Rules Change Regarding Offering Solo 401k Plan To Par
QUESTION 5: Have the rules changed for 2020 regarding whether I can still fund my solo 401k if I have two part-time employees that work less than 1000 hrs/year, but more than 500 hrs/year? Would I have to open up retirement accounts for them?
ANSWER: In short yes resulting from the SECURE Act, but it would be for those part-time employees who satisfy the new rule by 2024. Effective for tax year 2021 , solo 401k plans will need to be offered to part-time employees who have three consecutive 12-month periods of 500 hours of service and who satisfy the plans minimum age requirement. Hours of service during 12-month periods beginning before January 1, 2021, are not taken into account for this rule. We are waiting for the IRS to release more guidance on this new rule in 2020. See Section 112 of the ACT for more information.
Last Weeks Most Popular Solo 401k FAQs
How Do You Set Up A Self
It is easy to set up a self-employed 401 plan with many 401 administrators. You can also open a solo 401 online. To set one up, you will need an Employer Identification Number , which you can get from the IRS. You also need to complete a plan adoption agreement and an account application. Self-employed 401s are easy to administer and attract low maintenance fees because they involve only one or two people.
Before choosing a plan administrator, it is important to compare their fees before you sign up. You may also want to choose an administrator that allows you to invest your retirement savings into a broad range of assets including mutual funds, ETFs, CDs, stocks, and bonds. Other features to look for include 24-hour multi-channel support, investment advisory, low fees, and positive customer reviews. Once youve completed the paperwork, and the plan becomes active, the only thing you have to do is to set contribution levels and choose investments.
Self-employed 401 plans have no annual minimum contribution requirements. In good years, you can make the maximum contributions and reduce your savings when the cash flow is low. But once you have up to $250,000 in the account, you must file IRS Form 5500-EZ to report the financial status of your solo retirement plan to the tax authorities.
Alternatives To A Solo 401
There are basically two options in addition to the solo 401 for freelancers and independent contractors who want to save for retirement and get the tax advantages that go with these IRS-approved choices:
- The , for Simplified Employee Pension, is designed to be an easy, flexible option for small businesses with employees. It works much like a traditional IRA but has higher contribution limits. The limits are the same as for the Solo 401: $58,000 for 2021 and $61,000 for 2022. However, your contribution cannot exceed 25% of your net adjusted income. You may not find that adequate for your goals. No catch-up contribution is allowed for those age 50 and older. No Roth option is available. A SEP IRA can be opened through any brokerage or bank.
- The Keogh Plan is open to sole proprietors, partnerships, and limited liability companies and is often used as a profit-sharing vehicle for professional practices such as doctors’ and lawyers’ groups. It has the same contribution limits as the SEP IRA and the Simple 401 but poses a greater administrative burden. There is no Roth option.
Another option, the SIMPLE IRA, is designed for businesses with 100 or fewer employees. It is open to sole proprietors but has a lower contribution limit than the Solo 401 or the SEP IRA. The maximum contribution is up to 3% of salary plus $13,500 in 2021 (rising to $14,000 in 2022. There is no Roth option.
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Understanding Your Investment Account Options
Now that youve made the right choice in deciding to save for retirement, make sure you are investing that money wisely.
The lineup of retirement accounts is a giant bowl of alphabet soup: 401s, 403s, 457s, I.R.A.s, Roth I.R.A.s, Solo 401s and all the rest. They came into existence over the decades for specific reasons, designed to help people who couldnt get all the benefits of the other accounts. But the result is a system that leaves many confused.
The first thing you need to know is that your account options will depend in large part on where and how you work.
What To Do With Your 401 When You Quit Your Job
One of the commonly overlooked aspects of changing jobs is deciding what to do with your 401 tied to your previous employer when you leave. Its understandablewhen youre bursting with all the energy and excitement that comes with tackling new challenges at a new job, figuring out what to do with your old 401 will probably be the last thing on your mind.
But that doesnt mean its not important. What you decide to do with your old 401 when you leave your job can potentially net you thousands of dollars in avoided fees and stronger investment returns over the long term depending on which path you ultimately decide to take. And when were talking about that kind of money, it pays to understand what your options are and the consequences of each.
In this article, were going to dive deep into the four primary options you have at your disposal when you decide to leave your company for whatever reasoneither voluntarily or involuntarily . By the end of it, you should have a solid understanding of the pros and cons of each and a pretty clear idea of which direction you should take based on your own unique financial situation.
I do need to point out that before making any significant financial decisions, you should consult a professional who can guide you through the process and help you better understand the implications of your decisions.
