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Deal Structure · Retirement Funding

ROBS: fund a purchase with your 401(k)

ROBS funds your SBA down payment from retirement savings penalty-free, but risks your nest egg.

The short answer: ROBS (Rollovers as Business Startups) lets you use 401(k) or IRA money to fund a business you own, no early-withdrawal penalty, no income tax on the rollover. You form a C-corporation, roll your retirement into a new company 401(k), and that plan buys stock in the C-corp, handing the business cash. Because it's treated as your equity (not a loan), it can fund the entire SBA equity injection. Real cost: ~$4K, $7K setup plus ~$130, $150/month, and your retirement is at risk.

How ROBS works, step by step

ROBS isn't a loan and isn't a withdrawal, it's an investment your retirement plan makes into your own company. The four steps:

  1. Form a C-corporation. ROBS only works with a C-corp, because the plan has to buy corporate stock.
  2. Create a new 401(k) plan for that corporation.
  3. Roll your existing 401(k)/IRA into the new plan, tax-free, penalty-free.
  4. The plan buys stock in the C-corp. The corporation now holds the cash and uses it to buy the business.

No 10% early-withdrawal penalty, no income tax on the rollover, and no monthly payment like a 401(k) loan would carry. That's the appeal.

ROBS turns your retirement account into an investor in your own business. The upside, and the downside, are both yours.

Why ROBS pairs so well with an SBA loan

Most funding sources can't be your SBA down payment if they're borrowed. ROBS is different: the SBA treats it as genuine equity, so it can fund the full 10% injection, even the half a seller note can't cover. Here's a $1,000,000 deal where ROBS supplies the entire injection:

ROBS-funded capital stack, $1,000,000 business
SourceAmount% of priceNotes
SBA 7(a) bank loan$900,00090%Senior debt
ROBS (rolled 401(k)/IRA)$100,00010%Counts as your full equity injection
Total$1,000,000100%$0 new personal cash, but retirement at risk

Your out-of-pocket cash is $0, but you've moved $100,000 of retirement savings into one business. Model the resulting loan and DSCR with the SBA loan calculator and confirm the price with the max purchase price calculator.

ROBS provider comparison

You don't set up a ROBS yourself, you use a specialist provider who handles the C-corp, the plan, and ongoing compliance. The main players:

Major ROBS providers, indicative 2026 pricing
ProviderSetupMonthly adminNotes
Guidant Financial~$4,995~$139Largest by volume; independent outside attorney reviews each deal; ~$14K over 5 yrs
Benetrends~$4,995~$145Invented ROBS (1983); 40+ yrs, strong compliance record; first-year all-in often $6K, $7K
Pango Financial~$4,595~$115Often lower ongoing fees; DreamSpark package
My Solo 401k / othersvariesvariesSmaller shops; compare compliance support carefully

Pricing is indicative and changes; confirm current fees directly with each provider. Fee differences matter less than compliance support, a disqualified plan costs far more than any setup fee.

The real risks

This is your retirement on the line

ROBS is legitimate and IRS-recognized, but the downsides are serious: your nest egg is concentrated in one business, the C-corp structure and annual compliance add cost and complexity, the IRS scrutinizes ROBS plans, and errors can trigger plan disqualification, retroactive taxes plus penalties. You must also run an annual business valuation and offer the plan to eligible employees.

  • Concentration risk: if the business fails, so does that chunk of your retirement.
  • C-corp required: double taxation and more admin than an S-corp or LLC.
  • Ongoing compliance: annual valuation, Form 5500 filings, nondiscrimination testing.
  • Provider dependency: you're relying on them to keep the plan compliant for years.

Weighing ROBS vs a HELOC or investors?

Each fills the equity layer differently, see which fits your risk tolerance.

Frequently asked questions

A structure that lets you use 401(k) or IRA funds to invest in a business you own and operate, without early-withdrawal penalties or income tax on the rollover. You form a C-corp, roll retirement funds into a new company 401(k), and that plan buys C-corp stock, giving the business cash.

Yes. ROBS is one of the few sources that can fund the full SBA equity injection because it's treated as your own equity, not borrowed money. It's commonly combined with a 7(a) loan to cover the 10% injection without draining personal cash.

Setup is typically ~$4,000, $7,000 in the first year plus ~$130, $150/month admin. Over five years the all-in cost from major providers is often $12,000, $15,000, covering C-corp formation, plan creation, and ongoing compliance.

You put retirement savings into a single business, the structure needs a C-corp and ongoing compliance, the IRS scrutinizes ROBS plans, and errors can trigger plan disqualification with taxes and penalties. Annual valuations and employee-eligibility rules also apply.

Sources

  1. ROBS mechanics and IRS treatment, IRS ROBS guidance; Guidant Financial and Benetrends provider documentation (2026).
  2. Provider fees and comparison, richdadretirement.com and fitsmallbusiness.com ROBS provider reviews (2026). Indicative only; confirm with each provider.
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Educational only, not financial, legal, or tax advice, and not a loan offer. ROBS puts retirement funds at risk and carries IRS compliance obligations; consult a qualified ROBS provider, CPA, and ERISA attorney before proceeding.