Solo 401(k)

A Guide to 401(k) for the Self-Employed

A solo 401(k) is a retirement savings plan for a self-employed or sole proprietor business owner (and spouse, if applicable).  This individual 401(k) plan goes by different names including self-employed 401(k), Individual 401(k), or one-participant 401(k).

A solo 401(k) plan provides all the benefits of a big business 401(k) plan. Business owners can maximize their retirement contributions, and both contributions and plan expenses are tax deductible.

Who qualifies for a solo 401(k) plan?

A self-employed business owner must have earned income from self-employment to contribute to a solo 401(k). Self-employment can take any form; however, it does not have to be a full-time business venture.

For example, an individual may work full time for an employer and have their own business on the side.

Any income earned from the side business would be eligible to contribute to a solo 401(k) plan.

The business establishing the solo 401(k) can be structured as a sole proprietorship, partnership, or corporation. A one-participant 401(k) plan is intended for a business without any employees or a business with employees who are not eligible to participate in a 401(k) plan—for example, those who work fewer than 1,000 hours per year or who are younger than age 21.

Benefits of 401(k) for self-employed 

A business owner has the best of both worlds with a solo 401(k). They have the flexibility to contribute as much as they want from year-to-year (up to the standard limits), plus, they do not have to worry about limiting their salary deferrals based on failed nondiscrimination tests caused by employees with low savings rates. They also get all the benefits of a big business 401(k), such as tax deductions and loans.

Solo 401(k) benefits

R

Reduced taxable income for pre-tax salary contributions

R

Ability to make after-tax Roth contributions

R

Business tax deduction for plan contributions and plan expenses

R

Pre-tax growth on investments while in the plan

R

Option to take a loan from retirement savings

R

Higher contribution limits than SEP or SIMPLE IRA plans

Because there are no employees, plan administration is extremely low maintenance. There are no nondiscrimination tests, and business owners are not required to file annual reports with the IRS until the plan reaches $250,000 in assets.

Self-employed 401(k) contribution limits

Because there are no employees, plan administration is extremely low maintenance. There are no nondiscrimination tests, and business owners are not required to file annual reports with the IRS until the plan reaches $250,000 in assets.

Solo 401(k) deadline

To establish a plan for a tax year, the business owner must sign a plan document by the last day of the business’ tax year to contribute for that year (e.g., December 31 for a calendar-year business). The document must be signed by December 31 to make contributions for that year. All contributions must be made by the business’ federal income tax return due date, including extensions. 

Self-employed 401(k) rules

A solo 401(k) plan follows most of the same rules as a regular 401(k) plan, with a few exceptions.

Pre-tax and Roth contributions

A business owner has the option to make either pre-tax or post-tax Roth salary contributions. Pre-tax contributions are not included in income when calculating taxable income for the year. Taxes are paid on these amounts, and any investment earnings when the person retires and starts taking an income from their 401(k) plan. Post-tax Roth contributions are included in taxable income. These amounts are tax-free when distributed from the 401(k) plan. Any investment earnings on the Roth contributions will also be distributed tax-free if the distribution is qualified. 

Eligibility requirements

Although solo 401(k) plans are not intended for businesses with employees, the business owner may want to set eligibility requirements in the plan document in case they add employees at some future date. Care must be taken to not exclude the business owner from the plan if selecting eligibility provisions. 

Coverage and nondiscrimination tests

Because there are no employees, compliance tests designed to ensure that lower paid workers receive a proportionate share of the plan contributions, do not apply to a solo 401(k) plan. This simplifies plan operations and lowers administrative costs for solo 401(k) plans. 

Reporting and disclosures

Solo 401(k)  plans are not subject to most of the annual reporting and participant disclosure requirements that apply to 401(k) plans covering employees. Once solo 401(k) plan assets reach $250,000 or more, the owners must file a “Form 5500-EZ, Annual Return of One-Participant (owners and their spouses) Retirement Plan,” with the IRS. 

Solo 401(k) vs. SEP IRA

A Simplified Employee Pension (SEP) plan is an IRA-based retirement savings plan also designed for small business owners.

A SEP IRA plan is easy to administer and allows a business owner to make tax-deductible contributions up to 25% of taxable compensation (maximum of $61,000 for 2022). Although the annual limit is the same as a solo 401(k) plan, a business owner would need a higher level of taxable compensation to make the $61,000 maximum SEP contribution as compared to a solo 401(k) contribution.

Moreover, the SEP plan does not have the age 50 catch-up contribution feature which could boost savings to $67,500 for 2022.  

Learn More

If you are a small business owner and need a 401(k) plan for yourself and your company, we can help.

Setting up a 401(k) can be complicated.The 401(k)ompany gives small business owners access to 401(k) professionals in addition to plan providers with low flat-fees. Each sales professional has over a decade of experience assisting business owners in 401(k) plan design.

 

© 2019 The 401(k)ompany

200 East Broward Blvd. Suite 1320
Fort Lauderdale, FL 33301
Support: 888.667.4750

© 2022 The 401(k)ompany, All rights reserved.

Securities and Investment Advisory Services offered through A.G.P. / Alliance Global Partners, Member of FINRA | SIPC, a Registered Investment Adviser. Neither A.G.P nor any of its affiliates provide legal, tax or accounting advice.

Investing always involves risk; no investment is protected against loss. Past performance does not indicate future results. Diversification does not ensure a profit or protect against declining markets. Consider your investment objectives before investing.

The A.I.D. Group is not a registered broker-dealer or investment advisory firm. The A.I.D. Group and AGP are independent and not affiliated entities.

Check the background of our investment professionals on FINRA's BrokerCheck

Business Continuity Planning Summary & Disclosure

Certified Financial Planner Board of Standards, Inc. (CFP Board) owns the CFP® certification mark, the CERTIFIED FINANCIAL PLANNER™ certification mark, and the CFP® certification mark (with plaque design) logo in the United States, which it authorizes use of by individuals who successfully complete CFP Board’s initial and ongoing certification requirements.

The CLU® and ChFC(R) marks are the property of The American College, which reserves sole rights to its use, and is used by permission.