Solo 401(k)
Contribute up to $69,000 per year as a self-employed individual
Self-Employed Retirement Plans: The $69,000 Opportunity
Self-employed individuals leaving money on the table. The average self-employed person with $100,000 net income could save approximately $18,000-$21,000 in annual taxes through strategic retirement contributions. A Solo 401(k) is one of the most powerful tools available to defer income and build tax-free wealth—yet 65% of eligible freelancers and small business owners haven't established one.
The Bottom Line
- Contribute up to $23,500 as employee deferrals plus 25% of net self-employment income as employer contributions (total $69,000 for 2026)
- Catch-up contributions add $7,500 for those 50+ ($76,500 total)
- Borrow against your balance (50% or $50,000 max) without penalties or taxes
- Invest in alternative assets like real estate, cryptocurrency, and private equity
- Set up costs range $50-$400 annually depending on provider
Comprehensive Definition & How Solo 401(k) Works
A Solo 401(k)—also called an Individual 401(k) or One-Participant 401(k)—is a qualified retirement plan specifically designed for self-employed individuals and business owners with no full-time employees. Unlike traditional IRAs limited to $7,000-$8,000 annual contributions, a Solo 401(k) permits contributions exceeding $69,000 annually, making it the highest contribution limit retirement vehicle available to most self-employed professionals.
How the two-tier contribution system works: You contribute as both an employee and employer. As an employee, you can defer up to $23,500 of your business income (2026). As the employer, you contribute up to 25% of your net self-employment income, calculated after the self-employment tax deduction. This dual structure allows maximum flexibility in contribution timing.
Historical context: Solo 401(k)s emerged in the early 2000s as the IRS recognized the gap in retirement planning options for solo entrepreneurs. The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001 introduced enhanced contribution limits specifically to encourage self-employed workers to save more for retirement.
Legal framework: Solo 401(k) plans are governed by IRC Section 401(k), ERISA regulations, and Department of Labor oversight. They must comply with non-discrimination testing rules, though as a one-person plan, this is typically automatic. The plan document must include specific provisions regarding loans, distributions, and investment options.
Who Benefits Most from Solo 401(k): Five Detailed Personas
1. The High-Income Freelancer ($120,000+ annual earnings)
Sarah is a freelance graphic designer earning $150,000 annually. She has no employees and operates as a sole proprietor. Previously maxing out her SEP-IRA at $37,500, she discovered she could contribute an additional $23,500 as employee deferrals, totaling $61,000. This strategy reduced her taxable income by $61,000, saving approximately $18,300 in federal and self-employment taxes. Additionally, Sarah maintains a Solo 401(k) loan to bridge cash flow gaps during slow seasons, borrowing against her account without penalties.
2. The Digital Entrepreneur with Multiple Income Streams ($80,000-$200,000)
Marcus runs a software development business ($120,000 revenue) and sells online courses ($60,000 revenue). His business structure as an S-Corporation strategy allows him to split income into W-2 wages and distributions. By establishing a Solo 401(k) through his S-Corp, Marcus can contribute $23,500 as employee deferrals plus substantial employer contributions from distributions. The loan provision is valuable—he used a $30,000 plan loan to purchase equipment without triggering a taxable event.
3. The Professional Service Provider (Consultant, Attorney, CPA)
Jennifer is a management consultant with $175,000 in annual billings. She values investment control and the ability to self-direct her retirement funds into private equity deals and real estate partnerships her clients discuss. The Solo 401(k)'s self-directed option (via custodians like Fidelity or Rocket Dollar) allows her to invest in alternative assets beyond traditional stocks and bonds, aligning her retirement savings with her investment philosophy.
4. The Side Hustler Transitioning to Full-Time ($40,000-$100,000 side income)
David runs a digital marketing side business earning $75,000 annually while employed full-time. His employer's 401(k) plan has already used his $23,500 employee deferral limit. His Solo 401(k) allows him to contribute as the employer on his side business income—approximately $18,750 (25% of $75,000 net). This keeps his side business income working for him through tax-deferred growth rather than paying taxes on additional income.
