Solo 401k Real Estate Investing for Retirement

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Solo 401k real estate investing can be a game-changer for your retirement savings.

Solo 401k plans allow self-employed individuals to make tax-deductible contributions, with a maximum contribution limit of $57,000 in 2022.

Investing in real estate through a solo 401k can provide a steady stream of rental income and long-term appreciation in property value.

This can lead to a significant increase in retirement savings, potentially exceeding $100,000 in just a few years.

Investors can use a solo 401k to purchase a rental property, such as a single-family home or a multi-unit apartment complex.

Eligibility and Setup

To be eligible for a Solo 401(k) plan, you need to have self-employment activity and no full-time employees, excluding your spouse. This means if you're a real estate business owner with no employees, you're a good candidate for a Solo 401(k).

The Solo 401(k) is a great option for real estate business owners who file a Schedule C or a corporate or partnership tax return with no full-time employees. If you report real estate income on a Schedule E, it's likely not eligible for a Solo 401(k) because it's treated as passive income.

Here are the types of employees that may be excluded from coverage:

  • Employees under 21 years of age
  • Employees who work less than 1,000 hours annually
  • Union employees
  • Nonresident alien employees

Eligibility Requirements

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Any business can establish a SEP IRA, but to be eligible, the individual or entity must have a business and not just a hobby. To prove this, the business owner must file a Schedule C on Form 1040 as a sole proprietor or single member LLC, or a business tax return.

In contrast, a Solo 401(k) plan is suited for businesses with no employees or employees that may be excluded from coverage. To be eligible, an investor must meet two simple requirements: having self-employment activity and no full-time employees.

The business owner and their spouse are considered "owner-employees" rather than "employees", but certain types of employees may be excluded from coverage. These include employees under 21 years of age, employees who work less than 1,000 hours annually, union employees, and nonresident alien employees.

Only earned income from the business that adopted the plan is eligible to be contributed to a SEP IRA. This means that if you have a side hustle, you can still contribute to a SEP IRA, but only if you report the income on your business tax return.

Here's a quick rundown of the key differences between SEP IRAs and Solo 401(k) plans:

Checkbook Control Self-Directed Plan

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The Checkbook Control Self-Directed Plan is a great option for self-employed individuals and small business owners. This type of plan is created by the IRS specifically for individuals with no full-time employees.

With a Checkbook Control Self-Directed Plan, you receive a customized IRS-approved open architecture self-directed Solo 401(k) plan. This allows you to make traditional investments, such as stocks, and all IRS-approved alternative asset investments, like real estate.

You can contribute up to $66,000 per year ($73,500 if at least age 50) for 2023, which is ten times the maximum contribution amount of an IRA. Contributions can be made using pretax or Roth (after-tax) funds.

Here are some of the key benefits of a Checkbook Control Self-Directed Plan:

  • Borrow up to $50,000 tax- and penalty-free and use those funds for any purpose, whether personal or business
  • Invest in what you know and understand without tax, such as real estate, precious metals, tax liens, hard money loans, private businesses, and much more.
  • As trustee of the plan, making an investment is as easy as writing a check or executing a wire transfer.
  • Generate tax-deferred or tax-free income or gains on your plan investments
  • Open your Self-Directed Solo 401(k) plan at Capital One Bank – no need for a special custodian
  • Asset & creditor protection
  • Purchase real estate with leverage without triggering tax
  • Receive an IRS opinion letter confirming the legality of the plan

Types of Investments

With a solo 401(k), you can invest in a wide range of real estate investments, including raw land.

You can invest in residential homes, such as single-family homes or condos, as well as commercial property, like office buildings or retail spaces.

A couple and realtor discuss details in an unfinished property. Ideal for real estate themes.
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Apartments and duplexes are also viable options, offering the potential for steady rental income.

Condos and townhouses can be a good choice, providing a mix of rental income and potential long-term appreciation.

Mobile homes can be a unique investment opportunity, offering a lower-cost entry point into the real estate market.

Real estate notes and purchase options can also be used, providing a way to invest in real estate without directly owning the property.

Tax liens certificates and tax deeds can be used to invest in real estate, offering a potential source of income through tax payments.

Here are some examples of real estate investments you can make with a solo 401(k):

  • Raw land
  • Residential homes
  • Commercial property
  • Apartments
  • Duplexes
  • Condos/townhouses
  • Mobile homes
  • Real estate notes
  • Real estate purchase options
  • Tax liens certificates
  • Tax deeds

Investing in Real Estate

You can invest in real estate with a solo 401(k) plan. This allows you to diversify your portfolio and potentially earn tax-free income.

To invest in real estate with a solo 401(k), you need to follow certain rules. The property you invest in must be an income-generating property, and you or your family member cannot occupy it. You also cannot work at the property yourself, or it will be considered self-dealing.

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There are four methods to invest in real estate with your solo 401(k) account: cash, debt, LLC, and Tenants-in-Common (TIC). With cash, you own the property without owing anyone money. With debt, you can use a non-recourse loan to take funds from your 401(k) plan.

Some types of real estate investments you can make with a solo 401(k) include raw land, residential homes, commercial property, apartments, and more. You can also invest in real estate notes, purchase options, tax liens certificates, and tax deeds.

As the trustee of your plan, making an investment is as easy as writing a check or executing a wire transfer. You can generate tax-deferred or tax-free income or gains on your plan investments.

Retirement Plan Basics

A solo 401(k) is a retirement account designed for business owners without employees, offering higher contribution limits and self-directed investments.

Business owners can consider two types of solo 401(k) plans.

To open a solo 401(k), you can use your self-directed company 401(k) to invest in a variety of assets, including real estate.

The IRS has permitted solo 401(k) account holders to make real estate investments, which can provide a stable income and protect against inflation damage.

