Dec 30

IRA Financial Group Offers Year-End Tax Planning Service For All Self-Directed IRA and Solo 401(k) Plan Clients

2015 year-end tax planning service will help IRA Financial Group Clients keep their self-directed retirement structures in IRS compliance

IRA Financial Group, the leading provider of “checkbook control” self-directed IRA and solo 401(k) plan solutions, is proud to offer all its self-directed retirement clients year-end tax planning service, which includes tax-consulting services. The 2015 year-end tax planning service will help clients keep their self-directed retirement structures in full IRS compliance, including an overview of the IRS prohibited transaction rules. “We are really excited about offering all our self-directed IRA and Solo 401(k) plan clients with 2015 year-end tax planning service to include a number of very exciting features,” stated Adam Bergman, a partner with the IRA Financial Group. “We are committed to helping our clients better understand all he IRS rules in connection with their self-directed IRA and Solo 401(k) plan, including the IRS prohibited transaction and the unrelated business taxable income rules,” stated Mr. Bergman.

IRA Financial Group Offers Year-End Tax Planning Service For All Self-Directed IRA and Solo 401(k) Plan ClientsThe year-end tax planning service will provide IRA Financial Group clients with important information on the following topics: (1) maximizing 401(k) and IRA contributions, (2) taking advantage of the Roth IRA and Roth 401(k) features, (3) ant-fraud prevention services, and making IRS approved investments with retirement funds. “We are hopeful that our twelve thousand plus clients take advantage of the expanded year-end tax planning services we are offering all our self-directed IRA LLC and solo 401(k) clients,” stated Mr. Bergman.

The IRA Financial Group was founded by a group of top law firm tax and ERISA lawyers who have worked at some of the largest law firms in the United States, such as White & Case LLP, Dewey & LeBoeuf LLP, and Thelen LLP.

IRA Financial Group is the market’s leading “checkbook control” Self Directed IRA Facilitator. IRA Financial Group has helped thousands of clients take back control over their retirement funds while gaining the ability to invest in almost any type of investment, including real estate without custodian consent.

IRA Financial Group proudly announces the latest book titled “The Checkbook IRA” written by tax partner Adam Bergman, which is now available on Amazon. This is the second book in a four-part series on self-directed retirement plans. The first book “Going Solo” is also available on Amazon.

To learn more about the IRA Financial Group, please visit our website or call 800-472-0646.

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Dec 28

Penalties for Engaging in Prohibited Transactions with a Self Directed IRA

Your investment may be disallowed under Internal Revenue Code Section 408 or result in a “Prohibited Transaction” under Internal Revenue Code Section 4975 and could result in the immediate disqualification of your IRA.

Although IRAs are generally not ERISA plans, the Department of Labor has jurisdiction over these plans for purposes of the prohibited transaction rules, including individual requests for exemptions from those rules.   There are two different consequences for incurring a prohibited transaction under the Code:

  • For the IRA owner, the IRA is deemed immediately disqualified as of January 1 of the year in which the prohibited transaction occurred (an extremely severe tax consequence), resulting in current income tax treatment of a traditional IRA and possible excise tax penalty for a premature withdrawal from an IRA. If this deemed “distribution” occurs, it will be subject to ordinary income tax and, if you were under the age of 59 1/2 at that time, a ten (10%) percent excise tax on premature distributions may also be assessed.
  • For the Disqualified Person involved in the transaction, the initial tax on a prohibited transaction is 15 percent of the amount involved for every year (or portion thereof) in the “taxable period,” which is the period beginning when the transaction occurs and ending on the date of the earliest of (1) the mailing of a notice of deficiency for the tax, (2) assessment of the tax, or (3) correction of the transaction. The 15% excise tax is followed by an additional tax of 100% if the disqualified person is recalcitrant.

Penalties for Engaging in Prohibited Transactions with a Self Directed IRA

The prohibited transaction rules are extremely broad. Thus, the IRA owner self directing his investments must be especially cautious in engaging in transactions that could compromise his best judgment or result in indirectly benefiting him.

