What’s the ROBS “Prohibited Transaction Rules?”
A ROBS Prohibited Transaction Rules doesn’t exist. Before we go further into that, let’s take another look at what the prohibited transaction rules entail. It will help you better understand why no ROBS prohibited transaction rules are set in place. You probably know this plan as the Business Acquisition Solution (BACSS) at IRA Financial.
If you have a retirement account, then you’re aware of the prohibited transaction rules. These rules don’t describe what you can invest in, only what you cannot invest in. You may also know why the Prohibited Transaction Rules are in place. The IRC doesn’t want you to use the funds in your retirement account for personal gains. The goal of the IRA is to accumulate as much funds until you reach retirement age and then make withdrawals.
Read More: Rollovers as Business Startups
As there is no ROBS prohibited transaction rules, there are also no disqualified persons in the ROBS solution. For the sake of clarification, what exactly is a disqualified person? You may already know the answer to this.
- You (the IRA holder)
- Your lineal descendants
The IRS believes that the IRA holder and his/her lineal descendants are one in the same. However, there are many more disqualified persons than what we have listed. You can review all disqualified persons in Solo 401(k) Prohibited Transaction Rules.
The prohibited transaction rules are also set in place because it protects the IRS revenue-generating rules.
If you use your retirement money to help your children or spouse, the IRS sees this as getting around the distribution rules (the minimum amount you can withdraw from your account each year). You aren’t paying taxes on the IRS accounts and at the same time, you’re benefitting by helping close family relatives.
These rules help the IRS in other ways, as well. For example, if you use your IRA funds and give them to your spouse, it’s as if you’re gaining use of the IRA funds without paying tax or the potential 10% penalty. Then everyone would take advantage of this to avoid paying taxes on their IRA funds.
Related: Rollover Business Startups (ROBS) Compliance Rules
How does this hurt the IRS?
Let’s look at an excerpt from Turning Retirement Funds into Start-Up Dreams.
“…The IRS would be left with very little tax revenue from the IRA account, and it would also lose tax revenue because of the use of the IRS deduction in the year of contribution…So prohibited transaction rules are actually very important for the IRS.”
Related: Potential Drawbacks to Using Rollover Business Startup Solutions
The Reason There are No ROBS Prohibited Transaction Rules
As you saw in ROBS Solution – How Can I Benefit and ROBS Solution – How it Works, individuals can break the prohibited transaction rules. Again, that’s because the ROBS solution takes advantage of the ‘qualifying employer securities’ exception in the tax code under IRC Section 4975(d) (13). This is an exception to the IRS prohibited transaction rules that allows the 401(k) to buy qualifying employer securities, or stock of a C corporation. Doing so does not trigger the prohibited transaction rules like the self-directed IRA LLC will, for example.
With so many advantages to the ROBS solution, it’s time to think seriously about using it to startup or finance your business. At IRA Financial Group, our IRA specialists will establish the ROBS today, and handle all necessary paperwork. Additionally, your assigned specialist will guide you through the process and answer any questions or concerns you may have. Contact us today to get started.
Related: How to Use Retirement Funds to Start a Business
Did You Know?
The ROBS solution can allow you to use funds from your Self-Directed IRA and Solo 401k to purchase a business that you can earn a salary from. It is the only legal way you can do it. You will need a C Corporation to do a Rollover Business Start Up solution. Contact us today to learn more.