If you have a retirement account, you might look into Rollovers As Business Startups (ROBS) as a small business funding option. Read on to find out who qualifies.
Our content reflects the editorial opinions of our experts. While our site makes money through
referral partnerships, we only partner with companies that meet our standards for quality, as outlined in our independent
rating and scoring system.
Looking for business funding? A Rollovers as Business Startups plan (ROBS) is a financing option for your small business that you might not know much about.
If you have a retirement account, read on to learn more about how you can use this account to start or grow your small business.
What Is ROBS?
Rollovers for Business Startups plan — or ROBS — is a type of transaction you can use to fund your new or existing business if you can’t take out a loan or work with outside investors.
This method of funding your business does not involve borrowing money. Instead, you are rolling over funds from your IRA, 401(k), or another retirement account to use as financing for your business.
Since you aren’t borrowing or cashing out your retirement account, ROBS allows you to invest your retirement funds without being penalized.
A ROBS transaction is a financing choice for many entrepreneurs who don’t qualify for startup loans or traditional financing.
How A ROBS Plan Works
A ROBS plan is a complicated transaction, which is why most people who choose this funding avenue work with an attorney or a ROBS provider. However, even if you work with an expert, it’s important to understand how the process works.
Step 1: Establish A C-Corp
The first step of the rollover is to establish a new C corporation, an entity with shareholders that are taxed separately from the entity. A C corporation is the only business structure that will work with a ROBS transaction.
Step 2: Set Up A New 401(k)
The next step is to set up a new retirement plan for the business. The business then becomes the sponsor of the 401(k) plan.
In most cases, the entrepreneur will be the only employee of the new corporation and will be the only participant in the 401(k) plan, although you may wish to discuss other options with your ROBS provider or attorney.
Step 3: Roll Over Existing Retirement Accounts
Through a series of legal forms, funds from an existing retirement account are transferred to the newly created 401(k) plan.
Because these funds have been rolled over, the transaction is not a taxable distribution and will not incur penalties.
Step 4: Use Funds From 401(k) To Purchase Stock
Funds in the new 401(k) plan are then used to purchase stock in the C corporation. Now, the C corporation has cash from the sale of the stock.
Step 5: Build Your Business
With money in your pocket, you can use funds to acquire a business, fund your startup, or inject money into an existing business — all without tax liabilities or penalties.
Who Qualifies For A ROBS?
Anyone with an eligible retirement plan qualifies for a ROBS plan as long as they meet the following requirements:
- The retirement plan can’t be from your current employer
- You must be a legitimate employee of your business (around 1,000 hours per year)
- You must meet all requirements of your chosen ROBS provider
The most common retirement plans used for this purpose include 401(k) plans, 403(b) plans, and defined contribution plans like Traditional IRAs, Simplified Employee Pensions, and Thrift Savings Plans. You may also use a combination of qualifying plans.
Most employers will not allow you to roll over your account while you’re still working for them. However, plans from prior employers, your own 401(k), or self-directed IRAs are eligible to roll over.
If committing at least 1,000 hours a year to your business doesn’t work for you, consider other financing options for your business.
Some ROBS providers have requirements related to the minimum amount of money in your retirement fund, how you’re using the funds, and the type of retirement account you plan to roll over. Before selecting your ROBS provider, understand their requirements. We’ll offer up provider recommendations a little later in this article.
Pros & Cons Of Using ROBS
Approached correctly, a ROBS can be a financially savvy move.
However, it’s also important to understand that there are drawbacks to using ROBS. Before you dive in, weigh out the pros and cons to determine if this is the right financial solution for your situation.
Pros
- No Debt: You aren’t borrowing against your retirement account or taking out a loan. With a ROBS, you’re leveraging your retirement account to receive the money you need for your business, so you won’t be indebted to a lender.
- No Interest: Because you aren’t taking a loan from a lender, you won’t have to worry about paying interest for borrowed funds. This means that you’ll have more money to invest in your business.
- Easy To Qualify: If you have a qualifying retirement account, you can get the financing you need with a ROBS. You won’t have to worry about your personal or business credit score, a lack of revenue, or any other factor considered by a lender. Because you are leveraging your own account and aren’t taking out a loan, the requirements of traditional lenders do not apply.
- No Penalties: When you withdraw your retirement funds to finance your business, you may be subject to early withdrawal penalties and taxes. With a ROBS plan, you won’t have to pay these costs, leaving more money in your pocket.
- No Personal Guarantees Or Collateral: Since ROBS is not a loan, you won’t have to sign a personal guarantee or put up collateral to receive your funds. With a business loan, you may be required to do one or both, which means that if your business fails and you can not pay back your loan, you risk losing your personal assets. With a ROBS, the money invested from your retirement account is the only thing at risk.
Cons
- Risk Of Losing Your Investment: Although you won’t have to worry about losing your personal assets if your business fails, you do risk losing your money for retirement. Of course, there have been many entrepreneurs who have started successful businesses using ROBS. However, you should know that there is always a risk involved.
- Tax Liabilities: Because you are creating a C-corp, your tax liabilities may be higher than other business structures. If your transaction is not set up properly, you may have to pay penalties to the IRS if you’re audited. This is why it’s so important to select a ROBS provider that understands the process and is able to help avoid missteps when setting up and maintaining your ROBS.
- Fees: Setting up and maintaining your ROBS also has associated costs. With most providers, you’ll be required to pay a setup fee, as well as monthly maintenance and reporting fees.
Other Ways To Get Startup Funding
A ROBS is not going to be the right choice for every new business owner. If you don’t have a retirement account, the one you have is offered through your current employer, or you don’t want to risk losing your retirement funds to start your business, there are plenty of other startup funding options for you to explore.
Some options you can consider when looking for startup funding are:
SBA Loans
Small Business Administration (SBA) Loans are low-interest, long-term, government-backed loans. They are not actually provided by the SBA. Instead, the agency guarantees a portion of loans offered by partner banks, credit unions, nonprofits, and other financial institutions.
If a borrower was to default, the SBA would provide the lost funds to the lender. This makes these lower-risk loans. Because they are so desirable for business owners, the borrow requirements are difficult to meet, and the application does take a significant amount of time.
Learn more in our article everything you need to know about SBA loans.
Business Loans
Business loans are exactly what they sound like: loans provided for the purpose of funding various business expenses. Options include:
Nontraditional Funding Options
Along with ROBS, there are a number of nontraditional funding options small business owners can take advantage of.
While time-consuming and difficult to qualify for, small business grants are a great way to fund your business without taking on any debt.
Crowdfunding is another option for your small business. This can be a fickle source of financing, but if you’re successful, it’s another way to stay out of debt.
There are plenty of other financing options for entrepreneurs like you, so make sure to explore your options if you don’t qualify for ROBS or don’t want to risk losing your retirement funds.
Is A ROBS Right For Your Business?
Even if you decide not to pursue a ROBS, it’s good to know that it is an option in the future if you are ever in need of a cash injection into your business.
If you have a qualifying retirement plan, you’ve reviewed the pros and cons, and you don’t want to deal with the hassle of securing a traditional business loan, ROBS might be the perfect option for your business.
Need to fund a smaller project ASAP and don’t want to deal with a lengthy application/distribution process? Check out our favorite credit cards for small businesses and startups.