Entrepreneurs can use their 401(k), or retirement plan, to launch a new business. This is a great alternative to or in addition to other sources of funding such as business loans, grants, investors and grants.
Each method has its pros and cons. Discover if this is the right method for you.
The Key Takeaways
- Entrepreneurs can use their 401(k), to finance investments that are expected to yield a quick ROI (return on investment).
- If the business fails, a 401(k) entrepreneur can risk their retirement savings.
- 401(k), or IRA, loans are exempt from income tax and penalties.
- The borrower is in complete control of the funds, and owes no debt to any third parties.
Why You Could Use Your 401(k).
Benefits
A 401 (k) is a good source of funds for a new business because:
- The owner controls the source of capital and the destination of the money.
- Money is available immediately.
- The entrepreneur does not have to pay a debt to a third party institution.
- You can withdraw money from your business without having to pay income tax or penalties.
- The owner receives all interest.
- Your credit score is not affected by this service.
- Most people qualify.
- This is a good option for investments that are expected to yield a quick Return on Investment (ROI), such as purchasing a franchise or buying equipment.
Risks
A 401(k), however, can be a dangerous source of money to start a business because:
- This is a drain of personal retirement funds and requires careful planning to recover the funds.
- If the business fails, you risk your retirement savings.
- Some loan terms depend on your employment status.
- Some plans do not allow for business financing and the repayment terms vary.
You have several options when using 401(k), loans to start a business
In order to start a new business with a 401k, an owner must consider different withdrawals. These include a 401k business loan, ROBS (Rollover for Business Startups) and a distribution from a retirement plan.
Loans from 401(k).
A borrower may be able to use their retirement plan to obtain a 401(k business loans if the plan allows it. This loan is available to people who want to remain employed at their current job and take less than $50,000 out of their retirement account. 1
It Works
The borrower signs a loan contract that specifies the interest rate, fees and other details. 2 The majority of loans are paid back through payroll deductions. The borrower is expected to pay the market interest rate; however, it will be paid back by the owner.
A 401(k), however, does not incur penalties or income taxes. This makes it a more affordable option than a traditional withdrawal. Interest repayments, however, are taxed twice: they are paid using after-tax dollars and then taxed once again when the borrower takes them out for retirement.
Note:
If you leave or lose your job, the loan will need to be paid back within a certain time period, usually 60 or 90 day.
Eligibility Requirements
Loans may be offered by a 401(k), but not all plans. Most people are eligible for a loan if the 401(k) plan offers it, since the money comes directly from the borrower’s account.
In some plans, borrowers must get their spouse’s or domestic partner’s consent before they can take out a mortgage. The reason is that a spouse might be entitled to part of the 401(k), in the event of divorce, and the loan could affect their share.
How much can you borrow?
The IRS allows you to borrow 50% of the total account balance that is vested. The IRS caps this amount at $50,000. You can only borrow up to $20,000 if you have $40,000 on your account. If you have $1,000,000 in your account you can still only borrow $50,000. 4
The Pros and Cons Of 401(k). Business Loans
When deciding whether a 401(k), business loan is for you, consider the advantages and risks. 5
Pros
- Borrowers do not have to pay tax or penalties if they repay the loan
- The interest paid is credited to the retirement account
- Payment defaults do not affect credit score
- Easy eligibility
You can also find out more about Cons
- Dependent on consistent employment
- Draining a tax-advantaged pension account
- Borrowers under 59 1/2 years of age will be charged back taxes, plus a 10% penalty for default.
- Most plans have fees. Often, it is a $50 or $75 one-time origination fee.
- Double taxation: Interest on loans is paid using after-tax dollars. These dollars will be taxed once more when you retire.
What Happens if You Cannot Pay Back A 401(k). Business Loan?
Borrowers younger than 59 1/2 will also have to pay a 10% penalty fee. Borrowers under 59 1/2 must also pay a 10% fee. This can seriously drain a business owner’s retirement account.
ROBS to Start a Small Business
This withdrawal should be more than $50,000 and is not subject to income taxes or penalties. This is an option that many entrepreneurs use to avoid going into debt with traditional business loan. The ROBS process is more complicated than a 401 (k) loan.
