ROBS plans, while not considered an abusive tax avoidance transaction, are questionable because they may solely benefit one individual – the individual who rolls over his or her existing retirement 401(k) withdrawal funds to the ROBS plan in a tax-free transaction. The ROBS plan then uses the rollover assets to purchase the stock of the new business. A C corporation must be set up in order to roll the 401(k) withdrawal.
In a direct transfer, account holders who want to move money work through their new provider rather than the old one. When setting up their new account, they have the new custodian initiate a transfer request, which moves the account directly from the old custodian. Using a direct transfer, the old custodian doesn’t always even have to sell all the investments within an account — they can sometimes transfer the account with the current portfolio intact.
Many IRAs allow only one rollover per year on an IRA-to-IRA transfer. The one-year calendar runs from the time the account holder made the distribution, and it does not apply to rollovers between traditional IRAs and Roth IRAs. Individuals who do not follow this rule may have to report extra IRA-to-IRA transfers as gross income in the tax year the rollover occurs.
Prior to EGTRRA, the maximum tax-deductible contribution to a 401(k) plan was 15% of eligible pay (reduced by the amount of salary deferrals). Without EGTRRA, an incorporated business person taking $100,000 in salary would have been limited in Y2004 to a maximum contribution of $15,000. EGTRRA raised the deductible limit to 25% of eligible pay without reduction for salary deferrals. Therefore, that same businessperson in Y2008 can make an "elective deferral" of $15,500 plus a profit sharing contribution of $25,000 (i.e. 25%), and—if this person is over age 50—make a catch-up contribution of $5,000 for a total of $45,500. For those eligible to make "catch-up" contribution, and with salary of $122,000 or higher, the maximum possible total contribution in 2008 would be $51,000. To take advantage of these higher contributions, many vendors now offer Solo 401(k) plans or Individual(k) plans, which can be administered as a Self-Directed 401(k), permitting investment in real estate, mortgage notes, tax liens, private companies, and virtually any other investment.
There are subtle differences between what is considered an IRA rollover, and what is considered an IRA transfer. The important thing to know - with either one for the rollover to be tax-free, the funds must be deposited in the new account no later than 60 days from the time they were withdrawn from the old one (unless it's a trustee-to-trustee transfer, as discussed in more detail below).
Account owners must begin making distributions from their accounts by April 1 of the calendar year after turning age 70 1/2 or April 1 of the calendar year after retiring, whichever is later. The amount of distributions is based on life expectancy according to the relevant factors from the appropriate IRS tables. For individuals who attain age 70 1/2 after December 31, 2019, distributions are required by April 1 of the calendar year after turning age 72 or April 1 of the calendar year after retiring, whichever is later.