Understanding the Solo 401k Plan Document for Retirement Savings

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The Solo 401k plan document is a crucial component of retirement savings for self-employed individuals and small business owners. It's a complex document, but understanding its key features can help you make the most of your retirement savings.

A Solo 401k plan allows you to contribute up to 20% of your net earnings from self-employment, up to a maximum of $57,000 in 2022. This means that if you earn $100,000 from your business, you can contribute up to $20,000 to your Solo 401k.

The plan document outlines the rules and regulations for your Solo 401k, including the eligibility requirements and contribution limits. It's essential to review the document carefully to ensure you're in compliance with the IRS regulations.

The Solo 401k plan document also outlines the investment options available to you, such as stocks, real estate, and mutual funds. You can choose to invest your contributions in a variety of assets to grow your retirement savings.

Plan Types

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A solo 401k plan document offers several plan types to choose from, each with its own set of benefits and requirements.

The Safe Harbor plan type allows for higher contributions and is a good option for those who want to maximize their retirement savings. It requires employer matching contributions and imposes certain distribution rules.

The Non-Safe Harbor plan type, on the other hand, offers more flexibility in terms of contribution rules and distribution options. However, it may not be as beneficial for those who rely heavily on employer matching contributions.

Traditional vs Roth

Traditional 401k plans allow for pre-tax contributions, which lower your taxable income for the year. This means you'll pay taxes when you withdraw the funds in retirement.

With a Roth 401k, you make after-tax contributions, and your funds grow tax-free. You won't be taxed on withdrawals in retirement, which can be a big advantage.

Not all solo 401k plans offer a Roth portion, so be sure to check with the company you're considering. If they do offer it, you'll need to make sure it's part of their solo 401k plans.

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The key difference between traditional and Roth 401k contributions is the timing of the tax hit. With traditional, you defer taxes until retirement, while with Roth, you pay taxes upfront.

Here's a quick summary of the two options:

Keep in mind that you may or may not need to open two separate solo 401k plan accounts to take advantage of both components, depending on the company you use.

One-Participant Plan

A one-participant 401(k) plan is a type of retirement plan designed for self-employed individuals and small business owners. It's often referred to as a solo 401(k).

The plan administrator, which is the business owner, wears two hats: employee and employer. Contributions can be made to the plan in both capacities, allowing for significant tax deductions and tax optimization.

The business owner can contribute up to 100% of their compensation as an employee, and up to 25% of their net earnings from self-employment as an employer. The total contributions to the plan cannot exceed $69,000 for 2024, or $66,000 for 2023.

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A one-participant 401(k) plan is generally exempt from nondiscrimination testing, unless the business owner hires employees who meet the plan eligibility requirements. In this case, the plan must meet the rules of the Internal Revenue Code, and the business owner must include the employees in the plan.

The plan requires an annual report on Form 5500-EZ if it has $250,000 or more in assets at the end of the year. However, if the assets are below $250,000, there is no annual reporting requirement.

Here are the contribution limits for a one-participant 401(k) plan:

Defined Benefit and Cash Balance Plans

Defined Benefit and Cash Balance Plans can be a great option for tax-advantaged retirement savings, especially for those with high self-employed income.

These plans are more similar to pensions than 401ks and offer the ability to contribute large amounts of money pre-tax, reducing taxable income.

They are a lot more complicated and expensive to maintain than a solo 401k, requiring professional management and oversight.

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This means they're not a DIY endeavor, and you'll need to seek professional help to set one up and manage it.

However, if you've maxed out solo 401k contribution limits, these plans can be worth exploring for the potential to save even more pre-tax.

Cash balance plans can be a great option to learn more about, and our defined benefit cash balance plans page is a good resource to start with.

Plan Setup

Setting up a solo 401(k) plan is a relatively easy process that can usually be completed online or in a branch office of your brokerage. You'll set yourself up as the plan administrator (employer) side and then treat yourself as a plan participant (employee) side.

To start, you'll need to complete the necessary paperwork and provide required documentation to establish your plan. This typically involves filling out an application form provided by the solo 401(k) provider, which will ask for basic personal and business information.

You'll also need to provide plan documents, which may be bundled with the account or provided by a third-party administrator (TPA). If your plan documents support it, you may set up two accounts: a Traditional Solo 401(k) and a Roth Solo 401(k), to separate pre-tax and Roth money.

