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Should You Rollover Your IRA or 401(k) to Fund Your Business Start Up?

July 9, 2010 by Frank Goley, Business Consultant

Business Finance 

I was a Financial Planner back in the day but no longer practice. More than likely as a financial planner I would advise not to do this if you are using all or a majority of your retirement funds to do so. Moreover, there are all the tax rules to consider – another big negative and potential risk.

But from the standpoint of a Business Consultant, it is my job to share ways to fund your business and present the positives and negatives of a Business Funding Strategy. It is up to you to decide, but if you are going to consider this funding strategy, be sure to meet with both a very qualified Tax Attorney and ERISA CPA to discuss the pros and cons.

Nearly 4,000 businesses in 2009 used this strategy to launch their businesses. Why so many? I will discuss why, but first let’s see how it is done.

The Mechanics of the Retirement Fund Rollover as a Business Funding Strategy

– Step 1 – Move Your 401(k) or IRA into an ERISA Profit Sharing Plan: This ERISA plan then becomes the retirement plan for your new company.

– Step 2 – The New Retirement Plan Buys Stock in the New Company (C Corp):  When the funds have transferred into the new company, it becomes Tax Free Capital. The idea is you are buying stock in your own company rather than the stock of another.

– Step 3 – Open a Business (Corp) Checking Account and Pay Yourself Back: You must offer the retirement plan to the employees and use it as a retirement plan.

The Risks

v  Your business may fail and there goes your retirement money.

v  You may violate the complicated ERISA rules and end up paying harsh penalties and taxes. Very complicated compliance rules. Be sure to read the IRS publications on this strategy, including: http://www.irs.gov/pub/irs-tege/rollover_guidelines.pdf

v  Fee up to $5,000 to set up the ERISA Plan, plus all the Attorney and CPA fees prior to assess it.

v  On going annual fees to maintain the ERISA Plan in compliance with the IRS, which can run up to $1,500 a year.

v  Some Tax Experts predict the IRS will crack down on these plans in the future.

The Advantages

v  Cash is King in business. You do not have to strap the cash flow of your business with this strategy.

v  Businesses not burdened by debt finance can become profitable much quicker.

v  Tax Free

v  Doesn’t require a credit score to acquire the capital. Bank finance is hard to find even for credit worthy applicants, let alone a start up.

v  Money is ready quickly. You don’t have to wait on banks or investors.

v  60,000 jobs and $8.3 Billion have been added to the Economy as a result of these Plan Rollovers.

v  You don’t have to secure a second mortgage on your house and adversely affect your personal cash flow to fund your business.

v  Great way to attract quality employees to your Start Up by offering a Company Retirement Plan right from the start.

v  If you only use a portion of your Retirement Funds to set up the Rollover Plan, then you don’t risk your future retirement funds in the event the business fails.

v  Combine the retirement funds with other Business Finance Sources to find the best mix of cash and debt finance for your business.

The Bottom Line

Don’t risk all your retirement funds to try this strategy. Whether the business turns out successful or not, most smart entrepreneurs only use 20-30% of their retirement fund to set up the new company retirement plan. It depends on your financial security and if you have kids or not – in this sense, it is a personal financial planning decision as well. Understand the implications of all the IRS Rules and the possibility of future IRS scrutiny.

Disclaimer: Frank Goley or ABC Business Consulting is not offering tax, investment or legal advice. Consult an Attorney and CPA for tax and legal advice.

Video Resource: Why the Retirement Fund Rollover as a Business Funding Strategy May Not be a Good Idea…


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Posted in Business Finance.

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