If this type of Structure is legal why did the IRS release the October 1, 2008 "Memorandum"?
After reviewing a number of business acquisition structures that have been promoted by our competitors, in 2008, the IRS became concerned that the structures were not being properly established from an IRS and ERISA compliance standpoint. While having these compliance concerns, the IRS has always maintained the position that this type of structure is perfectly legal and not considered an abusive tax avoidance transaction. In the “Memorandum”, the IRS highlighted a number of compliance areas, which they believed were not being adequately followed by the promoters implementing the structure at that time.
While our competitors were promoting this type of structure, which in many cases failed from a compliance standpoint, the IRA Financial Group’s in-house retirement tax professionals spent the last two years reviewing IRS materials and guidance in order to develop the Business Acquisition Compliance and Support Structure (“BACSS”). BACSS was designed to satisfy each non-compliance issue address by the IRS in the “Memorandum” in order to offer our clients an IRS and ERISA compliant structure for using retirement funds to acquire or invest in a business tax free!
Please contact one of our IRA Experts at 800-472-0646 for more information.