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Can I use retirement funds for EB-5?

I have funds in a 401k retirement account. What is the process for using these funds toward an EB-5 investment? What kinds of penalties, if any, can I expect to pay? What should I keep in mind regarding the documentation of the legal source of my retirement funds, or other documentation?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Retirement funds, specifically 401ks, may be used toward EB-5 investment. However, you may be penalized if you are prematurely extracting the funds from your 401k retirement account. Please consult the 401k provider to determine the penalties, if any. Documents to prove the legal source of funds may include personal taxes, retirement account, and transfer of funds from retirement account.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Retirement funds can be used for EB-5 purposes. There might be penalties if you withdraw earlier. But from an immigration point-of-view, it''s legitimate. Statements for deposit and withdrawal should be submitted, along with information about this 401k fund.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    In regard to any penalties charged by your 401k provider, that is a matter to discuss with them. However, from an immigration standpoint, retirement funds can be acceptable as long as the funds are documented, including each deposit and withdrawal. If this is through your employer, proof of employment may also be required.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Funds from a retirement account are acceptable, provided they come from a lawful source. Given that your money is from a 401K, you shouldn''t have much of a problem. Regarding the penalties that depends on a number of factors. Feel free to contact us, as our immigration firm also has an in-house registered investment advisor to assist clients.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You may personally invest your retirement funds into the EB-5 project. You will have to show the legal source of your funds that you invested into the retirement account.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, these are acceptable assuming you can show that they were lawfully earned. You will need personal and business tax returns. The penalty will depend on your age when you withdraw. Check with the account where your retirement funds are located, and they can advise of any penalties.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Generally, 401k funds should be easy to document, but you will certainly have to realize the income for tax purposes, and may have early termination costs.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You could take a loan out of your 401k without any penalty, which normally needs to be repaid within 5 years. If you are over 59, then I think you could actually make a withdrawal without penalty, but you need to consult your tax/financial advisor, as well as the administrator of your 401k for that.

  • Avatar

    Rohit Kapuria

    Immigration Attorney
    Answered on

    You may certainly utilize your 401(k) funds for an EB-5 investment. However, in reference to the penalties, you would have to pay for early withdrawal. This is a conversation you should have with a qualified financial advisor.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Yes, you can use retirement funds. But to learn the potential tax and other penalties for withdrawing funds from a 401(k), you should speak with a tax and financial adviser. You should also discuss what other forms of documentation are needed to show how you originally funded your retirement earnings.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can use the funds from your retirement account to invest for an EB-5 Immigrant Investor processing. As long as you can document the legitimate/lawful source of these funds (i.e., retirement account balance and fund transfer from retirement account to the EB-5 commercial enterprise, etc), there shouldn''t be any problems with using such funds for the EB-5 processing.

  • Avatar

    Marc Yelnick

    Immigration Attorney
    Answered on

    Yes, from the USCIS perspective, you may use retirement funds. The trail from your 401K to the investment should be pretty easy to track. The penalty you could expect is a tax/accounting question.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you can use retirement funds for EB-5. You should consult with a tax specialist or retirement account financial adviser on the penalties and other possible consequences for early withdrawal of funds from such an account. You must fully document that the capital used for the EB-5 investment was lawfully obtained. You also should be prepared to document how you earned the funds that were deposited into your retirement account.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, you can use your retirement funds. The penalties are those that will be mandated by the 401k administration; additionally, as long as you are able to provide the source of funds, you should be okay.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes, you can certainly use that fund. However, the penalty and tax consequences issues should be discussed with a Tax Accountant, CPA.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You can use 401K investment funds in EB-5. Penalties will depend on your age at time of withdrawal of funds. This is something you should discuss with your tax adviser before making any withdrawal.

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