Retirement Plan Setup

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Setting up a retirement plan can be a straightforward process, but it's essential to choose the right type of plan for your situation. A solo 401(k) plan is a great option for self-employed individuals or business owners with no employees.

You can set up a solo 401(k) plan online or through a branch office of your brokerage. The process typically involves setting up two accounts: a Traditional Solo 401(k) and a Roth Solo 401(k), to separate pre-tax and after-tax contributions.

To set up your solo 401(k) account, you'll need to complete an application form and provide required documentation, including your business information and financial situation. You may also need to sign plan documents, which can be provided by a custodian or a Third-Party Administrator (TPA).

The specific requirements for setting up a solo 401(k) plan may vary depending on your provider, but generally, you'll need to provide basic personal information, business details, and financial data. This will help ensure that your plan is set up correctly and compliant with regulations.

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Here are the key steps to set up a solo 401(k) plan:

  • Choose a provider and set up your account
  • Complete the application form and provide required documentation
  • Sign plan documents, if necessary
  • Set up two accounts: a Traditional Solo 401(k) and a Roth Solo 401(k)

By following these steps, you can establish a solo 401(k) plan that meets your needs and helps you achieve your retirement goals.

Account Rollovers

Setting up a Solo 401(k) plan can be a bit complex, but understanding account rollovers can help simplify the process.

Not all Solo 401(k) plans accept incoming rollovers, so it's essential to check the plan document first.

If your plan does accept rollovers, you can transfer money from a traditional IRA, SEP, Qualified Plans, Keoghs, 401(k), 403(b), or governmental 457 plans into your Solo 401(k) plan.

SIMPLE IRAs are eligible for rollover after a two-year holding period is met.

You can also roll over a traditional Solo 401(k) plan to another traditional 401(k) plan or into a traditional IRA or rollover IRA.

Designated Roth accounts in a Solo 401(k) plan can be rolled over to another 401(k) plan with designated Roth accounts or to a Roth IRA.

Plan Requirements

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To create a solo 401k plan document, you'll need to carefully review and complete the plan requirements. The plan document must be in writing and must be signed by the plan administrator, which can be the business owner or another individual.

The plan document must include the plan name, the name and address of the plan administrator, and the effective date of the plan. It should also describe the eligibility requirements for plan participation, including the age and service requirements for employees.

The plan document must also outline the plan's contribution rules, including the types of contributions allowed, the vesting schedules, and the distribution rules.

401k EIN Requirements

You may need an EIN for your solo 401k, depending on where you set it up. If you plan to invest in alternative investments where you're a partner or receive a 1099 or K1, use the solo 401k EIN, not your business EIN.

The solo 401k EIN is free to obtain from the IRS and can be registered online in just a few minutes. You can also mail in IRS form SS-4.

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To register, you'll need the name, address, and phone number of the employer, the name of the trustee of the plan, and the name of the plan. These details must match your plan adoption agreement/plan documents.

It's essential to discuss this with your accountant to ensure everything is done correctly.

Understanding Deadlines

Contributions must be made by the tax filing deadline, including any extensions, to ensure they're valid.

For most self-employed individuals, this means contributing by April 15th of the following year.

You have until October 15th to make your contributions for the previous tax year if you file for an extension.

If you operate as an S-corp, you need to get your employee contributions in before the end of the year to reflect them properly in your payroll.

It's crucial to adhere to these deadlines to avoid any issues with your contributions.

Plan Benefits

A solo 401k plan document offers several benefits to self-employed individuals.

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You can contribute up to the current year employee max contribution for a 401(k) as an employee, and up to 25% of your net earnings from self-employment as an employer.

The solo 401k allows for dual contributions, enabling you to contribute as both an employee and an employer, potentially increasing the amount you can contribute overall.

Roth contributions aren't restricted by income, giving you more flexibility in your retirement savings strategy.

You can also invest in a wide range of assets, including stocks, bonds, real estate, and even alternative investments like precious metals or cryptocurrencies.

Pre-tax (or "Traditional") contributions made to a solo 401k are tax-deferred, meaning you don't pay taxes on that income until you withdraw it in retirement.

Here are some key benefits of a solo 401k plan:

Plan Structure

A Solo 401(k) plan is created with plan documents that are drafted for you by a provider like Rocket Dollar.

You'll need to establish two separate Trust Bank Accounts for Traditional and Roth designations, which allows for both types of accounts under the same set of plan documents.