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Solo 401 Withdrawals And Details
As with all qualified retirement plans, there are rules to when you can and must start taking withdrawals from your Solo 401 plan. You must begin taking the minimum required distribution no later than age 72 . There is a 10% early withdrawal penalty for distributions take before age 59 1/2, but exceptions may apply.
Please refer to the IRS page on individual 401s and review our Solo 401 Guide for additional details.
Bennas New Retirement Strategy
Benna recently announced that hed put a large portion of his own money, probably the biggest part of my wealth, into another kind of savings plan, namely, high cash value life insurance.
These alternative savings plans are guaranteed to grow every year and do not fluctuate like the stock market. They also do not have age restrictions for penalty-free withdrawals, nor do they force you to withdraw money at age 72 as part of your required minimum distribution .
Read what CSMonitor had to say about the 401k and Ted Benna here, and why the father of the 401k says he regrets pushing the 401k retirement plan.
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How A Keogh Works
Keogh plans usually can take the form of a defined-contribution plan, in which a fixed sum or percentage is contributed every pay period. In 2021, these plans cap total contributions in a year at $58,000. Another option, though, allows them to be structured as defined-benefit plans. In 2021, the maximum annual benefit was set at $230,000 or 100% of the employees compensation, whichever is lower it rises to $245,000 in 2022.
A business must be unincorporated and set up as a sole proprietorship, limited liability company , or partnership to use a Keogh plan. Although all contributions are made on a pretax basis, there may be a vesting requirement. These plans benefit high earners, especially the defined-benefit version, which allows greater contributions than any other plan.
Can I Add More Money To My 401k Account Whenever I Want
Find out how and when to make a 401k contribution. You and Your 401K
When you find yourself between jobs or if your employer doesnt offer a 401k retirement account, you might wonder, Can I add money to my 401k? Unfortunately, employers dont allow you to contribute to your 401k outside of payroll, which means you cant add extra cash to your account unless its funneled from your paycheck via automatic deposit. Heres what you can do to prepare for retirement by maximizing your 401k contributions.
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Who Can Have A Solo 401 Plan
You can open an individual 401 if:
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You make self-employment income through a product or service such as working as an independent contractor, painting, or driving for ride-hailing companies.
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You own a sole proprietorship, a limited liability company, limited partnership, S corporation or, C corporation.
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You are the only employee in your business.
You Can Fund A Roth Ira
A Roth IRA, named after the guy who created them, has a bit of a restriction. You must be making less than $112,000 a year, and if youre married, your combined income must be less than $178,000 a year in order to contribute.
However, the benefit to a Roth is that you dont pay taxes on it when you withdraw your money at retirement-you pay the taxes up front. The annual contribution limit is up to $5,500 a year for a Roth IRA.
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What Can You Do If Your Employer Doesnt Offer A 401 Match
Some employers encourage employee participation in their retirement plans by offering to match a portion of the funds. For example, many companies will add 50 cents of every dollar up to 6% of an employees 401 contributions.
But what if your employers retirement plan offers a 401 without a match? Is there any way you can still beef up your retirement a little more? Here are some ideas:
Option #: Roll Over Your Old 401 Into An Ira
An Individual Retirement Account, or IRA, is a type of account which offers special advantages designed to help you save more money over the long term. Like a 401, money inside an IRA is free to grow tax-free, and any amount you contribute to it is also tax deductible . But, unlike a 401, an IRA is completely up to you to set up and manage. That means you get to decide which financial institution will house your assets, which funds to invest in, and exactly how much to contribute down to the dollar will often only allow you to select a percentage of your pay). That kind of autonomy presents an attractive value proposition for smart investors.
The pre-tax treatment of your 401 account allows you to effectively roll over your entire balance into an IRA account which enjoys the same pre-tax treatment. As far as the IRS is concerned, because youre keeping the same pre-tax money locked up inside your retirement accounts, it doesnt matter if its inside your 401 or IRA. And, 401 rollovers into an IRA dont count as IRA contributions, so the contribution limits dont apply. It doesnt matter if youre rolling over a $10,000 balance or a $500,000 balanceyoure free to do so without paying so much as a dime in taxes or penalties. Now were talking!
Although the rollover process will differ based on your plan administrator and IRA provider, the below steps generally describe how this works:
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Is Solo 401 Tax Deductible Solo 401 Tax Advantages
The nice thing about a solo 401 is you get to pick your tax advantage: You can opt for the traditional 401, under which contributions reduce your income in the year they are made. In that case, distributions in retirement will be taxed as ordinary income. The alternative is the Roth solo 401, which offers no initial tax break but allows you to take distributions in retirement tax-free.
