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March 19, 2009

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Gary Anderson

Anyone interested in implementing this strategy should read the latest IRS concerns in their Oct 1, 2008 Guidelines Regarding Rollovers as Business Start-ups (ROBS for short) at www.irs.gov/pub/irs-tege/rollover_guidelines.pdf.
It is worthwhile reading.

On a general broad business personal note: Why shouldn't we all have the ability to control our own retirement funds? I have been investing in all sorts of "alternative" investments from mine for over 15 years.

The Franchise King

Rick,
Thank you so much for chiming in. You and I have worked with folks that have used this vehicle to invest in a franchise of their own, successfully.

I think the situation has to be right for one to do this, and I have no problem discussing it as an option.

The Franchise King
Joel Libava

Rick Eggleton

Joel,
I completely agree with you about picking the right franchise. As for using a 401k rollover plan there are some significant pluses:
1. The money is yours so it is not a loan. No loan, no principal, no interest to pay back. On a $200k loan that's about $4,000 a month. If you don't have to pay that you will reach positive cash flow sooner, often months sooner.
2. The right plan can provide a retirement investment vehicle that allows the owner to shelter up to $200k a year from taxes. This can be part of your wealth building plan.
3. There is no tax or penalty to be paid when you transfer money from your 401k (or is it a 201k) to a properly constructed plan.
4. The money can be used for any legitimate business purpose - including paying yourself a salary from day one.
5. Properly constructed setting up your plan will provide a $1,500 tax credit and the annual expenses are tax deductible.
6. SBA lenders like borrowers to use this kind of plan (ERISA) because the borrower has more skin in the game and getting a loan can be easier.
Picking the right plan just like picking the right franchise is important. Find a company that provides a written guarantee, one that has never had a plan rejected by the IRS, one that has a full time ERISA attorney on staff, one that doesn't require you to pay back the money in two or three years taking away money that could be used for expansion.
One final thought; make sure that the plan can be customized to fit your needs. Companies that offer a "one size fits all" solution make crank out the same thing day after day. Companies that customize plans take time to understand the situation and can recommend the best solution for each person.

The Franchise King

Mike,
Thank you for reading and commenting on my wildly popular blog.

From reading this post, one might think that I am against using a PORTION of an IRA/401-K to invest in one's own business. I actually Do think it can be OK, in SOME cases. As a matter of fact a couple folks that I helped put in business did use a PORTION of their retirement funds, and seem to doing just fine, thank you.

I just want to make sure my readers don't get all ethered up when they are making the decision.

The Franchise King
Joel Libava

Mike McCormack

Joel, I agree that borrowing from the 401k (or any other retirement vehicle for that matter) is NOT a good idea. Simply put, you can borrow money for most anything else, but you can't borrow money to retire on!

BTW, I'm one of those mean old investment advisers who lost 30-40% in the market. But I only had 20% of my portfolio invested, since I was 80% in cash. I hate being painted with the same brush as all the other "passive reactive" folks!

Mike Mc.

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