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#retirement-plans

Retirement Plans

Explore retirement plan options, contribution limits, and strategies for business owners

ERISA Fiduciary Duties for 401(k) Plan Sponsors: Personal Liability and the 3(38) Investment Manager

ERISA Section 409 imposes personal liability on 401(k) plan fiduciaries, and the corporate veil does not shield small business owners. This guide explains the prudent-expert standard, the Tibble v. Edison duty to monitor, and how hiring a Section 3(38) investment manager shifts investment discretion — and most related liability — away from the plan sponsor.

Mandatory Roth Catch-Up Contributions in 2026: Why High Earners Over $150,000 Are Losing the Pre-Tax Choice

Beginning January 1, 2026, SECURE 2.0 forces employees with prior-year FICA wages above $150,000 to make 401(k) catch-up contributions on a Roth basis—$8,000 standard, $11,250 for ages 60–63—with no pre-tax option. Here is exactly who is affected, what it costs in real dollars, and the steps to take before the first paycheck of 2026.

401(k) Hardship Withdrawals and Plan Loans Under SECURE 2.0: When to Tap Retirement Funds Without Wrecking Your Future

A record 6% of 401(k) participants took a hardship withdrawal in 2025. This guide compares hardship withdrawals, plan loans, and SECURE 2.0 penalty-free distributions—with the actual tax math, deemed-distribution traps, and a decision framework for when to tap retirement funds.

ESOP Section 1042 Rollover: How C-Corp Owners Can Sell to Employees and Defer (or Eliminate) Capital Gains Tax

Section 1042 of the IRC lets a C-corporation owner selling shares to an ESOP defer federal capital gains tax indefinitely — and potentially eliminate it through step-up at death. This guide covers the five qualifying conditions, what counts as Qualified Replacement Property, the floating-rate-note diversification strategy, and the trade-offs founders should weigh against a strategic sale.

ROBS Rollover for Business Startups: How to Use Retirement Funds to Finance a Small Business Without Tax or Penalty

A working guide to Rollover as Business Startup (ROBS) arrangements — the five required steps, why only a C corporation qualifies, the Form 5500 and prohibited-transaction rules, IRS-documented failure rates, and when alternatives like SBA loans or 401(k) participant loans make more sense.

Mega Backdoor Roth: How High Earners Stash $47,500+ Per Year in Tax-Free Retirement Accounts

In 2026, the Mega Backdoor Roth can move up to $47,500 of after-tax 401(k) money into Roth above the $24,500 elective deferral limit. This guide covers how the strategy works, the three plan features it requires, how the 401(k) pro-rata rule differs from the IRA version, and the mistakes that quietly erode its value.