In general, a Roth is a better option if you expect your income to be higher in retirement. If you think your income will go down in retirement, opt for the tax break today with a traditional 401.
Because of these tax perks, the IRS has pretty strict rules about when you can tap the money you put into either type of account: With few exceptions, youll pay taxes and penalties on any distributions before age 59 ½.
»Want more info? Heres our in-depth comparison of Roth and traditional 401s
What Paperwork You Need To Fill Out To Open Your Account
I was surprised at how much paperwork is required to open a solo 401k account. You’d think it would be simple, with very common forms to fill out. However, it’s completely the opposite. It becomes even more challenging if you add a Roth solo 401k, and you have to do double the paperwork if you’re adding a spouse to your plan.
When opening your solo 401k plan, you will need to create the following documents. You will need to create separate plan documents for both your Traditional and Roth Solo 401ks. They are both considered separate plans for tax purposes.
Plan Documents For Traditional Solo 401k
- 401k Plan Adoption Agreement
- Designation of Successor Plan Administrator
Plan Documents For Roth Solo 401k
- 401k Plan Adoption Agreement
- Designation of Successor Plan Administrator
Required Documents For Individual
- Brokerage Account Application for 401k Account
- Brokerage Account Application for Roth 401k Account
- Designation of Beneficiary Form for Account
- Power of Attorney
Required Documents For Spouse
- Brokerage Account Application for 401k Account
- Brokerage Account Application for Roth 401k Account
- Designation of Beneficiary Form for Account
- Power of Attorney
When you’re done with all these documents, you’ll have two solo 401k plans, and 4 accounts .
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Benefits Of A Solo 401
Solo 401s provide some advantages over other types of retirement accounts available to you.
One big advantage is the availability of the Roth option as well as the traditional version. Only the traditional option can be used by those who invest using the SEP IRA, a Keogh plan, or a SIMPLE IRA. The plain-vanilla IRA that is available to all who have earned income is available in Roth or traditional versions but the annual contribution limits are far lower.
One of the main advantages of the solo 401 is that it can accept contributions from both an employee and an employer. That is, if you have a solo 401, you wear both hats and can make contributions in both roles.
Gift Solo 401k Question:
- Neither the IRA nor the solo 401 regulations allow for gifting retirement money.
- The rules do not allow for transferring, assigning or gifting of solo 401k funds during the account owners lifetime.
- The only exception to the no transfers during life rule is for transfers due to divorce where the solo 401k funds are transferred to the ex-spouse to satisfy a QDRO.
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Starting A 401 Without A Job
If you dont currently have a job, you may have some challenges. 401 plans are employer-sponsored plans, meaning only an employer can establish one. If you dont have your own organization and you dont have a job, you may want to evaluate contributing to an IRA instead. However, those accounts may require earned income during the year to contribute, so its not as simple as you might hope. That said, a spousal IRA may allow certain couples to contribute to a retirement account with no job.
What Is A Good Rate Of Return On A 401
How you define a good rate of return depends on your investment goals. Average 401 returns typically range between 5% and 10% depending on market conditions and risk profile. If youre playing catch-up, you may want higher returns. If you have a long way until retirement and a low tolerance for risk, you might be comfortable with a lower return.
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Stinks Start Your Own Plan
I’m always inundated with waves of studies that show how little Americans are saving for retirement. And then people I meet start telling me how 401s are simply not up to the task.
I agree with most of the research out there that shows how inadequate 401s are. They are strictly voluntary, loaded with fees and not effective — unless you work for a big company and save as much as you can.
The latest piece of damning evidence on this subject comes from the Economic Policy Institute, a think tank funded by the Labor Movement. It’s “Retirement Inequality Chartbook” calls 401s “an accident of history,” that is obscure parts of the U.S. tax code that were never meant to be substitutes for pensions, which were largely abandoned by corporate employers.
Those with high salaries do very well in 401s, the report notes, although everyone else comes up short. That’s because the high earners get the lion’s share of tax benefits, causing a widespread inequality among savers.
“Retirement insecurity has worsened for most Americans as retirement wealth has become more unequal,” the EPI report notes. “For many groups, the typical household has no savings in retirement accounts and balances are low even when focusing only on households with savings.”
Yet this doesn’t mean that the helter-skelter retirement system is an outright failure. Retirement savings have increased overall. It’s just that those in the middle and lower-income groups aren’t saving enough.
What You Can Do Now
SIMPLE IRAs
