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ROBS Explained: How to Fund Your Business with Retirement Savings

Talcott Forge Team · January 22, 2026

If you have retirement savings sitting in a 401(k) or IRA, you might be able to use that money to fund your business -- tax-free and penalty-free -- through a strategy called ROBS (Rollovers as Business Startups).

What is ROBS?

ROBS allows you to roll over your retirement funds into a new 401(k) plan sponsored by your C Corporation, which then uses those funds to purchase stock in your company.

Key benefit: Access your retirement capital without the typical 10% early withdrawal penalty or income taxes.

How ROBS Works

  1. Form a C Corporation - Must be a C Corp (not LLC or S Corp)
  2. Create a 401(k) plan - Your new company sponsors a retirement plan
  3. Roll over funds - Transfer money from existing retirement accounts
  4. Purchase company stock - The 401(k) buys shares in your C Corp
  5. Use the capital - Your business now has operating capital

Is ROBS Right for You?

Good fit if you:

  • Have $50K+ in retirement savings
  • Need immediate business capital
  • Don't want debt or to give up equity
  • Are committed to running this business full-time

Not ideal if:

  • You have limited retirement savings
  • You're not ready to go full-time
  • Your business is high-risk/speculative

Compliance is Critical

ROBS arrangements are legal but heavily scrutinized by the IRS. You must:

  • Maintain proper 401(k) documentation
  • File annual 5500 forms
  • Ensure arms-length transactions
  • Pay yourself reasonable compensation

See if Nexus 401(k) works for your situation

If the structure in this article fits, the fastest way to confirm is to run the eligibility check.

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