A Solo kalso known as a Self Employed k or Individual ksolo 401k and sponsored company plan, is a k qualified retirement plan for Americans that was designed specifically for employers with no full-time employees other than the business owner s and their spouse s.
The general k plan gives employees an incentive to save for retirement by allowing them to designate funds as k funds and thus not have to pay taxes on them until the employee reaches retirement age.
The Solo k is unique because it only covers the business owner s and their spouse ssolo 401k and sponsored company plan, thus, not subjecting the k plan to the complex ERISA Solo 401k and sponsored company plan Retirement Income Security Act of rules, solo 401k and sponsored company plan, which sets minimum standards for employer pension plans with non-owner employees.
Self-employed workers who qualify for the Solo k can receive the same tax benefits as in a general k plan, but without the employer being subject to the complexities of ERISA. Prior toself-employed workers were limited to a profit sharing retirement plan that did not include any employee deferral options in contrast to a multiple employer k Plan. There existed a retirement platform unique to self-employed workers, the SEP IRA and the Keogh Planbut it lacked many of the benefits of the typical corporate k platform, such as employee deferral.
In order to qualify for a Solo kan individual must claim some self-employed income. A common example of part-time self-employed income is an individual who works for an employer, but also does a little consulting on the side. The business adopting the Solo k Plan must also not employ any full-time employees that are eligible to participate in the plan, other than the business partners and their spouses. The two basic types of Solo k plans are brokerage based and self-directed, also known as a "checkbook control" Solo k.
The basic plan solo 401k and sponsored company plan state and control the operations of the plan and the adoption agreement offers the employer the ability to customize the plan based on the options available in the basic plan. In other words, the options available to an adopting employer and its plan participant s would be based on the options available in the basic plan document and plan adoption agreement.
A plan sponsor, a company offering the plan to the employer, would typically offer either an individual designed Solo k Plan or a prototype plan.
Brokerage based plan documents usually limit the available investment options and offer market-based assets, such as stocks and mutual funds, while self-directed plan documents generally offer more investment options and often allow for alternative assets, such as real estate and private business, as well as include a loan feature and Roth deferrals. Investors typically choose between the two plans based on their investment goals, asset preference, fee schedules, and desired level of control.
While a brokerage based Solo k plan and self-directed Solo k plan would both be considered a qualified retirement plan, the options available under these plans as per the Plan Adoption Agreement generally differ in a number of ways:.
They are solo 401k and sponsored company plan down into a profit sharing contribution which comes from the employer, and a salary deferral contribution which comes from the employee.
A step-by-step worksheet for this calculation can solo 401k and sponsored company plan found in IRS Publication This additional contribution is often referred to as a catch-up contribution.
In both cases, the IRS has declared an upper limit for total employer and employee contributions to a plan —the IRS Section c limit— which may not be exceeded. The maximum total contribution limit is per qualified plan. Greg, 46, is employed by an employer with a k plan and he also works as an independent contractor for an unrelated business.
Greg sets up a solo k plan for his independent contracting business. Greg would also like to contribute the maximum amount to his solo k plan. The employee deferral contribution can be made in both pre-tax, after-tax or Roth, so long as the plan documents allow for it. The employer profit sharing contributions must be made in pre-tax form.
The purpose behind the relaxation of the in-plan Roth rollover rules is to encourage plan participants to do Roth conversions and thereby increase the amount of current tax revenues collected by the Treasury. If your Solo k plan documents allows them, you can do andrew lessman vitamin review in-plan Roth rollover by:.
The in-plan Roth rollover is treated as taxable income fair market value minus your basis in the distribution and you must report the Roth rollover in your gross income for the tax year in which you receive it. There is no income tax withholding required on an in-plan Roth direct rollover, solo 401k and sponsored company plan.
For a sole proprietorship, or an LLC taxed as a sole proprietorship, the deadline for depositing salary deferrals into the Solo k, as well as the deadline to fund the profit sharing contribution, is the personal tax filing deadline April 15 or October 15 if an extension was filed. For a partnership, or an LLC taxed as a partnership, the deadline for depositing salary deferrals into the Solo k, as well as the deadline to fund the profit sharing contribution, is the partnership tax filing date of March 15 or September 15 if an extension was filed.
A qualified retirement plan is a plan that meets requirements of the Internal Revenue Code and as a result, is eligible to receive certain tax benefits. For a Traditional Solo kthe income contributed into solo 401k and sponsored company plan plan is tax deferred.
The concept of tax deferral is premised on the notion that all income and gains generated by the pre-tax retirement account investment would generally flow back into the retirement account tax-free.
Instead of paying tax on the returns of a self-directed IRA investment, such as real estate, tax is paid only at a later date, leaving the investment to grow unhindered. Instead, the self-directed IRA investor would be required to pay the taxes when he or she withdraws the money from the IRA, solo 401k and sponsored company plan, which could be many years later.
The primary benefit of tax deferral is that the deferral compounds each year. The tax bracket is determined at the time that the distributions are taken. For a Roth Solo kthe funds go in as post-tax dollars and thus are no longer subject to taxation, assuming the distribution would be treated as a qualified distribution.
The net profits allocated to the tax-exempt entity from the active trade or business held through a passthrough entity are subject to UBIT on a yearly basis.
Most investments entered into by retirement plans, however, are not considered active businesses, and therefore are not subject to UBIT, solo 401k and sponsored company plan.
The tax forms that apply to a Solo k can vary according to the assets and size of the plan. Here is a listing of the most common: The after-tax contribution strategy is only available if the plan documents specifically allow for after-tax contributions.