5. The Business Owner Planning for Early Retirement ($100,000-$500,000+ business income)
Robert owns a commercial cleaning company generating $300,000 in annual net income. At age 48, he's laser-focused on aggressive tax reduction and retirement security. He contributes the maximum: $23,500 employee + $75,000 employer contributions = $98,500 annually (exceeding the $69,000 limit with catch-up consideration). His Solo 401(k) includes a Roth feature, allowing tax-free growth on a portion of contributions. He also plans to use plan loans strategically to maintain liquidity while building retirement wealth.
Step-by-Step Implementation Guide (8 Steps, Complete Timeline)
Step 1: Verify Eligibility (Week 1) — Documents: Tax returns, business structure confirmation
Confirm you're self-employed with no full-time employees (part-time is allowed). Solo 401(k)s work for sole proprietors, partnerships, S-Corps, and LLCs. Review your 2025 tax return to calculate net self-employment income. If you're married filing jointly, both spouses can establish separate Solo 401(k)s if each has separate self-employment income. Pro tip: Part-time employees don't disqualify you—only full-time (typically 1,000+ hours/year) employees do.
Step 2: Choose Your Provider (Week 1-2) — Documents: Provider comparison list
Research administrators like Fidelity (lowest fees, $0-$50/year), Schwab, E*TRADE, or Rocket Dollar (for self-directed/alternative investments). Compare features: investment options, loan availability, self-directed capability, annual maintenance fees, and ease of administration. Schwab and Fidelity offer excellent platforms for beginners. Rocket Dollar is ideal if you want self-directed options for real estate or cryptocurrency. Pro tip: Many providers offer plan documents at no additional cost. Avoid high-fee advisors charging 1%+ AUM on small balances.
Step 3: Establish the Plan (Week 2-3) — Documents: Plan adoption agreement, IRS Form 5305-SEP (if applicable)
Complete the provider's plan adoption agreement. Many use prototype plans (pre-approved by IRS) requiring just signature and basic information. Filing Form 5305 is optional—the IRS doesn't require it, but documentation proves establishment. Pro tip: Establish the plan by December 31 of the year you want to contribute (you have until tax filing deadline to make actual contributions). If starting late, you can still establish a plan on April 15 via tax filing deadline if covered by a tax extension.
Step 4: Open the Investment Account (Week 3-4) — Documents: Account statements, beneficiary designations
Fund the account with your initial contribution. Link to your business bank account for online transfers. Designate beneficiaries (spouse is typical). Set investment elections (mutual funds, ETFs, or alternative investments depending on provider). Pro tip: Don't delay funding. The sooner money is invested, the longer it grows tax-free. Start with conservative allocations if uncertain, adjusting within 30-60 days.
Step 5: Calculate Your Contribution Limits (Week 4) — Documents: Contribution calculation worksheet
Gather your business income documentation (profit/loss from Schedule C or K-1). Calculate: Employee deferral limit (up to $23,500) and employer contribution (25% of net self-employment income minus half of self-employment tax). Use IRS Publication 560 or your provider's calculator. Example: $100,000 net income yields approximately $23,500 employee + $18,500 employer = $42,000 total. Pro tip: Self-employed workers use a formula adjusting for self-employment tax—it's not exactly 25% of gross income.
Step 6: Make Your Contribution (Before Tax Filing) — Documents: Contribution documentation, cancelled checks
Deposit funds into your Solo 401(k) by your tax filing deadline (April 15 for calendar year, or extended date if applicable). You can contribute even after year-end if you file an extension, giving you months to plan. For S-Corps, coordinate timing with K-1 distributions and W-2 wage payments. Keep records: deposit dates, amounts, and allocation between employee deferrals and employer contributions. Pro tip: Make contributions early in tax season to maximize compounding and avoid last-minute confusion.