Please contact one of our Self Directed IRA Experts at 800-472-0646 for more information.
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Dec 22

New Podcast – Don’t Believe the Hype – The Truth About Holding Precious Metals & Coins With a Self-Directed IRA

IRA Financial Group’s Adam Bergman discusses the truth behind the rules the IRS has set forth about holding precious metals with a Self-Directed IRA or Solo 401(k) Plan.

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Dec 21

Converting Any Retirement Plan to a Self Directed Roth IRA

IRA Rollovers to the Self-Directed Roth IRA Conversion

In general, Roth IRA conversions and retirement plan rollovers to a Roth IRA are taxable events. The reason for this is a Roth IRA is an after-tax account that allows for tax-free distributions if certain rules are satisfied.

A conversion is a taxable movement of cash or other assets, such as real estate, from a Traditional IRA, SEP IRA, or a SIMPLE IRA to a Roth IRA. Note – a SIMPLE IRA can only be converted to a Roth IRA after a two-year period, which begins on the date that the first SIMPLE IRA contribution was deposited.

Are there any Eligibility Requirements to do a Roth IRA Conversion?

Under the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) eliminated the eligibility restrictions for Roth IRA conversions, beginning with conversions made after January 1, 2010. Thus, beginning in January 1, 2010, there is no longer any eligibility requirements for making a Roth IRA conversion.

Due to this change, many individuals who earn to much to make a Roth IRA contribution, because earning limitations continue to apply to Roth IRA contributions, can contribute to a Traditional IRA and then complete a Roth IRA conversion.

Roth IRA Conversion Tax & Penalty Applications

An individual engaging in a Roth conversion to a Self-Directed Roth IRA LLC structure must pay tax on the Roth IRA conversion on a pro rata basis – the portion representing pretax assets is taxable in the year of the conversion, and the portion representing after-tax assets is not taxable. The taxpayer must file Form 8606 to determine the taxable portion of the conversion. The taxpayer must aggregate all the pre-tax IRA assets to determine the taxable and nontaxable assets.

Procedures for Doing a Self-Directed Roth IRA Conversion

A Roth IRA conversion can technically be completed either via a direct or indirect rollover. A conversion in which the check is made payable to the receiving financial institution for the benefit of the individual’s Roth IRA is a direct conversion. An indirect conversion occurs when the IRA holder requests and receives a distribution from his or her pre-tax IRA custodian and deposits the amount into a Roth IRA account within 60 days. Note – with an indirect Roth IRA conversion, the one rollover per 12-month restriction does not apply.

Reporting a Roth IRA Conversion to a Self-Directed Roth IRA

Because all conversions are generally subject to taxation, the financial organization distributing the pre-tax IRA assets must apply the withholding rules under Internal Revenue Code Section 3405. However, an exception applies to IRA funds that are being converted to a Roth IRA. The financial institution executing the Roth IRA conversion would report the conversion on the IRS Form 1099-R. On IRS Form 1099-R the amount being converted would be reported in Box 7, using distribution reason code 2, Early distribution, exception applies.

A Roth IRA conversion is a reportable transaction regardless of whether it was handled directly or indirectly.

Retirement Plan Rollovers to a Self-Directed Roth IRA

Eligible participants of a qualified retirement plan, such as a 401(k), 403(b), or 457(b) plan have been able to roll over plan assets to a Traditional IRA for several years. Since 2006, individuals have been allowed to roll over designated Roth account distributions to Roth IRAs, but not Traditional IRAs. However, beginning January 1, 2008, individual may roll over all employer plan assets to a Roth IRA.

Retirement Plan Rollovers to a Self-Directed Roth IRA

Eligible individuals may directly or indirectly roll over retirement plan assets to a Self-Directed Roth IRA. Like a Roth IRA rollover, indirect rollovers must be completed within 60 days after constructive receipt of the IRA assets.

Direct Rollover to a Self-Directed Roth IRA

When an individual directly rolls over an employee sponsored retirement plan distribution to a Self-Directed Roth IRA (excluding a designated Roth account rollover to a Roth IRA), the financial institution transferring the retirement funds must report the tax-free direct rollover distribution on IRS Form 1099-R, using code G, Direct rollover and rollover contribution. The receiving Self-Directed Roth IRA custodian must report the amount as a rollover contribution in Box 2 of IRS Form 5498.

