ROBS vs. Self-Directed IRA for Business Funding: What’s the Difference?

Rollovers as a Business Startup (ROBS) Plan is an employer-sponsored program that enables business owners to roll over an existing retirement account into a qualified retirement plan (QRP) or ROBS 401(k) to pay for startup or existing business expenses.

The person starting the business would buy stock in the company (Corporation) and use the sale proceeds for business costs.

ROBS plans are generally used when investors have no other choice but to use their retirement account to start a business venture in which they will be involved in the day-to-day operations.

What would otherwise be considered a prohibited transaction in an IRA can be considered permissible under a ROBS plan. These plans require a specialized attorney and firm to properly structure and counsel the investor.

A self-directed Individual Retirement Account (IRA) enables investors to use their account to fund business startups and make other investments beyond the stock market.

Self-directed IRAs are intended to be used for investment purposes, to benefit long-term retirement goals.

1. A prospective business owner forms a C-Corporation
2. A QRP or Solo 401(k) plan is opened (this requires the account holder to claim earned income); the account owner transfers funds from another retirement plan
3. The QRP or Solo 401(k) purchases 100% of the shares of a corporation, often one the account holder owns and operates

1. An investor opens a self-directed IRA or other account with a self-directed custodian
2. The investor directs the custodian to invest in the business
3. The assets are held in the name of the self-directed account

Some custodians, such as Equity Trust, offer online tools and robust client services to facilitate simple, timely transactions.

Learn more about investing in a business with your retirement account.

Due to the corporation structure, corporate tax applies, and income flows through as dividend income.

Discuss potential advantages and disadvantages with your CPA or tax professional.

Typically, no LLC or corporation is formed or required. This can potentially equate to lower maintenance and lower fees.

For example, an investor simply looking to buy and hold a rental property can do this directly through a self-directed account without the intervention of a ROBS plan and no corporate tax on the corporation side. The rental income flows to the IRA, tax-exempt.

Discuss potential advantages and disadvantages with your CPA or tax professional.

With a ROBS, it is possible for investors to draw a salary or pay themselves. If an LLC is necessary, self-directed IRA LLCs are often easy to form and require lower costs and less maintenance compared to a ROBS.

No IRS Form 5500 is required.

Business gains are tax-deferred or tax-free.

ROBS require a specialized tax-professional/legal professional to draft the necessary documents, complying with applicable retirement account guidelines and laws. This could potentially equate to higher fees.

Plan sponsors are required to file IRS Form 5500 each year.

Other potential pitfalls include depletion of retirement funds if a business fails, misunderstanding IRS form requirements, plan promoter fees, and more, according to the IRS.

Self-directed IRAs, 401(k)s, and other accounts are for investors seeking to diversify and grow their accounts for the long term. You cannot pay yourself from your IRA; this would be considered a prohibited transaction.

You cannot buy a business from yourself or other disqualified individuals in your self-directed retirement plan.