Can I set up a solo 401k if my business is owned by my living trust?

Solo 401k Question Answered – Can I set up a solo 401k if my business is owned by my living trust?

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Solo 401k Question:

Can I set up a Solo 401k if my self-employed business is owned by a trust set up by my wife and me?

RESPONSE:

Ultimately, if a self-employed individual owns their business for estate planning purposes through a trust, such a person may still open a Solo 401k for their business provided that such person is reporting earned self-employment income (e.g. file a schedule C, or receive a W-2 wage from a self-employed business taxed as an S-corporation) and further provided that there are no non-owner/non-spouse full-time w-2 employees working for any business owned by such person or a spouse (if any).

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About George Blower

I have the privilege of educating our clients about our products and services so that they can make informed and confident decisions about their financial future. Prior to joining My Solo 401k Financial, I served as the general counsel for a subsidiary of a Fortune 500 financial services company. Learn more about George Blower and My Solo 401k Financial >>

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