What Is a Retirement Plan?

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A retirement plan is a type of savings account that helps you prepare for the future. It's a way to set aside money for when you're no longer working, so you can live comfortably and pursue your passions.

You can set up a retirement plan through your employer, or you can create your own, such as a Solo 401(k). This type of plan is designed for self-employed individuals or business owners with no employees.

One of the benefits of a Solo 401(k) is that it allows for higher contribution limits compared to other retirement plans. You can also self-direct funds for investment, giving you more control over your savings.

There are two types of Solo 401(k) plans you can consider: one that allows for traditional investments like stocks, and another that allows for alternative asset investments, such as real estate and cryptocurrencies.

Real estate investing is a popular option for Solo 401(k) plans, as it can provide a steady income stream and potentially higher returns. However, it's essential to follow the rules and regulations set by the IRS.

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Here are four methods to invest in real estate with a Solo 401(k) account:

  • Cash: You can purchase a property using cash from your plan.
  • Debt: You can use a non-recourse loan to finance a property purchase.
  • LLC: You can set up a single-member LLC to invest in real estate through your Solo 401(k) plan.
  • Tenants-in-Common (TIC): You can invest in a property with other investors, including those outside of your Solo 401(k) plan.

Remember, it's crucial to understand the rules and regulations surrounding Solo 401(k) plans, including the definition of investment property and the prohibition on self-dealing.

Why Invest?

Investing in real estate can be a smart move for your retirement portfolio. The real estate industry is one of the most popular investment options among retirement holders.

Real estate provides a stable income, making it a great way to expand your retirement portfolio. During the inflation period, the value of real estate often tends to increase.

The inflation period can harm your retirement portfolio, but investing in real estate can be far more protective against inflation damage.

Rules and Regulations

Before investing in real estate with a solo 401(k) plan, it's essential to follow some strict rules.

The property must meet the definition of an investment property, which means you or a family member cannot occupy it. It's meant to be an income-generating property, not a personal residence.

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You'll need to be prepared to accept any losses on the investment, even if it's not what you wanted. If the investment takes a loss, you'll lose tax breaks, so it's crucial to consider this carefully.

To avoid self-dealing, you cannot work at the property yourself, even if you're a contractor. This means you'll need to hire someone else to work on the property.

Here are some key rules to keep in mind:

  • The property must be an income-generating investment property.
  • You cannot occupy the property or have a family member do so.
  • You cannot work at the property yourself, even as a contractor.
  • You must accept any losses on the investment, including losing tax breaks.

Tax and Financing

You can use a nonrecourse loan with a Solo 401(k) plan without worrying about tax implications, a huge advantage over the SEP IRA.

The UBTI tax, imposed by IRC 514, can trigger a 37% tax on income generated from a real estate investment if an IRA uses leverage to make a purchase.

With a Solo 401(k), you don't need to worry about UBTI, making it the better choice for self-employed real estate investors compared to the SEP IRA.

Tax-Free Leverage

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Tax-Free Leverage is a game-changer for real estate investors. With a Solo 401(k) plan, you can use a nonrecourse loan without incurring tax on the income generated from the investment.

One of the biggest advantages of the Solo 401(k) plan is its exemption from the UBTI tax under IRC 514. This means you don't have to worry about a 37% tax on the income generated from the financed portion of the property.

Real estate investors who use leverage to buy properties know its benefits firsthand. By not having to pay UBTI tax, you can keep more of your hard-earned money in your account.

Using a Loan to Buy a Primary Residence

You can borrow up to 50% of your Solo 401(k) balance, up to $50,000, to buy a primary residence. Susan, for example, used a Solo 401(k) loan to purchase her home.

The loan is tax- and penalty-free, and can be used for any purpose. The interest rate is the prime lending rate plus 1%.

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Plan loans must be paid back on a regular schedule over five years. However, if you use the loan to buy a primary residence, you can pay it back over a 15-year period.

You won't lose the loan privilege if you borrow from your Solo 401(k). This is a benefit not available if you borrow from a company-sponsored 401(k) and lose your job.

Maintenance and Expert Advice

Solo 401k real estate investing requires regular maintenance to ensure compliance with IRS regulations.

To avoid penalties, you must file Form 5500 annually and pay a $400 fee.

It's essential to keep accurate records of your investments, including receipts, invoices, and property valuations.

A solo 401k plan can be complex, but seeking expert advice from a financial advisor can help you navigate the process.

Maintaining a Property

Regular inspections are essential to maintaining a property, and should be done at least twice a year, or more often if you live in an area prone to extreme weather conditions.

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A roof inspection should be done to check for damaged, missing, or loose shingles, and to ensure that gutters and downspouts are clear of debris.

Checking for signs of pest infestation, such as termite damage or rodent droppings, can help prevent costly repairs down the line.

Maintaining a property's exterior requires regular cleaning of windows, doors, and siding to prevent dirt and grime buildup.

Painting the exterior of your property every 5-7 years can help protect it from the elements and maintain its curb appeal.

Landscaping and yard maintenance can also help maintain a property's value, and should include regular mowing, pruning, and fertilizing of plants and trees.

Expert

Solo 401(k) plans are designed for small business owners with no full-time employees other than the owner and their spouse.

These plans offer great flexibility in investment options, allowing plan owners to act as their own trustees and invest in the assets of their choice.

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Solo 401(k) plans are a great option for self-directed investors who want to diversify their retirement portfolio with alternative investments, such as real estate.

Susan, a university professor and independent consultant, invested her retirement savings in rental properties in her neighborhood, capturing great real estate deals thanks to her local knowledge.

Solo 401(k) plans can be a valuable tool for small business owners who want to take control of their retirement savings and invest in assets that align with their expertise and interests.

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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