Indirect Rollover to a Self-Directed Roth IRA

If an individual is eligible and takes a distribution from an employer sponsored retirement plan (i.e. 401(k) Plan), the financial institution sending the payment should make the check payable to the individual. If the distribution is eligible for a rollover, the payer financial institution must apply withholding. The payer financial institution must report such distributions on IRS form 1099-R using the applicable distribution code (code 1,4,7).

The plan participant would then be required to deposit the amount into a Traditional IRA account within 60 days. Once the funds have been deposited in a Traditional IRA account, the IRA funds can be converted into a Roth IRA. The new Self-Directed Roth IRA custodian receiving the rollover assets must report the amounts on IRS Form 5498 as a rollover contribution in Box 2.

To learn more about the Self-Directed Roth IRA conversion rules, please contact a tax professional at 800-472-0646.

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Dec 17

Congress Finally Making Tax Break for IRA Charitable Transfers Permanent

After much delay and taxpayer uncertainty, Congress is finally poised to make permanent a tax break for certain charitable donations of IRA assets.

Traditional IRA owners age 70 ½ can continue to directly donate up to $100,000 a year from those retirement accounts to their favorite charities. They won’t get a tax deduction, but the money won’t count as taxable income when contributed this way.

Charitable IRA TransfersThe provision for IRA charitable transfers has been highly popular since it was first passed in 2006. But its status has been a source of frustration to many, because lawmakers have nearly allowed it to expire five times, leaving donors in the dark for much of the year as to whether it would be extended. The latest proposal would be retroactive to the beginning of 2015. Making charitable IRA transfers is a great and efficient way to transfer retirement funds to a charity without having to incur a taxable distribution on the amount transferred. The donations count as part of the IRA owner’s required annual withdrawal—so if the owner’s minimum withdrawal is $18,000 in 2015 and she makes $8,000 of qualified donations with IRA assets, she only has to withdraw $10,000 for 2015. However, individuals over the age of 701/2 interested in making charitable donations must act quickly, as transfers must be made before the end of the year to count for 2015.

For more information, please contact a retirement tax expert at 800-472-0646.

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Dec 15

How Do You Set up a SEP IRA?

A Simplified Employee Pension or SEP is established by adopting a SEP agreement and having eligible employees establish SEP-IRAs. There are three basic steps in setting up a SEP, all of which must be satisfied.

A formal written agreement must be executed. This written agreement may be satisfied by adopting an Internal Revenue Service (IRS) model SEP using Form 5305-SEP, Simplified Employee Pension – Individual Retirement Accounts Contribution Agreement. A prototype SEP that was approved by the IRS may also be used. Approved prototype SEPs are offered by banks, insurance companies, and other qualified financial institutions. Finally, an individually designed SEP may be adopted.

How Do You Set up a SEP IRA?Each eligible employee must be given certain information about the SEP. If the SEP was established using the Form 5305-SEP, the information must include a copy of the Form 5305-SEP, its instructions, and the other information listed in the Form 5305-SEP instructions. If a prototype SEP or individually designed SEP was used, similar information must be provided.

A SEP-IRA must be set up for each eligible employee. SEP-IRAs can be set up with banks, insurance companies, or other qualified financial institutions. The SEP-IRA is owned and controlled by the employee and the employer sends the SEP contributions to the financial institution where the SEP-IRA is maintained.

Please contact one of our IRA Experts at 800-472-0646 for more information.

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Dec 14

The Difference Between a Traditional IRA and a Checkbook Control Self Directed IRA

An Individual Retirement Account (IRA) is a tax-deferred retirement account for an individual that permits individuals to set aside money each year, with earnings tax-deferred until withdrawals begin at age 59 1/2 or later (or earlier, with a 10% penalty).

The Difference Between a Traditional IRA and a Checkbook Control Self Directed IRAMany “traditional IRA” custodians advertise themselves as offering a Self Directed IRA with “checkbook control”, but what that really means is that you can direct your IRA as long as you direct into one of their offerings. In other words, in a “traditional IRA” with no “checkbook control”, you are generally only permitted to invest your IRA funds in investments in equities, mutual funds, bonds or investments offered by the custodian. Whereas, in the case of a “truly” Self Directed IRA LLC with “checkbook control”, a limited liability company (“LLC”) is established that is owned by the IRA account and managed by the IRA account holder. The IRA Holder’s IRA funds are then transferred by the Custodian to the LLC’s bank account providing the IRA holder with a “truly” Self Directed IRA LLC.

