Solo 401k With an LLC
One misconception regarding Solo 401k plans is that only sole proprietors can open them. This assumption is incorrect as business owners from any structure (such as partnerships or LLCs ) are eligible to open one as long as no full-time employees other than their spouse are on staff full time.
Disregarded entities include single-member LLCs that report income on Schedule C of their owners’ tax returns; contributions can only be made up to an arbitrary maximum threshold amount.
What is a Solo 401k?
The Solo 401k is an increasingly popular retirement plan among business owners and self-employed individuals, due to its generous contribution limits that enable substantial savings. Furthermore, investors can diversify their portfolio across real estate, notes and alternative investments with ease.
401k plans are easy to administer and require minimal upkeep, with few rules or restrictions to abide by – for instance, keeping the trust separate from personal accounts and investments, and not engaging in self-dealing or transactions that directly benefit yourself or family members are all key requirements of compliance.
Solo 401k plans can generally only be established by single-member LLCs or disregarded entities filing Schedule C tax returns, provided no full-time non-owner W-2 employees work full-time for them. Employee deferral and employer profit-sharing contributions must be funded before April 15 or October 15, depending on when an extension was filed; their limit consists of earnings reported on Schedule C/Line 14 K-1 forms less any deferrals already taken out.
Can I have a Solo 401k with an LLC?
Solo 401k plans are retirement accounts designed specifically to address the needs of sole proprietors, freelancers and contractors. Offering all the same tax benefits as traditional 401(k), without IRS restrictions on employee contributions, they provide tax efficiency without incurring extra burden for contributions made directly by them.
This plan gives you access to a wide range of assets, including real estate and private companies. Furthermore, the loan provision allows for up to $50,000 or 50% of your account balance – whichever is less – in loans up to five years old without penalty and interest being assessed against it.
If you have an SEP IRA or traditional 401(k), and moonlighting is part of your daily job duties, transferring those funds into your solo 401(k) will effectively double your contribution limits for 2018. An appraisal company must appraise your promissory note prior to processing an in-kind distribution as earned income rates apply when taxed upon.
Can I have a Solo 401k with an S-Corporation?
Though many mistakenly believe a solo 401k only applies to sole proprietors, anyone with self-employment income can take advantage of one. This includes single member LLCs which can be taxed as individuals.
Single-member LLCs without employees may qualify to adopt a Solo 401k; otherwise they must choose either traditional or SIMPLE IRAs instead.
As a business owner, you can establish an S-corp or C-corp that qualifies for Solo 401k plans, provided you meet certain requirements. These requirements include having no other employees and reporting your income on Schedule C of your individual tax return without using company funds for personal expenses. Your spouse can participate as an employee by making elective deferrals up to the employee contribution limit (plus catch-up for those over 50). For more details on this topic watch our video about this option!
Can I have a Solo 401k with a C-Corporation?
An unfortunate misconception is that opening a Solo 401k requires having no business partners. While this is technically correct, as long as no non-owner full-time employees work for your LLC business.
401(k)s are tailored specifically towards entrepreneurs and self-employed workers, unlike other retirement accounts such as SEP IRAs, SIMPLE IRAs or traditional IRAs, which typically feature much lower contribution limits.
Additionally, self-directed 401(k) providers can help businesses taxed as sole proprietorships, partnerships, limited liability companies (LLC), S corporations or C-corporationss utilize this account. You must not engage in prohibited transactions involving your account that could benefit either yourself or the business and incur IRS penalties; such activities might include buying and selling real estate; personal property such as art, jewelry or collectibles and lending money to family members – among many others.
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