Step 7: Document and File (Throughout Year) — Documents: Contribution records, annual Plan Information Report if required
Keep organized records of all contributions, loans (if applicable), and investment changes. If your plan exceeds $250,000 in assets, you may need to file Form 5500-SF annually (simple filing). Most small Solo 401(k)s don't trigger this requirement initially. Maintain records for 6 years minimum per IRS guidelines. Pro tip: Use your provider's online portal to track contributions in real-time.
Step 8: Annual Review and Adjustment (January-March of Following Year)
Review contribution limits for the new year (they adjust for inflation). Update your plan if business structure changes or if you hire employees (triggers different planning). Rebalance investments quarterly or annually. Pro tip: Set calendar reminders for contribution deadlines—missing the deadline means losing that year's contribution opportunity.
Timeline summary: Weeks 1-2 (research/eligibility), Week 2-3 (plan establishment), Week 3-4 (account setup), Week 4 (calculations), Before April 15 (funding). Total setup time: 3-4 weeks for straightforward situations.
Common pitfalls and recovery: (1) Missing the contribution deadline—you can still contribute if you file an extension, but must fund by extended deadline. (2) Calculating income wrong—use Form 1040-ES or tax software to verify. (3) Hiring an employee—you can no longer use a Solo 401(k); convert to SEP-IRA or SIMPLE IRA. (4) Loan violations—default on a loan triggered early distribution taxes; avoid by repaying loans as agreed.
Real Numbers: Detailed Tax Calculation Examples
Scenario A: Freelancer with $75,000 Net Income
Sarah has a freelance design business earning $75,000 in net self-employment income (after business expenses). Without a Solo 401(k), she pays federal income tax plus self-employment tax on all $75,000. With a Solo 401(k):
- Employee deferral: $23,500 (max allowed)
- Employer contribution: ($75,000 - $1,765 SE tax deduction) × 20% = $14,647
- Total contribution: $38,147
- Taxable income reduced: $38,147 (saves ~$10,541 in combined federal/self-employment taxes at 28% marginal rate)
Scenario B: S-Corp Owner with $150,000 Net Income
Marcus runs an S-Corp generating $150,000 net income. He takes a W-2 salary of $80,000 and $70,000 in distributions. Solo 401(k) calculation:
- Employee deferral: $23,500 (up to W-2 wages)
- Employer contribution: ($80,000 W-2) × 25% = $20,000
- Total contribution: $43,500
- Tax savings: ~$13,050 (30% combined rate)
- Note: S-Corp structure allows more flexibility in separating W-2 vs. distribution income
Scenario C: High-Income Consultant with $250,000 Net Income (Age 55, Catch-up eligible)
Jennifer is a consultant earning $250,000 annually. She's 55 and qualifies for catch-up contributions. Maximum contributions:
- Employee deferral: $23,500
- Catch-up contribution (50+): $7,500
- Employer contribution: ($250,000 - $2,941 SE tax deduction) × 20% = $49,412
- Total possible: $80,412 (exceeds statutory $69,000 limit with catch-up)
- Actual maximum: $76,500 (with $7,500 catch-up)
- Tax savings: ~$22,950 (30% marginal rate)
Scenario D: Side Hustler with $50,000 Side Income + Employed Full-Time
David works full-time (maxing $23,500 employee deferral in employer plan) and has a $50,000 side business. Solo 401(k) for side business:
- Employee deferral: $0 (already maxed through employer plan; limit is per-person, not per-plan)
- Employer contribution: ($50,000 - $782 SE tax deduction) × 20% = $9,844
- Total contribution: $9,844
- Tax savings: ~$2,953 (30% marginal rate)
- This still provides valuable tax deferral on side income
Before/After Tax Impact Comparison:
| Income Level | Without Solo 401(k) | With Solo 401(k) | Annual Tax Savings |
|---|---|---|---|
| $75,000 | $75,000 taxable | $36,853 taxable | $10,541 |
| $150,000 | $150,000 taxable | $106,500 taxable | $13,050 |
| $250,000 | $250,000 taxable | $173,500 taxable | $22,950 |
10-Year Impact Analysis: A 35-year-old freelancer contributing $40,000 annually for 30 years until age 65 with 7% average annual returns accumulates approximately $5.2 million (tax-free) versus $3.1 million in a taxable account. The Solo 401(k) builds approximately $2.1 million additional wealth through tax deferral and compounding.
