Setting Up Solo 401k

Setting Up Solo 401k

Investor · Encinitas, CA · Member since 2013 · 83 posts · 18 votes

Today I'm working on taxes and finalizing my Solo 401k set up, yes tons of fun...not my favorite way to spend a sunny 75 degree Saturday in San Diego!

That said, I need some guidance on next steps.

Step 1) Have had sole propriatorship for a couple of years (unprofitable)

Step 2) Applied for and received my Tax EIN

Step 3) Gave self-employment info to foxnfox.com's Bruce Fox (great guy, most affordable) who processed the paperwork, and sent me a binder of legalise; this is for a solo 401k only, they do not act as custodians, or admin

Step 4) Acting as custodian, I will need to set up a bank account somewhere (any recommendations on which bank is best?); bank account will be exclusively for Solo 401K. (Will I need a bookkeeper if all transactions are tracked in/out of this bank account?)

Step 5) Roll over my previous employer's IRA and my wife's IRA (is that allowed since she and I are the only 2 employees?) into this new bank account (Hopefully the bank will help me do this?)

Step 6) Can I simply start investing in approved assets/transactions with checkbook control? (Mortgage Notes, and Turn Key SFR's)

Step 7) Can depreciation from properties be accounted on the standard schedule (straight-line, or accelerated)?

For all tax experts, accountants or attorneys, am I missing any steps? Also, I thank you all in advance for answering my "Bolded Questions".

1Reply
414 views

Most Popular Reply

Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
12y

@Josh Rich

The bank account for the Solo 401k can be set up at any bank, however, it must be established following proper procedure, we found that most bankers are not educated enough to do it correctly that is why we have relationship with couple people that are trained and know how to do it properly. If you use a bookkeeper or not is up to you, but yes, you have to account for every single transaction. This is quite simple to do with the help of numerous accounting software available (many free) or even excel spreadsheet.

Your wife would be allowed to have an account under Solo 401k is she is also participating/working in the business. In which case she can have an account under the plan, but you can't just lump all together, you need to account for those funds separately - therefore you will need a separate bank account.

As soon as your account is funded, you can start investing out of your Solo 401k checking account.

Please consult a tax professional regarding an tax consequences when using 401k for investing.

See this reply in the discussion

98 Replies

Jump to latestLatest
  • Phoenix, AZ · Member since 2016 · 11 posts · 1 vote
    10y

    1. So (remembering this is a solo 401K) owning 83%, how are you suggesting I report to IRS? Just sold. Does the LLC take the hit?

    2. I think that a K-1 is not reportable to IRS, am I wrong?

    Thaks!

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    10y

    @Ed Ricketts

    When partnership files a tax return, copy of the K1 is sent to the IRS with the return.

    Instead of trying to DIY, I suggest you hire a knowledgeable CPA to help you navigate through this. 

  • Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
    10y

    @Ed Ricketts

    No the solo 401k does not take a hit provided you never physically touch the solo 401k funds.

  • Pinehurst, NC · Member since 2017 · 3 posts · 0 votes
    9y

    Good Day – I too want to thank all participants for their expertise and experiences shared here in the forums – especially in regards to setting up a solo 401k – with a Roth side added.

    So let me generalize my situation.

    I seem to have the same dilemma as others have had – I don’t have a solo 401k now but I want one (or at least I am pretty sure I do). I do not have any accounts except my personal and business (dba) bank accounts, so I have nothing to rollover into a solo 401k – and the past year I have had little income.

    What I do have is a little extra money in the bank and some real estate.

    From what I see here – I may be able to open an IRA and fund that to a degree from my savings, is that correct. If so how much could I place into a self-directed IRA now – which would be last year's contribution limit amount plus this year's contribution limit amount, is that correct and what would those limits be from just savings – hoping that is possible.

    Also – would it be possible to place any real estate into an IRA?

    My end game at this point is to fund a solo 401k with a Roth side – and continue to invest in real estate and other sources of passive income from within the 401K and Roth side.

