Can You Use a Self Directed IRA To Do a ROBS Structure?

November 2nd, 2015

No, you cannot use a Self-Directed IRA to perform a ROBS.  ERISA Section 408(e) provides that ERISA Section 406 shall not apply to the purchase by the Plan of qualifying employer securities (as defined in ERISA Section 407(d)(5)), provided that: (1) the acquisition or sale is for adequate consideration; (2) no commission is charged with respect to the acquisition or sale; and (3) the plan is an eligible individual account plan (as defined in ERISA Section 407(d)(3)). ERISA Section 407(d)(3) excludes IRAs from the definition of “eligible individual account plans.” A 401(k) plan fits in to this definition but not an IRA.

For more information about using your retirement funds to invest in a business, please contact us at 800.472.0646.

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