Advanced Strategies for Maximum Tax Optimization
Strategy 1: Roth Solo 401(k) Hybrid Approach
Contribution: Allocate a portion of employer contributions to a designated Roth Solo 401(k). While Roth contributions don't reduce current taxes, the growth is tax-free and qualified distributions (age 59½, 5-year holding) avoid taxes entirely. Example: A $150,000 income earner contributes $20,000 employee deferral (traditional, tax-deductible) and $15,000 Roth contributions (non-deductible). Over 20 years at 8% growth, the $15,000 Roth grows to ~$69,900 tax-free. Implementation: Most providers (Fidelity, Schwab) offer Roth Solo 401(k)s with separate accounting. Pro tip: Roth conversions work well if you expect higher tax brackets in retirement or want tax-free legacy wealth for heirs.
Strategy 2: Solo 401(k) Loan Strategy for Business Liquidity
Borrow up to 50% of account balance or $50,000 (whichever is less) without triggering taxes or penalties. Structure: Interest rate is prime + 1-2% (currently 8-9%), with typical 5-year repayment. Advantage: Funds remain invested while you access capital. Example: A consultant with $100,000 in a Solo 401(k) borrows $50,000 at 8.5% for equipment purchase. Monthly payment: $966. The remaining $50,000 continues earning 7-8% annual returns. Total interest paid ($5,753) is paid to your own account. Implementation: Fidelity, Schwab, and plan administrators facilitate loans. Pro tip: Use loans for business investments (equipment, inventory) rather than personal consumption—this maintains the retirement plan's integrity and maximizes ROI.
Strategy 3: Self-Directed Solo 401(k) for Alternative Investments
Expand investment options beyond traditional stocks/bonds to include real estate, private equity, cryptocurrency, and promissory notes. Setup: Use specialized custodians (Rocket Dollar, Directed IRA, Horizon Trust) that allow self-direction. Example: A real estate investor uses a self-directed Solo 401(k) to purchase a $200,000 rental property ($100,000 down payment from Solo 401(k), $100,000 mortgage with non-recourse financing). Rental income flows into the Solo 401(k) (tax-free in account) for 20 years, building wealth. Implementation: Requires finding custodian, completing more paperwork, and understanding prohibited transaction rules. Pro tip: Prohibited transactions (selling to relatives, borrowing from plan) can disqualify the entire plan; work with custodian to ensure compliance. Cost: Self-directed Solo 401(k)s charge $1,000-$3,000 setup plus $250-$500/year admin, but justify themselves with alternative investment opportunities.
Strategy 4: Business Structure Optimization (S-Corp + Solo 401(k))
Combine S-Corp election with Solo 401(k) for maximum tax efficiency. How it works: S-Corp allows income splitting into W-2 wages and distributions. Contributions: Employee deferral comes from W-2 wages, employer contribution (up to 25%) comes from distributions, reducing both payroll and income taxes. Example: A $300,000 income earner as S-Corp takes $120,000 W-2 + $180,000 distribution. Solo 401(k) contributions: $23,500 employee + $30,000 employer (25% of $120,000 W-2) = $53,500 total. Compared to sole proprietor ($69,000 limit but limited flexibility), the S-Corp strategy isolates tax deferral while optimizing payroll tax savings. Implementation: Requires S-Corp formation (state filing, EIN), quarterly payroll processing, and Form 1120-S tax filing. Pro tip: S-Corp with Solo 401(k) is ideal for net income exceeding $150,000; below that, administrative burden may outweigh tax benefits. Costs: $500-$1,500 annual accounting vs. $3,000-$5,000+ in tax savings.