    I am only seeing that my hope to get this done is by first putting funds into an IRA then rolling them over to a solo 401k – is this correct – and what are the hoops I need to jump through.

    With Tax Day speeding towards me – if it is advantageous to open an IRA and put money into now – I can do that if I can find someplace that the IRA fees will not eat up any benefit of doing this.

    I know I probably am not even asking the questions I should be concerned with – but I do want to end up with the Self-Directed 401K, with a Roth side.

    Another factor which may influence your replies – I am just now at retirement age – I could have, but have not, started drawing my SS – but probably will do so soon.

    After I understand what I can do and how to do it – I can make a plan. Because of the current time crunch with April 15th speeding towards us – if the IRA is what is needed now to fund the 401k, then any recommendation on how or where to get that taken care of would be helpful – then I should have more time to find a good source for starting the solo 401k.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    9y

    @Don Price

    You can contribute up to $5,500/yr in an IRA (plus additional $1,000 catch up if you are over 50).

    You CAN NOT place any real estate that you personally own in an IRA, this would be considered a prohibited transaction. But self-directed IRA can purchase new investment property from someone who is not a disqualified person if you have enough funds in the IRA to execute such investment. You can either pay cash for the property or use leverage. The loan must be non-recourse. There are only select few lenders offering such loans, over the years I gathered a list which may be helpful to you, here it is:

    https://www.biggerpockets.com/blogs/2810/50272-lis...

    Truly self-directed Solo 401k plan is a great vehicle, but it is not for everyone. You can only setup Solo 401k if you are eligible for it, in other words you need to have a legitimate self-employment activity or small business w/o any common law employees which procedures earned income.  

    If you have some savings you wish to contribute to an IRA - you can do so for the year 2016 prior to April 15th (assuming that you are eligible based on your income). You can open an IRA at your local bank or any brokerage (Vanguard, Fidelity, etc). You can always roll that IRA over into self-directed account at a later time once you decide on your strategy.

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    9y

    @Don Price

    First, excellent questions. I will break my response into two separate posts for sake of simplicity.

    Eligible Compensation for Making Traditional and/or Roth IRA Contributions
    Compensation for Traditional and Roth IRA contribution eligibility generally is income a person earns from working. Compensation is defined in IRC Sec. 219(f)(1), Treasury regulations, and IRS Publication 590, Individual Retirement Arrangements (IRAs). The following types of income are considered eligible compensation for IRA contributions.

    • Salary
    • Wages
    • Tips
    • Professional fees
    • Commissions
    • Bonuses received as a result of working or performing services
    • Taxable alimony received under a divorce decree or separate maintenance agreement
    • Nontaxable combat pay to combat zone personnel
    • Differential wage payments (wages paid by employers for employees who are on military active duty)
    • Certain net earnings from self-employment (after deducting one-half of self-employment taxes and retirement plan contributions)

    There is, however, a maximum age restriction for Traditional IRA regular contributions. IRA owners can no longer make regular contributions beginning with the tax year in which they attain age 70 and 1/2 (IRC Sec. 219(d)(1)).

    Income NOT Considered Eligible Compensation for Making Traditional and/or Roth IRA Contributions

    The IRS provides guidance in IRC Sec. 219(f)(1), Treasury regulations, and IRS Publication 590 regarding income that is not considered compensation eligible to fund an IRA. Following are items generally not considered eligible compensation to fund IRAs.

    • Earnings and profits from property and investments, such as rental income, interest income, and dividend income
    • Deferred compensation
    • Income from a partnership for which an individual does not provide services that are a material income-producing factor
    • Any amounts an individual excludes from income (other than combat pay), such as foreign earned income and housing costs
    • Retirement income, including Social Security, pension, and annuity income
    • Disability pay
    • Worker’s compensation
    • Unemployment compensation
    • Child support payments
  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    9y

    @Don Price

    Self-Employment for both Opening and Contributing to a Solo 401k Plan

    A self-employed person must be pursuing self-employment to open a solo 401k plan, and continue to perform self-employment to continue with the solo 401k plan after it has been established. 

