonably high (i.e., no more than what the company would have to pay someone else to do all of the things that you do). Any compensation that you receive should be paid to you as W-2 wages (i.e. not as 1099 income). As such, it will be prudent to coordinate with your business tax adviser.Do I have to make salary contributions to my 401k profit sharing planIf you use a ROBS business financing strategy to fund your franchise or other small business, your company will have a 401k. You should defer at least 1% of your salary into the 401k and may defer up to the federal maximums. Read more>>Can my employees participate in the company's 401kIf you use a 401k business funding strategy to fund your existing franchise or other small business, your company will need to adopt a 401k. Any other full-time employees must be given an opportunity to participate in the plan including rolling over retirement funds into the 401k, and if they elect to do so, Read more>>Do I need to obtain an annual appraisal of my businessIf you use a 401k small business financing strategy to fund your new franchise or other small business start-up, your business will need to sponsor a 401k profit sharing plan. In order to maintain the compliance of the plan the value of the plan assets (including the value of the company stock held in the 401k) will need to be reported each year. Read more>>Does a Form 5500 need to be filed for my company's 401kIn its 2010 guidance, the IRS reported common ROBS operational mistakes made by new business owners using their retirement funds to pay business start-up costs (see here). The IRS noted a common misunderstanding that a Form 5500 is not required to be filed if the business is only owned by an individual and his or her spouse. In the referenced guidance, Read more>>Can I rollover additional retirement funds in the futureIf your retirement funds are eligible to be rolled over to a qualified plan, our 401k Business Financing plan will allow you to transfer additional retirement funds to the plan. To facilitate that process, please (1) provide us the most recent account statement for the retirement account from which you wish to rollover additional funds and (2) contact the administrator of such account and ask for their transfer out paperwork and then forward to us for completion (note: if the account is an IRA account they may state that the transfer paperwork must be provided by the receiving financial institution in which case we will use our internal form).

If you wish to invest these funds in your business, you would do so by purchasing additional stock in your corporation. The subsequent stock purchase should be at at fair market value as supported by a business valuation. In addition, the stock offering should be made available to other employers participating in the 401k.I used my 401k to open a franchise. My business is successful and generating significant revenue. How can I get money out of the businessYou may receive reasonable w-2 compensation (e.g., salary, bonuses, etc.) if your business is generating income to justify your compensation. Your compensation should not be unreasonably high. In determining what constitutes reasonable compensation, you should consider what your business would have to pay someone else to do all of the things that you do (for more on what constitutes a reasonable salary click here >>). Besides paying you reasonable compensation, the corporation could elect to distribute profits to the owners (i.e., dividends to the stockholders). If the corporation decides to distribute profits to the stockholders, the profits must be allocated based on the ownership percentages. This means that some of the profits will go back to the brokerage account for your 401k. Profits that go back to your 401k will grow on a tax-deferred basis and may then be invested via your brokerage account (e.g., in mutual funds, equities, ETFs, etc.).I left Corporate America to start my own business in a completely unrelated field (i.e., fast casual franchise). I have made over $200K per year for the last 5 years and am worth at least that much money. My business is successful and generating significant revenue. Can I receive the same salary in my new ventureYou may draw a reasonable salary for the work that you perform for the franchise operation. In considering the question of what constitutes a reasonable salary, the courts and regulators have weighed many factors including the market rate for the work that you are performing (i.e., what your franchise would need to pay someone else to perform the same tasks). One factor that is not relevant to the analysis is the salary that you have received in previous unrelated positions. For example, consider a person who leaves her successful position as a securities litigation attorney that paid her a very high salary to open a cupcake franchise. The fact that she received significant compensation for her previous attorney position will not justify the cupcake franchise paying her the same salary.I rolled over my 401k to buy a business. The business is doing well and I am receive a small salary. My personal expenses have gone up recently. Can I increase the salary that I receive from my businessIf you are receiving a nominal salary and your business is successful, you may increase your compensation provided that your total compensation is reasonable. An important factor in determining reasonable compensation is the amount that your business would have to pay an unrelated person to perform that tasks and duties for which you are responsible. For a discussion of additioanl factors, please click here >>. It is important to note that a factor that is not relevant to whether your compensation is reasonable is an increase in your personal expenses. 59ce067264


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