Strategy 5: Spousal Solo 401(k) with Separate Account Accumulation
If both you and your spouse have self-employment income, establish separate Solo 401(k)s to maximize combined contributions. Example: Husband earns $120,000, wife earns $80,000 in separate freelance businesses. Combined contributions: Husband's Solo 401(k) ($40,000) + Wife's Solo 401(k) ($28,000) = $68,000 household tax deferral vs. $40,000 if only husband has plan. Implementation: Each spouse maintains separate business, separate business accounts, and separate Solo 401(k)s. This is straightforward with online platforms. Pro tip: Spousal accounts also provide flexibility in withdrawal timing—one spouse can take distributions while the other's continues growing, useful in early retirement scenarios.
Seven Common Mistakes and How to Fix Them
Mistake 1: Excess Contributions (Contributing Beyond Limits)
Problem: Over-contributing triggers excise taxes (6% annually on excess until corrected) and income tax consequences. Example: Earner calculates $50,000 employer contribution but actually qualifies for $48,000; $2,000 excess triggers 6% tax ($120) each year until fixed. Recovery: File Form 5330 within tax filing deadline to report excess. Withdraw excess plus earnings (taxed) and file amended return. Pro tip: Use provider's contribution calculator or consult CPA before funding to avoid this entirely.
Mistake 2: Employer Without Realizing It (Hiring Creates Disqualification)
Problem: Hiring even one full-time employee disqualifies Solo 401(k); must convert to SEP-IRA or SIMPLE IRA or traditional 401(k). Recovery: Some providers allow plan amendments; others require termination and rollover. If already contributed, money rolls over to new plan with no tax consequence, but lose Solo 401(k) advantages going forward. Pro tip: Clarify employee status before hiring (independent contractor vs. employee). Part-time and seasonal workers (under 1,000 hours/year) don't trigger disqualification.
Mistake 3: Missing the Contribution Deadline
Problem: Contributions must be made by tax filing deadline (April 15 or extended date). Miss it, and that year's contribution opportunity is lost permanently. Example: Freelancer forgets to contribute by April 15; by June 1, can no longer contribute for prior year. Recovery: File Form 5558 requesting late contribution extension (rare approval) or proceed with filing return without Solo 401(k) contribution. Next year, plan ahead. Pro tip: Set contribution deadline reminders in January; most providers offer automatic deposit options.
Mistake 4: Loan Default and Unexpected Taxation
Problem: Defaulting on Solo 401(k) loan triggers immediate income tax and 10% early withdrawal penalty (if under 59½). Example: Borrower borrows $40,000, loses job, can't repay. Loan becomes taxable distribution: $40,000 income tax + $4,000 penalty = $14,000-$16,000 tax bill. Recovery: Negotiate with plan administrator for forbearance (temporary payment pause) or accelerated repayment plan. If terminating employment or plan, ensure loan is paid off or treated as distribution. Pro tip: Only borrow what you can comfortably repay; treat plan loans like real loans.
Mistake 5: Prohibited Transactions (Self-Dealing)
Problem: Transacting with disqualified persons (yourself, family, controlled entities) triggers disqualification of entire plan and immediate taxation of all assets. Example: Borrowing from your Solo 401(k) to fund personal real estate (not allowed), or selling company assets to plan. Recovery: None—prohibited transaction disqualifies plan. Entire balance becomes taxable. Pro tip: Understand prohibited transaction rules (IRS Publication 560) or use self-directed custodians who provide guidance. Never mix personal and plan transactions.
Mistake 6: Incorrect Income Calculation
Problem: Miscalculating net self-employment income leads to wrong contribution limits. Example: Self-employed person uses gross revenue ($100,000) instead of net income ($60,000) to calculate contribution, over-contributing by $10,000. Recovery: File Form 5329 acknowledging excess contribution. Pay 6% excise tax and amend tax return. Withdraw excess before next year ends. Pro tip: Use IRS Publication 560 worksheet or tax software to verify calculations before contributing.
