What Is Solo 401(k)?

A Solo 401(k) is a retirement plan designed specifically for self-employed individuals or small business owners with no employees.

Solo 401(k): A Retirement Plan for Self-Employed Individuals

A Solo 401(k), also known as a one-participant 401(k) or self-employed 401(k), is a retirement savings plan specifically designed for self-employed individuals or small business owners who have no full-time employees other than themselves and potentially their spouse.

Key Features

Contribution Limits

Solo 401(k) plans allow higher contribution limits compared to traditional and Roth IRAs:

  • Employee Contributions: As an employee, you can contribute up to 100% of your earned income, up to an annual maximum of $22,500 in 2023 (or $30,000 if you are age 50 or older and making catch-up contributions).

  • Employer Contributions: As the employer, you can contribute up to 25% of your net self-employment income.

  • Total Contributions: The total contributions (employee and employer combined) can be up to $66,000 for 2023 (or $73,500 if including catch-up contributions).

Tax Benefits

  • Tax-Deferred Growth: Contributions grow tax-deferred until withdrawal.
  • Roth Option: Some Solo 401(k) plans offer a Roth option, allowing post-tax contributions with tax-free withdrawals in retirement.

Roth Solo 401(k)

The Roth variant allows for after-tax contributions, resulting in tax-free growth and tax-free withdrawals in retirement.

Eligibility

Who Can Participate?

  • Self-employed individuals with no employees or full-time employees other than a spouse.
  • Independent contractors and freelancers.

Business Structures

  • Sole proprietors
  • Partnerships
  • LLCs
  • Corporations (S-corporations and C-corporations)

Special Considerations

Loans and Withdrawals

  • You may borrow up to 50% of your account balance, not to exceed $50,000.
  • Withdrawals before age 59½ may incur a 10% early withdrawal penalty in addition to regular income tax.

Reporting Requirements

  • Form 5500-EZ: Necessary if the plan’s assets exceed $250,000.

Examples

Case Study: Solo 401(k) for a Consultant

Jane doe, a 45-year-old independent consultant, decides to open a Solo 401(k). Her net self-employment income is $100,000. She contributes:

  • Employee Contribution: $22,500
  • Employer Contribution: $18,587.50 ($100,000 * 25% of earned income)

Making a total contribution of $41,087.50 for the year.

Historical Context

The Solo 401(k) was developed following the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), aimed at providing business owners and self-employed individuals with retirement savings options comparable to those available for larger businesses.

Comparisons

Solo 401(k) vs. SEP-IRA

  • Contribution Limits: Solo 401(k) often allows higher contributions.
  • Roth Option: SEP-IRAs do not offer a Roth option.
  • Loans: Solo 401(k) plans may allow loans, SEP-IRAs do not.
  • SEP-IRA: A Simplified Employee Pension plan, another retirement option for self-employed individuals.
  • Traditional IRA: A retirement account allowing pre-tax contributions and tax-deferred growth.
  • Roth IRA: A retirement savings account allowing for post-tax contributions and tax-free withdrawals.

FAQs

Can I open a Solo 401(k) if I have employees?

No, the Solo 401(k) is specifically for business owners without full-time employees, except for a spouse.

What is the main advantage of a Solo 401(k)?

The higher contribution limits compared to other retirement savings accounts and the ability to make both employee and employer contributions.

Can my spouse participate in my Solo 401(k)?

Yes, if they earn income from your business, they can participate and make contributions.

Can I still contribute to an IRA if I have a Solo 401(k)?

Yes, contributing to a Solo 401(k) does not prohibit you from also contributing to an IRA, subject to respective contribution limits.

References

  1. IRS.gov - Retirement Plans for Self-Employed People
  2. Fidelity - Solo 401(k) Plan
  3. Economic Growth and Tax Relief Reconciliation Act of 2001

Summary

The Solo 401(k) is a powerful retirement savings tool for self-employed individuals and small business owners without full-time employees. It offers substantial contribution limits, tax benefits, and the flexibility to make both employee and employer contributions. Understanding the nuances and regulations of Solo 401(k) can help self-employed individuals maximize their retirement savings and benefit from tax-advantaged growth.

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