Self-Employed (Solo) 401(k) Plans

 

A Self-Employed 401(k) Plan is suitable for businesses in which the owner or owners are the only employees (there are no common law employees). The reason a self-employed individual may consider this plan option is that it may offer higher contribution limits than other retirement plans available for small businesses (SEP Plans or SIMPLE IRAs).

A Self-Employed 401(k) Plan is subject to certain IRS limits and regulations, but the administrative costs can be significantly less.

 

DESIGN FEATURES

Who May Adopt?

Self-Employed Employers (with no common law employees)

Employee Eligibility Requirements

Maximum Requirements:
Age 21 and 1 year (1,000 hours) of service

 * Less restrictive requirements allowed

Employee Deferral Contributions

Limited to:
$15,500 (2008)
$16,500 (2009)

 

Employer Matching Contributions

Employer may establish the plan as a Traditional 401(k) Plan, where Matching Contributions are discretionary, or as a Safe-Harbor Plan, where the Matching or QNEC Contributions are required

Employer Profit Sharing Contributions

Discretionary formulas allowed in any amount elected by the self-employed employer.

Maximum Annual Contributions

Employer Contributions are limited to:
25% of eligible participant wages
   
Employee Annual Additions are limited to:
Lesser of $49,000 or 100% of compensation (2009)

Are Catch-up Contributions Allowed?

Yes, limited to:
$5,500 (2008)
$5,500 (2009)

Contribution Deadlines

Employee Deferral Contributions
Must be deposited by the 15th business day following the month of deferral, or sooner if administratively feasible - the DOL has indicated that contributions made within 7 days will not be considered late
   
Employer Contributions
Must be made by the employer’s tax filing deadline, including extensions

Vesting Schedule

Employee Deferral Contributions are always 100% vested

Safe harbor Matching/QNEC Contributions are always 100% vested

Discretionary Employer Match and Profit Sharing Contributions may be subject to a vesting schedule.  Examples of possible vesting schedules include a three (3) year cliff (0,0,100) or a six (6) year graded (0,20,40,60,80,100)

Withdrawals and Loans

Withdrawals permitted only upon termination, death, disability or retirement.

Plans may elect to allow hardship or in-service withdrawals

Plans may elect to allow plan loans and must specify the parameters under which a participant can take a loan.

 Administration & Reporting Requirements

Top-heavy testing required

Form 5500 filing required

Fidelity Bond required

 
 
 

Retirement Strategies LLC
107 W. Main Street
Little Chute, WI 54140
Telephone: (920) 788-7052
www.retirementstrategies-wi.com

 

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