Mistake 7: Mixing Employee and Employer Plans
Problem: If already participating in an employer 401(k), employee deferral limit ($23,500) is shared across all plans—not per plan. Many unaware soloists over-contribute. Example: Employee already contributed $23,500 to employer plan; separately establishes Solo 401(k) and contributes another $23,500 employee deferral (total $47,000 vs. $23,500 limit). Recovery: File Form 5329 disclosing excess and excess earnings tax. Contact plans to designate contributions. Usually, employer plan trustees process correction. Pro tip: Before establishing Solo 401(k) if employed elsewhere, verify you haven't already maxed employee deferrals.
Solo 401(k) vs. Alternative Retirement Plans: Detailed Comparison
| Feature | Solo 401(k) | SEP-IRA | SIMPLE IRA |
|---|---|---|---|
| Max Annual Contribution (2026) | $69,000 | $69,000 | $16,500 (employee) + 3% employer |
| Employee Deferrals | Yes ($23,500) | No | Yes ($16,500) |
| Loan Provisions | Yes (50% or $50K) | No | No |
| Investment Options | Broad (self-directed available) | Limited | Limited |
| Roth Option | Yes (Roth deferrals) | No | No |
| Employee Coverage | None allowed* | Supports employees | Requires employees |
| Setup/Admin Cost | $50-$400/year | $25-$150/year | $100-$300/year |
| Contribution Timing | By tax deadline | By tax deadline | By business deadline |
Key Distinctions:
SEP-IRA (Simplified Employee Pension): Easier to set up but no employee deferrals and no loans. Maximum contribution equals Solo 401(k) ($69,000 in 2026), but calculated solely as employer contribution (up to 25% of net self-employment income). Advantage: Simple administration if you have part-time employees; disadvantage: lower flexibility and no loans. Best for: Simple, low-income businesses ($40,000-$60,000) wanting minimal paperwork.
SIMPLE IRA: Requires employees to contribute (3-6% match or 2% non-elective), limiting flexibility. Lower annual limits ($16,500 + 3% employer) compared to Solo 401(k). Advantage: Straightforward payroll integration if employing full-time staff; disadvantage: mandated employee participation and lower contribution limits. Best for: Small employers (2-10 employees) with simple payroll needing retirement benefits.
Recommended Tools, Providers, and Calculators
Solo 401(k) Providers & Administrators:
- Fidelity (fidelity.com/401k) — $0-$50/year, excellent platform, broad investment options, easy to use. Best for: Beginners and those wanting traditional stocks/ETFs.
- Charles Schwab (schwab.com/accounts/solo-401k) — $0-$75/year, competitive with Fidelity, strong mobile app. Best for: Existing Schwab customers wanting integrated experience.
- E*TRADE (etrade.com/what-we-offer/retirement) — Similar to Schwab/Fidelity, good for active traders. Best for: Those seeking advanced trading tools.
- Rocket Dollar (rocketdollar.com) — $1,000 setup + $150-$300/year, specializes in self-directed (real estate, crypto, private equity). Best for: Alternative investment enthusiasts.
- Directed IRA (directedira.com) — $695 setup + $75-$350/year, self-directed specialist with robust compliance. Best for: Sophisticated investors with alternative assets.
Tax Calculators & Planning Tools:
- IRS Publication 560 (free PDF) — Official guide with contribution worksheets
- TaxAct/TurboTax Self-Employed — Built-in Solo 401(k) contribution calculators
- Provider calculators — Most custodians provide free online calculators
- Spreadsheet template — Create custom income/contribution tracker
Professional Resources:
- CFP or CPA specializing in self-employed tax planning ($200-$400/hour consultation)
- Tax professional review (highly recommended before first contribution)
Understanding Solo 401(k): Expanded Questions & Detailed Answers
(See FAQ section below for expandable items — preview here with key questions covered)
Frequently Asked Questions About Solo 401(k)
For 2026, you can contribute up to $23,500 as an employee deferral plus up to 25% of net self-employment income as employer contributions, for a combined total maximum of $69,000 (or $76,500 if age 50+). The employee deferral limit increases annually for inflation; these 2026 limits will likely be higher in 2027. Catch-up contributions of $7,500 for those 50+ are in addition to the base limits.
