Caveat re the Benefits of Solo-Ks and 401(k)s

May 26, 2012 By William Adams

The article link below is accurate on many points about 401(k) variants and there benefits, but as attorneys who also advises businesses on employment matters, we say: beware the limitation on employees. An employer must resist the temptation to improperly convert or hire someone as an independent contractor to avoid the limitations. The fines or a lawsuit can wipe out any benefits and possibly cost as much as the corpus of the retirement account. They’re also more expensive to set up and probably unnecessary for some low transaction volume investors.
IRA Financial Group Report Shows Self-Employed Individuals Moving from SIMPLE IRA to Solo 401(k) Plan in Significant Numbers

Filed Under: News and Shorts

Don't Let a Self-Directed IRA Fee You to Death
This Fox article discusses the high transactional costs of self directed IRAs for active investors, and mentions self directed IRA-LLCs as an alternative. However, in states like California, LLCs come with a $800 annual minimum tax, which cannot be avoided simply by filing in another state. A better alternative for some is a self directed 401k. Don't be too quick to assume you don't qualify for a self directed 401k. Ask us.

http://www.foxbusiness.com/personal-finance/2013/04/10/dont-let-self-directed-ira-fee-to-death/

These individual retirement accounts enable you to invest in real estate, but watch out for fees.
The “Jury” Decides on ROBS – Can you legally fund a business purchase or startup with a Self-Directed 401k?
Stylistically glib but substantively sincere, Mr. Nabers has some good ideas: His early & consistent stand against ROBS is commendable.

http://www.jeffnabers.com/2011/09/15/the-jury-decides-on-robs-can-you-legally-fund-a-business-purchase-or-startup-with-a-self-directed-401k/

Boy do I get a lot of blowback every time I share my findings about why the government has declared ROBS illegal! Why is there not a specific government
401K plans and IRAs eyed to alleviate Fiscal Cliff
A lot of unlikely fear mongering. The most I can foresee are some prospective limits on high income or net worth individual deductions / contributions.

http://www.examiner.com/article/401k-plans-and-ira-eyed-to-alleviate-fiscal-cliff

The ever expanding debate on averting financial consequences in early 2013 has refocused attention on concerns that the coveted 401 k plan and IRAs, long consid
Foreclosures Drawing Cash as 401K Returns Sag: Mortgages
This can work but must be structured correctly to avoid a prohibited transaction

http://www.bloomberg.com/news/2012-11-05/foreclosures-drawing-cash-as-401k-returns-sag-mortgages.html

David and Michelle Haisley from Fort Wayne, Indiana, weren’t happy with the performance of their retirement funds, so they made another investment -- a foreclosed home for ,000.
The Risks of Tapping Your Retirement Fund for an Alternative Use
Despite some of the overly broad language in this article, the real lesson is that retirement funds should not be invested in highly speculative investments or to fund your own business. However, by all means consider "non-traditional" or "alternative" investments that are risk and return competitive with "traditional" investments. Such investments, e.g., real estate, are only non-traditional in retirement funds. That's because brokerage houses have long controlled the retirement fund industry. Real estate based investments, while not a traditional retirement fund investment, are certainly one of the most traditional and conservative investments because they are backed with something that doesn't evaporate: land and buildings.

http://dealbook.nytimes.com/2012/10/30/the-risks-of-tapping-a-retirement-fund-for-an-alternative-use/

Individual retirement accounts and 401(k)'s are being used increasingly to invest in start-ups or commodities, but such maneuvers can leave users penniless in retirement.

Caveat re the Benefits of Solo-Ks and 401(k)s

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