Author Archives: Mark Nolan

Investing Retirement Funds in Own Business vs. a Third-Party Business

The retirement account regulations allow business owners or aspiring entrepreneurs to invest their own retirement funds in their own business (known as an active investment) or a third-party business (commonly referred to as a passive investment). Both of these investment types will not subject the retirement account holder to taxes or penalties as long as […]

Invest Self-Directed Solo 401k in Physical Real Estate and Land

A self-directed solo 401k may own/invest in physical real estate (e.g., family homes, apartments, condominiums, commercial buildings and land), provided the 401k investment and prohibited transaction rules are satisfied. The 401k real estate investment rules are, for the most part, straight forward and pretty easy to follow. Following is a list of some of the 401k real […]

Real Estate Solo 401k In-Kind Distribution Rules and Reporting

While solo 401k distributions are not mandatory until the solo 401k owner reaches age 70 1/2 (the technical IRS lingo is Required Minimum Distributions), it is not well known that solo 401k distributions can also be made in the form of a hard asset (for example,  real-estate) instead of cash.  In other words, instead of receiving […]

Can I Use a Stock Bonus Plan Like a ROBS 401k (Business Financing 401k)

QUESTION: I have a former employer 401k and old IRA that I would like to use to for the 401k business funding structure. Can I rollover my 401k and IRA to a stocks bonus plan and then use the stock bonus plan for the 401k business funding structure? ANSWER: No. The 401k business funding structure, referred […]

Solo 401k In-Kind Distribution Tax Obligations vs Direct Rollover

QUESTION: I’m closing down my self-employed business and then my solo 401k. What are the next steps for this? If I wanted to take a full distribution and not set up an IRA LLC, how would that work and what would be my tax obligations? I have money in the solo 401k account at the bank as […]

The Once-Per-Year IRA Rollover Rule Quick Guide

Here is a quick guide to help you understand the new once-per-year rollover rule and how it affects your IRA rollover plans. Don’t process an IRA rollover IF: You already made one tax-free rollover from an IRA to another (or the same) IRA within the last 12 months. Key Items: The once-per year rule means […]

Transfer SEP IRA to Solo 401k and Non-Recourse Loan Questions

QUESTION 1: I have both a rollover IRA from a previous employer and a SEP IRA. Can I combine these into a solo 401K? ANSWER: Presumably you are self-employed if you are already participating in a SEP IRA, but to clarify, here is how the IRS defines self-employment: You carry on a trade or business as […]

How to Structure a Promissory Note Investment with 2 Trustees Solo 401k Plan

QUESTION: I still have a few questions on the logistics of how we will structure the purchase of a single promissory note pool for $100K in our self-directed Solo 401k with funds from our two separate solo 401k checking accounts. Will we need to have the seller split the note pool into separate parts to be purchased under […]

Using a 401k to Buy a Business

While the Employee Retirement Income Security Act of 1974 (ERISA) permits the use of 401k retirement funds to buy your own business (commonly referred to as rollover as business start up (ROBS), the following rules should first be understood before using your 401k funds to buy a business: The ROBS 401k/PSP arrangement calls for the purchase of […]

List of Self-Directed IRA Providers

Following is a list of self-directed IRA providers for opening a self-directed IRA for investing in alternative investments such as real estate, precious metals, promissory notes and private company shares, to name a few. Those looking to use the IRA LLC (also known as a checkbook IRA) to invest in alternative investments such as real estate, promissory notes, […]

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