Yes, you can have both, but the employee deferral limit ($23,500 for 2026) is shared across all 401(k) plans you participate in—it's a per-person limit, not per-plan. However, employer contributions are calculated separately for each plan. This is particularly useful for side hustlers: you max deferrals through your employer plan, then contribute employer contributions to your Solo 401(k) based on side business income.
Yes, you can borrow up to 50% of your account balance or $50,000, whichever is less. Loans are tax-free (no income tax or early withdrawal penalties), though the interest you pay is paid to your own account. Typical terms are 5 years with interest calculated at prime rate plus 1-2%. This is a key advantage over SEP-IRAs and SIMPLE IRAs, which don't allow loans at all. Important: loan defaults trigger tax consequences—treat plan loans seriously and repay as agreed.
No, a Solo 401(k) requires zero full-time employees. Hiring even one full-time employee disqualifies you. Part-time and seasonal workers (under 1,000 hours/year) don't trigger disqualification. If you hire a full-time employee, you must convert to a SEP-IRA, SIMPLE IRA, or traditional 401(k) that covers employees. Existing funds roll over without tax consequence, but you lose the Solo 401(k) advantages going forward. Plan ahead if expansion is anticipated.
No, employer contributions require net self-employment income. If your business has no profit, you can only contribute employee deferrals (up to $23,500), and only if you have sufficient net income to cover it. Years with no income mean no contributions possible. This is a limitation compared to W-2 employees who can defer salary regardless of employer profitability. Plan ahead in profitable years to contribute maximum allowed amounts.
You must establish the plan by December 31 of the year you want to contribute (for that year's contribution). However, you have until your tax filing deadline (April 15 following year, or extended date if applicable) to actually fund the contributions. For example, to make 2026 contributions, establish the plan by December 31, 2026, and fund it by April 15, 2027 (or October 15 if extended). This grace period is valuable—you can set up late in the year and still fund early the following year.
Solo 401(k)s are not inherently audited more frequently than other retirement plans, but proper documentation is essential. Maintain clear records of: business income (profit/loss statements), contribution calculations, fund deposits, investment statements, and loan documentation. If using a self-directed plan with alternative investments, documentation is even more critical—prohibited transactions are areas IRS scrutinizes closely. Working with a tax professional and keeping organized records minimizes audit risk substantially.
A self-directed Solo 401(k) expands investment options beyond traditional stocks/bonds to include real estate, private equity, cryptocurrency, and promissory notes. Setup: Use specialized custodians (Rocket Dollar, Directed IRA) that facilitate alternative investments. Considerations: Higher costs ($1,000+ setup, $250-$500/year), more paperwork, and stricter compliance requirements. Prohibited transaction rules are critical—transactions with disqualified persons (family, yourself) disqualify the entire plan. Only consider self-directed if you have specific alternative investment opportunities and understand prohibited transaction rules thoroughly.
Traditional Solo 401(k) contributions reduce current year taxes. Roth Solo 401(k) contributions don't reduce current taxes but provide tax-free growth and qualified distributions (age 59½, 5-year holding period). Hybrid approach: contribute employee deferrals as traditional (tax-deductible) and employer contributions as Roth (non-deductible). Example: $20,000 traditional deferral + $15,000 Roth employer contribution. The Roth portion grows tax-free—over 25 years at 8% growth, $15,000 becomes $100,000 tax-free. Roth is valuable if you expect higher tax brackets in retirement or want tax-free legacy wealth for heirs. No income limits on Roth Solo 401(k) contributions (unlike Roth IRAs).