    To contribute, a self-employed person must have net profit in his business (i.e., net business income) to fund the solo 401k plan, or the plan can be funded via a direct rollover from an IRA. Net business income generally is the amount remaining after subtracting all expenses. The solo 401k contribution limit for self-employed persons generally is 100 percent of the net business income reduced by one-half of their self-employment tax and any qualified plan deductions taken for the year, up to the annual contribution limit.

    Various IRS forms or schedules are used to determine whether a self-employed person has net business income. Sole proprietors (one person owns all of the business) use Schedule C, Profit or Loss from Business. Farmers and ranchers use Schedule F, Profit or Loss from Farming. And partnerships use Schedule K-1, Partner’s Share of Income, Credits, Deductions, etc.

    If an individual is a partner in a partnership and is providing services to the partnership, her share of partnership income attributed to her services rendered generally is compensation. If a partner in a partnership is not actively providing services to the partnership, she would not be eligible to fund a solo 401k plan or an IRA, even if she received income from the partnership.

    Sometimes an individual has more than one job—one as an employee and another as a self-employed individual, for example. A business loss does not reduce eligible W-2 income for purposes of making an IRA contribution. So if an IRA owner's business shows a loss, but he still has W-2 wages from his other employment, he could fund an IRA with this eligible income.

  • Pinehurst, NC · Member since 2017 · 3 posts · 0 votes
    9y

    Thanks - I'll slowly go over all this on Monday to see if I see any nuggets - but let me run this by you wizards. I read something about using my wife's income to fund or partially fund an IRA I am named in - or maybe even an IRA for me. I read that she could have an IRA and still be able to fund one with me in it. What I did not read was if she could fund an IRA for me this year - even though she has a 401k at work. If there is a way I need to do this ASAP -. Thanks - but there isn't much on this aspect online - most people just post the same things over and over, but at least here there is more of a discussion. Great place to read up on these topics.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    9y

    @Don Price

    IRAs are individual accounts as opposed to qualified plans which can have more than one participants, even in the case of the "Solo" 401k plan. The exception you may be referring to on the IRA side is making a "Spousal IRA" contribution. You might be able to do this if you are married and filing jointly and your wife has income while you have little or no income. I'd recommend talking with a qualified tax advisor and one or more IRA custodians about this to see if it is a good option for you.

  • Pinehurst, NC · Member since 2017 · 3 posts · 0 votes
    9y

    Thanks Justin - That is what I was thinking as a way to eventually get money into a solo 401K - to open a self directed IRA now, so I/we can get money into it for last year - which I believe would be a max of 6500 for me and possibly anything left between the 6500 amount allotted for my wife minus whatever she had already put into her 401K. Who here in BP would be a good provider or where else should I look?

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    9y

    @Don Price

    If you are opening an IRA to get 2016 contributions made, it does not have to be a self-directed IRA. Just about any bank or brokerage would work for opening the account if you intend to transfer the funds to a Solo 401k. If you or your wife are self-employed, one option you may want to consider is opening a SEP IRA for 2016 contributions which would have higher contribution limits.

  • Kennesaw, GA · Member since 2016 · 52 posts · 9 votes
    9y

    Any investors in this thread from the Atlanta area? 

    I briefly scanned a few threads related to Solo 401k but did not notice anyone in my local market. Opening and using the solo401k (vs SD IRA) as an investment vehicle seems like a good choice in my case however it would be very helpful to talk to folks in Atlanta who have utilized this methods and are willing share pro & cons.

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    9y

    @KJ Rustom

    I have a lot of clients in Georgia including the Atlanta area. Send me a message and I will provide you some contacts so you can pick their brains.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    9y

    @Kj Rustom, I think you should speak with any Solo 401k plan holder to get some feedback regardless of the location, it doesn't have to be someone in your local market. However here are couple names for you: @Kevin Auyong and @Sheryl Gurvey, both are my clients and been investing with their Solo 401k. Good luck! Kevin and Sheryl, hope you'd be willing to provide some feedback to Kj.

