Can I rollover my old 401k into my spouses Solo 401k

Can I rollover my old 401k into my spouses Solo 401k

Rental Property Investor · San Mateo, CA · Member since 2017 · 3 posts · 0 votes

Hi folks!

I have been reading a lot about solo 401k this week and I have a question that I haven’t been able to find an answer to l:

My wife is self-employed with significant taxable income and is eligible to open a solo 401k account.

I’m fully W2 employed and have a 401k account at work, but what’s more important is that I have several existing 401k accounts from previous employers.

If my wife opens a solo 401k for her sole proprietorship, can I rollover MY old 401k funds into her solo account?

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  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    7y

    @Vlad Gurovich

    Most likely no—if you are not an owner of the company it won’t work. You said wife is “sole proprietor “ 

    You can most likely role your old 401ks into your IRAs or possibly your present employers plan. 

  • Accountant · Tulsa, OK · Member since 2018 · 312 posts · 349 votes
    7y

    @Vlad Gurovich not super familiar with solo 401k's but I always thought the rule was that you have to earn income from that self-employed company in order to be able to contribute, so if you aren't earning any income from her sole proprietorship, then I don't think you can. Here's an old thread where it's discussed:

    https://www.biggerpockets.com/forums/51/topics/351473-spouse-contributions-to-solo-401k

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    7y

    @Vlad Gurovich

    As spouse you could participate in your spouse's Solo 401k ONLY if you are eligible: employed in your wife's business. This doesn't seem to be the case from your description so the answer is no. To help you understand this further: just like your spouse can't participate in your employer 401k just because she is your spouse. 

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    7y

    @Vlad Gurovich

    You would need to be a compensated employee of your wife's business in order to be eligible to participate in her Solo 401(k) plan.  

    If you are not already legitimately involved in and compensated via her business, the cost of doing so in a compliant fashion is generally higher than establishing your own separate self-directed IRA based plan.

  • Rental Property Investor · San Mateo, CA · Member since 2017 · 3 posts · 0 votes
    7y

    Thank you folks, that clears it up.

  • Rental Property Investor · Round Rock, TX · Member since 2016 · 1k+ posts · 971 votes
    7y

    @Dmitriy Fomichenko/@Carl Fischer/@Brian Eastman -If @Vlad Gurovich lives with his wife in CA, which is a community state, doesn't that make him an owner/member of the wife business? Or isn't as simple as making him a member manager of the business to qualify/allow him with the company Solo 401K? And then he might not be able to make contributions since he has 401K with his employer (or depending on how much he contributes to one vs the other), but for sure he can roll over his older 401K and traditional IRA and invest it from his own Solo 401K ?

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    7y

    @Costin I.

    California community property laws do not apply here.

    The issue is that Vlad would need to be a compensated employee of the business.  Whether he is an owner or not does not matter.  A non-compensated owner does not quality to participate in a 401(k) plan.

  • Rental Property Investor · Round Rock, TX · Member since 2016 · 1k+ posts · 971 votes
    7y

    @Brian Eastman - he needs to be compensated in order to make his own deferral contributions. But isn't the Solo 401K plan established per company, thus both husband and wife getting their own complement of Solo 401K and Roth Solo 401K in which they can roll over their older 401K and traditional IRA (except Roth ones) and take advantage of the other benefits of a Solo 401K, which is what Vlad wants?

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    7y

    @Costin I.

    Your understanding is incorrect.

    He must be a compensated employee in order to be able to PARTICIPATE in the plan at all.

    A 401(k) is an employer sponsored retirement plan.  To be eligible to participate in the plan, one must be a compensated employee of the business that sponsors the plan.

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    7y

    @Costin I.

    Brian is correct, he would need to be an employee to participate in the plan before he could roll in funds or make contributions. I do think that it can be worth it to make this change to gain spousal participation in a plan in some cases, though.

  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    7y

    @Costin I.

    Husband and wife need to be an owner and compensated/paid by the company to be eligible for a SOLO 401k plan. 

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