With a “truly” Self Directed IRA LLC, you will have total control over your IRA funds and you will no longer have to get each investment approved by the custodian of your account like in a “traditional IRA”. Instead, all decisions are truly yours. When you find an investment that you want to make with your IRA funds, simply write a check or wire the funds straight from your Self Directed IRA LLC bank account to make the investment. A “truly” Self Directed IRA allows you to eliminate the delays associated with an IRA custodian, enabling you to act quickly when the right investment opportunity presents itself.

Please contact one of our Self Directed IRA Experts at 800-472-0646 for more information.

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Dec 11

The Rollover Business Startup Explained

The Business Acquisition & Compliance Solution Structure (BACSS), also known as the “Rollover Business Start-Up” (“ROBS”) Solution, is an IRS and ERISA approved structure that allows an individual to use retirement funds, such as an IRA or 401(k), to purchase a new or existing business or franchise tax-free and penalty-free.

The ROBS arrangement typically involves rolling over a prior IRA or 401(k) plan account into a newly established 401(k) plan, which a start-up C Corporation business sponsored, and then investing the rollover funds in the stock of the new C Corporation.

What is the Difference between using a Self-Directed IRA Vs. ROBS structure to buy a business?

At first glance, using a Self-Directed IRA LLC to purchase stock in a corporation would seem to share many similarities with the ROBS structure.

With IRA Financial Group’s ROBS transactions, the structure typically involves the following sequential steps: (i) an entrepreneur or existing business owner establishes a new C Corporation; (ii) the C Corporation adopts a prototype 401(k) plan that specifically permits plan participants to direct the investment of their plan accounts into a selection of investment options, including employer stock, also known as “qualifying employer securities.”; (iii) the entrepreneur elects to participate in the new 401(k) plan and, as permitted by the plan, directs a rollover or trustee-to-trustee transfer of retirement funds from another qualified retirement plan into the newly adopted 401(k) plan; (iv) the entrepreneur then directs the investment of his or her 401(k) plan account to purchase the C Corporation’s newly issued stock at fair market value (i.e., the amount that the entrepreneur wishes to invest in the new business); and finally (v) the C Corporation utilizes the proceeds from the sale of stock to purchase an existing business or to begin a new venture.

With IRA Financial Group’s ROBS strategy, the newly formed business will also be able to borrow from third parties, pay salaries to employees (including shareholders/plan participants), and engage in other routine business transactions with disqualified persons. Commonly, a corporate officer or shareholder will make or guarantee loans to the business.

With a Self-Directed IRA LLC, an entrepreneur could use retirement funds to purchase business assets like with the ROBS strategy. However, that individual would not be able to be actively involved in the business, earn a salary, or even personally guarantee a business loan.

The Rollover Business Startup ExplainedThe recent U.S. Tax Court case Ellis v. Comm’r of Internal Revenue, No. 14-1310 (8th Cir. 2015) highlights the risk and limitations involved when using a Self-Directed IRA to purchase business assets. In the Ellis case, the taxpayers used IRA funds to invest in a corporation that ultimately purchased business assets. Because Mr. Ellis used an IRA and not a 401(k) Plan to purchase the C Corporation stock, Mr. Ellis was not able to earn a salary or personally guarantee a business loan, which ultimately was the cause of the IRS prohibited transaction rule violation.

If Mr. Ellis had used IRA Financial Group’s ROBS strategy, he would have been able to purchase business assets with retirement funds, earn a salary from the business, as well as personally guarantee the business loan without triggering the IRS prohibited transaction rules.