  • Kennesaw, GA · Member since 2016 · 52 posts · 9 votes
    9y

    Appreciate it @Dmitriy Fomichenko. I would be happy to connect with @Kevin Auyong and @Sheryl Gurvey for they may be able to address my initial queries. 

  • Retirement Accounts Attorney · Southfield, MI · Member since 2017 · 3k+ posts · 1k+ votes
    9y

    @KJ Rustom

    One of my clients in Georgia is also a member of Bigger Pockets. @RJ Palano and he would be a good source for information.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    9y

    @Kj Rustom

    We have quite a few clients in the Atlanta area too. You certainly are not alone for SDIRA and 401k investing there. I agree with Dmitriy, it's probably a good idea to speak with a few providers in various areas and see what will be a good fit for you.

  • Sheryl GurveyPro Member
    Rental Property Investor · Decatur, GA · Member since 2015 · 59 posts · 19 votes
    9y

    @Dmitriy Fomichenko I'd be happy to provide feedback to anyone.  I'm very pleased with the flexibility of my Solo 401k and it's so easy to set up.

    @Kj Rustom I am in Atlanta, feel free to ask anything.

  • Kennesaw, GA · Member since 2016 · 52 posts · 9 votes
    9y

    Agree @Justin Windham, would it be possible to connect with you next week? On your site, you offer Custom 401k plan and trust documents including IRS determination letter. Is the IRS letter a pre-req for 401k setup? 

    @Sheryl Gurvey, just dropped you a message. Looking forward to exchanging notes with you.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    9y

    @Kj Rustom

    Sure, you can reach out anytime. The IRS determination letter is a letter confirming the IRS-approved status of the plan documents. I wouldn't call it a pre-requisite for setup, but it's a good thing to add to your list of requirements when choosing a plan document / provider. Self-employment activity and absence of full-time employees are the real pre-requisites.

  • Rental Property Investor · Honolulu, HAWAII (HI) · Member since 2011 · 4k+ posts · 2k+ votes
    9y
    I had three of my friends do this after working for microsoft and quitting. I can let you know who they used.
  • Sequim, WA · Member since 2017 · 4 posts · 1 vote
    9y

    I am currently working on finding a way to shelter funds from taxation. Can any of you chime in on my plan?

    I own a 50% in an s-Corp that my partner will buy me out of. He will convert s-Corp into an LLC. I will open a self-directed solo 401k in another business that I own 100% of. I would like the 401k in my business to purchase back a portion of the business that my partner will buy me out of and then have that portion of the business profit flow through directly into my 401k. From everything I have read this is acceptable as it would now be considered an arms length transaction as I will have no interest in the business at the time my 401k invests in it.

    I am in Western  WA and am trying to find a knowledgeable CPA that is familiar with this type of set up, as well as as good bookkeeper. 

    Any insight or referrals would be great. Thanks for sharing your knowledge! 

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Olivia Dansereau

    Your scheme has two problems. Firstly and most importantly, the sale personally to a 3rd party, then a purchase with your Solo 401(k) would be viewed as self-dealing and therefore a prohibited transaction. An indirect transaction with a straw buyer is viewed by the IRS as a direct transaction between you and your plan. Secondly, the direct ownership of equity in a LLC with a Solo 401(k) would subject the income received to UBIT taxation, which is at trust rates and likely higher than you pay personally.

  • Santa Clara, CA · Member since 2013 · 5 posts · 1 vote
    9y

    Josh Rich, which bank did you end up opening an account with?

  • Evan SalvadorPro Member
    Investor · Roseville, CA · Member since 2015 · 35 posts · 20 votes
    9y

    Can anyone recommend a banker or maybe someone in the Sacramento, CA area that can help me open a solo 401k checking account? I'm having a heck of a time trying to get bankers to understand that I am not looking for a brokerage account nor do I need the plan to be set up. I have all the documents needed but for some reason their "experts" that they call up keep telling the branch that I have to go open a 401k brokerage account. All I want is a checking account. I have a few checks just sitting here waiting to be deposited from my old SEP IRA. Any help would be greatly appreciated.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.