The plan documents will be created via a provider, and a bank account will be opened for the plan where you can roll in funds or make contributions.

Retirement Plan Structure

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A Solo 401(k) plan is a relatively easy process to set up, usually completed online or in a branch office of your brokerage.

You'll set yourself up as the plan administrator (employer) side and then treat yourself as a plan participant (employee) side. Both can usually be managed through the same website.

You can manage your Solo 401(k) plan online or in a branch office of your brokerage.

The plan documents will be created for you via a provider, such as Rocket Dollar, who will draft the proper paperwork to establish your Solo 401(k).

You'll have a bank account opened for the plan, where funds will be rolled into or where you will make contributions.

From that same account, you will send and receive money for investments.

A Solo 401(k) plan allows for both Traditional and ROTH “buckets” under the same set of plan documents.

It's essential to have two separate Trust Bank Accounts for Traditional and Roth designations.

Loan Provisions

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If your Solo 401(k) plan document has a loan provision, you can take a loan from the plan.

Loans are limited to 50% of the total 401(k) value, up to a maximum of $50,000.

The loan repayment term is generally 5 years, although it can be extended to 10-15 years if the loan is used for the purchase of a primary residence.

The loan interest rate is typically the Prime Rate or Prime plus 1% or 2%, depending on the Solo 401(k) provider.

Failure to pay the loan according to the terms can trigger taxes and early withdrawal penalties, since the IRS deems the unpaid loan as an early distribution from the retirement account.

Designated Roth Accounts

Designated Roth accounts in a Solo 401(k) plan are a game-changer for high-income self-employed individuals who want to make Roth contributions.

The income limitations for contributing to a Roth IRA do not apply to making designated Roth contributions to a Solo 401(k) plan. This means you can contribute to a Roth account even if you have a high income.

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Designated Roth accounts can only receive after-tax contributions, not employer contributions. The employer contributions must be made to the pre-tax Solo 401(k) account.

Ordering rules for Roth IRA distributions do not apply to designated Roth accounts. Instead, any distribution from the account is prorated according to the proportion of account basis and earnings in the account.

Withdrawals of earnings from a designated Roth account are subject to a penalty tax if they are taken prior to age 59 1/2 and if the account has not passed a five-year holding period. The five-year holding period does not carry over to a Roth IRA rollover.

Plan Management

Setting up a Solo 401(k) plan is relatively easy and can be completed online or in a branch office of your brokerage.

You'll need to set yourself up as the plan administrator (employer) side and treat yourself as a plan participant (employee) side, both of which can usually be managed through the same website.

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To make contributions to your Solo 401(k), you can set up automatic transfers from your business bank account to your Solo 401(k) account, ensuring consistent contributions and helping you stay on track with your retirement savings goals.

Alternatively, you can make lump sum contributions at any time as long as you meet the contribution deadlines mentioned earlier.

It's essential to keep track of your contributions and maintain accurate records, which will help you stay organized and make it easier to report your contributions on your tax returns.

If your business is an S-corp, you'll need to report the contributions on your payroll so that your W-2 properly reflects your contributions.

The specific investment options available to you may vary depending on your chosen provider, but generally, you'll have the flexibility to invest in stocks, bonds, mutual funds, real estate, and more.

Before making investment decisions, consider your risk tolerance, investment goals, and time horizon, and remember that diversification is crucial to spreading the risk across different asset classes.

A Solo 401(k) is created with plan documents created for you via a provider, which will draft the proper paperwork to establish your Solo 401(k), and a bank account will be opened for the plan where funds will be rolled into or where you will make contributions.

Frequently Asked Questions

Who files form 5500 for Solo 401k?

You're required to file Form 5500-EZ if your Solo 401(k) has $250,000 or more in assets at the end of the year. Plans with fewer assets may be exempt, but check the specific requirements for your plan.

Do I need a TPA for a Solo 401k?

No, you don't need a third-party administrator (TPA) for a Solo 401k, as you can act as your own administrator. Learn how to fulfill this role and make it work for your retirement plan.

Doyle Macejkovic-Becker

Copy Editor

Doyle Macejkovic-Becker is a meticulous and detail-oriented copy editor with a passion for refining written content. With a keen eye for grammar, syntax, and clarity, Doyle has honed their skills across a range of article categories, including Retirement Planning. Their expertise lies in distilling complex ideas into concise, engaging prose that resonates with readers.

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