If structured correctly, yes. IRA Financial Group’s in-house retirement tax professionals have spent the last two years developing an IRS and ERISA compliant structure for using retirement funds to acquire or invest in a business tax free! Unlike our competitors who have been offering this type of structure for many years, the IRA Financial Group has patiently waited for clear IRS guidance in order to develop a structure that would be fully compliant with IRS and ERISA rules and procedures. The Business Acquisition Compliance and Support Structure (“BACSS”) was designed as an IRS and ERISA compliant structure for using retirement funds to acquire or invest in a business tax free! Our structure is similar to the Rollover Business Startup (ROBS) structure approved by the IRS. The Internal Revenue Code and ERISA law firmly establishes that the use of retirement funds to purchase stock of a sponsoring company is permitted as long as certain IRS and ERISA rules are followed. Based on IRS guidance, it is important that a qualified retirement plan be adopted by the new company and that it be used and operated as such. It is also required that the value of the stock being purchased by the new Plan be valued by an independent appraisal and that the qualified retirement plan be made available to all eligible company’s employees. Because the IRS has stressed the importance of compliance, it is crucial to work with a company that is operated by a team of in-house tax and ERISA professionals who have worked at some of the largest law firms in the United States, including White & Case LLP and Dewey & LeBoeuf LLP, to ensure the legality of the structure.