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Money Matters ● 63<br />

GREAT<br />

IDEA<br />

Invest in Yourself by Tapping<br />

Your 401(k)<br />

After losing his engineering job at Whirlpool in 2009,<br />

Mike Tilley decided it was time to work for himself.<br />

He researched a variety of franchises before he <strong>and</strong> his wife, Cathy, bought<br />

an existing Mr. H<strong>and</strong>yman franchise in Kalamazoo, Michigan, by cashing<br />

in his 401(k) retirement fund.<br />

Tilley used the money to pay the $60,000 franchise fee <strong>and</strong> invested<br />

another $158,000 to buy equipment <strong>and</strong> to cover other business expenses.<br />

“You really need to believe in yourself to do this,” said Tilley. He was<br />

lucky. His franchise was breaking even by the third month <strong>and</strong> was on the<br />

road to profitability by the end of the first year.<br />

Tilley is one of thous<strong>and</strong>s of former corporate executives taking<br />

advantage of a little-known transaction called a “rollover as business startup”<br />

by the IRS. It is also informally known as the “entrepreneur rollover<br />

stock ownership plan” or ERSOP. Although pension experts say the IRS<br />

might scrutinize taxpayers who tap into their retirement accounts to fund<br />

businesses, it is still an attractive option to consider, if done right.<br />

“The penalties for not complying with the rules are staggering,” said Cliff<br />

Ennico, an attorney based in Fairfield, Connecticut, who counsels clients cashing<br />

in their retirement funds to purchase businesses. “If the IRS determines<br />

that a 401(k) rollover is a prohibited transaction, it can trigger excise taxes on<br />

top of taxes, interest, <strong>and</strong> penalties for premature distribution of 401(k) funds.”<br />

It’s a good idea to work with a company that specializes in these transactions.<br />

BeneTrends Inc., founded by Leonard Fischer, is based in North<br />

Wales, Pennsylvania. Every year, the company helps thous<strong>and</strong>s of new<br />

entrepreneurs execute these rollover transactions.<br />

“At the end of the day, all we are doing is helping clients invest in themselves,”<br />

said Fischer, who has been dealing with pension <strong>and</strong> profit-sharing<br />

issues for 50 years.<br />

Fischer said it works like this: clients set up a new corporation with a<br />

defined contribution plan <strong>and</strong> roll over the money from their 401(k) into<br />

the “qualifying employer securities” or stock in the new company. “It’s their<br />

job to make the money,” said Fischer. “It’s our job to make sure they are in<br />

compliance with all tax laws.”

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