Legal Foundation for the ROBS Solution

An individual retirement account investor is able to use retirement funds to invest in an active trade or business with tax or penalty because the ROBS solution qualifies for a special exemption set forth under IRC 4975(d) to certain prohibited transaction rules. The exemption to the prohibited transaction rules under IRC 4975(d) is centered around ERISA Section 408(e). It is IRC Section 4975(d) and ERISA Section 408(e) which shields employers from scrutiny of routine (non-abusive) corporate transactions by the plan sponsor and other “disqualified persons,” which might otherwise constitute technical violations of the prohibited transaction rules (due to the employer-sponsored retirement plan’s ownership of employer securities). If the plan sponsor and other fiduciaries’ routine corporate transactions did not fall within the purview of ERISA Section 408(e), the prohibited transaction rules would needlessly prohibit a myriad of legitimate business transactions and would ultimately nullify the exemption that Congress intended to provide. To accomplish its intended effect, ERISA Section 408(e) must be read to exempt the natural and necessary commercial consequences of owning corporate stock, rather than just the stock purchase or divestiture.

Important tax and economic policy considerations also compel a different result for 401(k) plans than IRAs. Congress specifically intended to encourage 401(k) plans to invest in employer securities, within certain limits. The opportunity to invest in employer securities through retirement plans benefits employers and employees alike by aligning their economic interests.

Outside the context of ROBS arrangements, many 401(k) plans permit participants to invest in employer stock. A number of large 401(k) plans, including plans sponsored by Apple and Pepsi, include substantial allocations of employer stock.

To learn more about the benefits of the ROBS strategy, please contact a retirement tax expert at 800-472-0646.

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Dec 10

Take Advantage of These Roth IRA Advantages

Tax-Free Investing: The primary advantage of using a Self-Directed Roth IRA LLC to make investments is that all income and gains associated with the Roth IRA investment grow tax-free and will not be subject to tax upon withdrawal or distribution. This is because unlike traditional IRAs, you are generally not subject to any tax upon taking Roth IRA distributions once you reach the age of 59 1/2.

Investment Options: With the Self-Directed Roth IRA LLC, you can invest in almost any type of investment, including real estate, private business entities, tax liens, precious metals and commercial paper tax-free!

Diversification: With the Self-Directed Roth IRA LLC, you can invest in almost any type of investment, including real estate, allowing you to diversify and better protect your retirement portfolio.

“Checkbook Control”: With a Self-Directed Roth IRA LLC, you have even more advantages, including what’s called “checkbook control”. As manager of the Self-Directed IRA LLC you will have the ability to make IRA investments without seeking the consent of a custodian. Instead, all decisions are truly yours.

Access: With a Self-Directed Roth IRA LLC, you will have direct access to your IRA funds allowing you to make an investment quickly and efficiently. There is no need to obtain approvals from your custodian, or deal with time delays in awaiting approval from your custodian, or pay any review fees.

Speed: With a Self-Directed Roth IRA LLC, when you find an investment that you want to make with your IRA funds, simply write a check or wire the funds straight from your Self-Directed Roth IRA LLC bank account to make the investment. The Self-Directed Roth IRA LLC allows you to eliminate the delays associated with an IRA custodian, enabling you to act quickly when the right investment opportunity presents itself.

Lower fees: Another advantage to a Self-Directed Roth IRA LLC account is that you can save a lot of money on custodian fees. With the “checkbook control” Self-Directed Roth IRA LLC structure, you will not be required to seek custodian approval when making IRA investments allowing you to eliminate custodian transaction fees and account valuation fees.

Limited Liability: By using a Self-Directed Roth IRA LLC with “Checkbook Control”, your Roth IRA will benefit from the limited liability protection afforded by using an LLC. By using an LLC, all your Roth IRA assets held outside the LLC will be shielded from attack. This is especially important in the case of Roth IRA real estate investments where many state statutes impose an extended statute of limitation for claims arising from defects in the design or construction of improvements to real estate.

Asset & Creditor Protection: By using a Self-Directed Roth IRA LLC with “Checkbook Control”, the Roth IRA holder’s Roth IRA will be protected for up to $1 million in the case of personal bankruptcy. In addition, most states will shield a Self-Directed Roth IRA from creditors attack against the Roth IRA holder outside of bankruptcy. Therefore, by using a Self-Directed Roth IRA LLC, the Roth IRA will be generally protected against creditor attack against the Roth IRA holder.

Self-Directed Roth IRA LLC Structure

To view a diagram of the Self-Directed IRA LLC structure, please click the image below.

Self Directed IRA LLC

Please contact one of our IRA Experts at 800-472-0646 for more information.

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Dec 08

Why Choose IRA Financial Group as Your Self Directed IRA Facilitator?