It Works
The owner of a business must purchase stock in his company with the money deposited in his new retirement account. The business owner can use the money to start the company without having to worry about loans, debts, or taxes penalties. This business owner will also have to go through an extensive eligibility process.
Note:
The IRS warns, while ROBS is aggressively promoted to new business owners, it can be a complex application process and the practice in itself may be “questionable.” 6.
Eligibility Requirements
A business owner who is considering a ROBS must first meet certain qualifications.
- The employer plan must allow for the transfer of funds from a 401(k). Most plans don’t allow it while the borrower still works for that company. However, funds from former employers might qualify.
- 7
A business owner who wants to apply for ROBS must:
- Create a C Corporation.
- Open up a 401(k). plan for your new business. It can be a profit sharing plan, depending on your business needs.
- Transfer funds to your new retirement plan with the administrator.
- Purchase stock in the company Using the new retirement plan
- Comply with all plan rules. This includes allowing employees to make investments at the same level of the business owner, and following guidelines for the use of business property. The owner of the business must be an employee in good standing, and all employees must have access their company’s 401 (k) plan.
How much can you invest?
In general, ROBS plans demand that business owners invest at least $50,000.
ROBS: Pros and cons
Here are some important considerations. Here are some important considerations.8910
Pros
- No debt, interest, penalties, or taxes
- No credit check is required
- ROBS are not loans, so there are no penalties for default.
- Business owners can use pre-tax retirement funds to pay down business loans
You can also find out more about Cons
- Complex eligibility process including the need to become a C-corporation, which can have major implications for business.
- It is risky to deplete retirement funds
- ROBS audits are burdensome for the IRS because they tend to involve heavy paperwork.
- The IRS says that this term is used to describe businesses on the verge of failure. When they fail, the owners lose their retirement fund and business.
- It’s expensive to begin with; the set-up cost is about $5,000 and then about $130 per month, depending on your plan.
You can withdraw money from your retirement account
A business owner can withdraw money directly from their 401 (k) to distribute towards their company under certain conditions. The money is not repaid, but the business owner must meet certain qualifications to receive the funds.
It Works
Employees who are eligible to receive benefits can choose from three distribution options. The payment could be made in a lump sum, or as multiple payments spread over a period of time, such as five or ten years. It can also be in the form of an annuity, with monthly payments for a lifetime.
Borrowers who are under 59 1/2 may be subject to a 10% withdrawal tax.
Eligibility Requirements
Plan distribution is permitted when an employee:
- Age 59 1/2
- The loss of employment due to death, disability or retirement.
- Employer has terminated their plan and no distribution plan is defined
- A person who is in dire financial need due to a severe hardship
How much can you borrow?
The amount of your distribution depends on an agreement you have with your employer’s plan. If the account balance is greater than $5,000, the plan administrator will need the account owner’s consent to make a distribution. 13 Your spouse or domestic partner may also be required.
Note:
Your borrowing amount is limited if you receive a distribution for a hardship.
The pros and cons of distributing your retirement account
Weigh the pros and cons of a 401(k).
Pros
- No debts or loans
- The owner of the business controls the funds
- Credit score is not affected by the absence of a credit card
You can also find out more about Cons
- Tax penalty 10% for borrowers under 59 1/2
- The amount is taxable
- Loss of retirement savings
FAQs (Frequently Asked Questions)
How does borrowing from your 401(k), work?
Borrowing works differently depending on whether you choose a 401(k) loan, a a data-component=”link” data-ordinal=”1″ data source=”inlineLink” and/or if you take robs (5222920). The borrowing process is different if you choose a 401(k), a Robs or a distribution of your retirement account.
What is the penalty if you borrow from your 401(k).
If you fail to make payments, there are no penalties. If you choose a ROBS there are no penalties, but the costs can be high. You will be penalized 10% if you withdraw money from your 401(k), for distribution prior to turning 59 1/2.
How does borrowing from your 401(k), affect your credit score?
No. No.