Required minimum distributions (RMDs) begin at age 73 (under current SECURE 2.0 Act rules). You must withdraw a calculated percentage annually based on life expectancy. However, Solo 401(k)s offer flexibility: the "still-working exception" allows deferral of RMDs if you're still actively working and don't own more than 5% of the business. Most Solo 401(k) owners can defer RMDs while working. Roth Solo 401(k) contributions have RMDs during your lifetime (unlike Roth IRAs), but your beneficiaries inherit tax-free growth. Plan RMD timing as you approach age 73.
Maintain documentation showing: (1) Schedule C (Form 1040) for sole proprietors showing business profit/loss; (2) Form 1099-NEC or invoices for freelancers documenting self-employment income; (3) K-1 (Form 1065/1120-S) for partnerships/S-Corps; (4) Bank deposits matching claimed income. The IRS requires you to prove the income you're basing contributions on. Contribution calculations must be documented: use your provider's worksheet or create a spreadsheet showing gross income minus business expenses equals net income, then calculate employee deferral (capped at $23,500) and employer contribution (25% of net minus SE tax). Keep all records 6+ years per IRS requirements.
With a traditional custodian (Fidelity, Schwab), cryptocurrency purchases are restricted. However, with a self-directed Solo 401(k) and appropriate custodian (Rocket Dollar, Directed IRA), you can invest in cryptocurrency. Meme stocks and volatile stocks are allowed in both custodian types—they're publicly traded securities. Important caveat: High-risk investments in retirement accounts can deplete your savings. Solo 401(k)s are long-term wealth builders; consider conservative allocation (stocks, bonds) for core holdings with alternative investments as a smaller percentage. Volatility that might be acceptable in a taxable account can damage long-term retirement security when tax-deferred growth is interrupted.
Yes, excess contributions can be corrected. File Form 5329 (Return of Excise Taxes Related to Qualified Retirement Plans) with your tax return acknowledging the excess. Pay the 6% excise tax on the excess amount. Withdraw the excess contribution plus earnings before year-end (to avoid additional taxes). File an amended return (Form 1040-X) if you already filed. The key is correcting it promptly—leaving excess contributions in place triggers 6% annual excise tax until corrected. Example: $2,000 excess × 6% = $120 annual tax until withdrawn. Proper calculation before contributing prevents this issue entirely—use your provider's calculator or consult a CPA.
Both structures allow Solo 401(k)s. Sole proprietor is simpler: file Schedule C, establish Solo 401(k) based on net profit. S-Corp is more complex but offers flexibility: split income into W-2 wages and distributions, allowing strategic contribution planning and potential payroll tax savings. For incomes under $150,000, sole proprietor is typically sufficient. For incomes $150,000+, S-Corp with Solo 401(k) provides optimization. Example: $300,000 income as S-Corp ($120,000 W-2 + $180,000 distribution) allows $23,500 employee deferral + $30,000 employer contribution ($120,000 × 25%) while maintaining lower payroll taxes. Costs: S-Corp requires business formation, EIN, quarterly payroll processing, Form 1120-S tax filing ($500-$1,500 accounting). Calculate: tax savings vs. administrative burden. Generally worthwhile above $150,000 income.
Yes, you can rollover a Solo 401(k) to a traditional IRA tax-free (a "direct rollover"). This is useful if you no longer have self-employment income or want to simplify. Important distinction: traditional Solo 401(k) contributions rollover to traditional IRA; Roth Solo 401(k) contributions rollover to Roth IRA. Post-rollover, you lose Solo 401(k) advantages: no loans (IRAs prohibit loans), lower contribution limits ($7,000-$8,000 annually), and less flexibility. Rollover is typically a one-way street—reversing requires establishing a new plan. Decide carefully: keeping Solo 401(k) is usually advantageous even with small balances due to greater flexibility and contribution capacity.
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