Expertise: The IRA Financial Group was founded by a group of top law firm tax and ERISA lawyers who have worked at some of the largest law firms in the United States, such as White & Case LLP, Dewey & LeBoeuf LLP, and Thelen LLP. With our work experience at some of the largest law firms in the country, our tax professionals’ retirement plan and tax knowledge in this area is unmatched.

Leadership: IRA Financial Group is the market’s leading* Self-Directed IRA provider. We have helped over 8,000 clients establish IRS compliant Self-Directed IRA Plans and invest over $2.6 billion in alternative assets, such as real estate.

Prestige: IRA Financial Group and its founders have been featured on CBS News, PBS Nightly Business Report, and in over 100 major print publications, including Forbes, Fox Business, the Wall Street Journal, CNN Money, USA Today, The San Francisco Chronicle, Dallas Morning News, Law.com, American Lawyer, the Houston Chronicle, the Chicago Tribune, and many more.

Value: With IRA Financial Group, you no longer have to incur excessive fees to establish and administer an IRS compliant Self-Directed IRA LLC. We are committed to offering our clients customized professional services at a fair and reasonable price and we are able to deliver this by harmoniously blending professionalism, quality and efficiency.

Our Promise: If for any reason you elect to not go through with the Self-Directed IRA LLC structure, you will not be responsible for paying our one-time set-up fee – it’s that simple – no questions asked! Cancel anytime – we understand that in some cases plans change or an anticipated transaction does not materialize and we certainly don’t believe it would be fair to our clients to impose a fee for a structure that won’t be needed.

Access: When choosing the IRA Financial Group, you will have direct and unlimited access to our in-house tax and ERISA professionals, as well as our in-house CPAs. Unlike our competitors, we don’t limit your access to our tax professionals; in fact, you will likely have the opportunity to talk with one of them before you even get started. In addition, each client of the IRA Financial Group is assigned a retirement tax professional to assist in establishing an IRS compliant Self-Directed IRA LLC.

Security: IRS rules require your retirement funds to be transferred from custodian to custodian. We at the IRA Financial Group never have access to your retirement funds in any way. You, as the manager of the IRA LLC, will be the only party with direct access to your retirement funds – true “Checkbook Control”.

Integrity: We are guided by the rules of ethical conduct in all that we do. Our relationships with clients are built on trust, respect, and confidentiality.

Results: We are committed to our clients’ satisfaction and strive to meet and exceed our clients’ expectations.

Guarantee: The IRA Financial Group is fully committed to offering IRS compliant self-directed retirement structures and accordingly offers a full IRS audit guarantee in connection with the validity of the Self-Directed IRA LLC. The IRA Financial Group stands by the legality of the Self-Directed IRA LLC and will fully defend its merits against any IRS audit.

We respect your time! You will never be pestered by a salesperson or receive unsolicited emails!

The mission of IRA Financial Group is to empower prospective clients with relevant information needed to make informed decisions on investment activities conforming to tax law and IRS rules.

We leave the ball in your court to decide if you wish to proceed with us. Of course, we would welcome the opportunity to work with you. If you decide to be our client, we will be here for you step-by-step to set up the right structure for you and to help to make sure you implement it correctly.

Once again, we will not send unsolicited follow-up communications from our tax experts – we just respect your privacy and time.

Get started today: Getting started is quick, easy, and inexpensive. We take a small deposit up front to cover LLC state filing fees or Solo 401(k) Plan establishment costs, and our one-time set-up fee is only due once the structure has been established. In addition, our fee can be paid in full using your retirement funds.

Self Directed IRA LLC, Solo 401K, Business Acquisition Solution

IRA Financial Group will take care of setting up your entire IRS compliant Self-Directed IRA LLC. The whole process can be handled by phone, email, fax, or mail and typically takes between 7-21 days to complete, the timing largely depending on the state of formation and the custodian holding your retirement funds. Our tax and ERISA professionals are on-site greatly reducing the set-up time and cost. Most importantly, each client of the IRA Financial Group is assigned a retirement tax professional to help with the establishment of the Solo 401k Plan. You will find that our fee for this service is significantly less than other companies that perform the same or similar services.

Contact us @ 800.472.0646 to speak with an IRA Expert today!

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