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I’m curious if i can roll my 401k without penelties if i use it as an investment into a new startup business.

Don’t do it. Whether you can or not is irrelevent, but you should not touch your retirement money. Most new businesses fail, and it would be tough to replace that money.

In legal terms though, yes, you would be penalized for taking the money out early.

7 Responses

1. Paris Flea Says:
   September 29th, 2009 at 10:38 pm

   You will incure penalties
   References :

2. embem171 Says:
   September 29th, 2009 at 10:54 pm

   I believe you have to pay a penalty for early withdrawal but you should check with you advisor…the person that helped you set up the account. They can answer. It might differ based on the company policies.
   References :

3. theboz Says:
   September 29th, 2009 at 11:14 pm

   Don’t do it. Whether you can or not is irrelevent, but you should not touch your retirement money. Most new businesses fail, and it would be tough to replace that money.

   In legal terms though, yes, you would be penalized for taking the money out early.
   References :

4. bubbles Says:
   September 30th, 2009 at 12:01 am

   No. The only way you do not get penalized is to roll it over into a IRA. Or you have to be over a certain age to not get a big penalty.
   References :

5. rhsaunders Says:
   September 30th, 2009 at 12:36 am

   Almost certainly not. Check with a tax advisor to be sure, but it is certainly against the spirit of 401k (not to mention, unwise) to finance a high-risk investment with your retirement money. And a startup business is almost by definition high-risk.
   References :

6. Hoa N Says:
   September 30th, 2009 at 12:57 am

   Technically no, the IRS do not like the ideas use tax-shelter to fund another tax-shelter (like business expense,all kind of deduction)

   The only thing you could do is withdraw as a LOAN to fund your business and paid it back.the IRS limit is for a loan is 50K.

   but be careful,if the business doom, all thing bust loose. If the business have great return, that themost reward thing to do
   References :

7. Rrf00 Says:
   September 30th, 2009 at 1:21 am

   Yes, you can if you are able to roll your 401k into an IRA.

   Most 401k plans do not allow you to roll money out of the plan but
   some do. Or you can do the rollover to an IRA when you leave the company.
   You must roll the money into a self-directed IRA that allows you to invest in private equity. Most custodians of IRA plans do not allow this, but there are some that do.
   You may also have to set up an LLC inside the IRA according to the guideline of the custodian.
   References :

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