Regulations

Does W-2 Compensation from an LLC taxed as an S-corporation or an S-Corporation Include Health Insurance Premiums for Self-Directed Solo 401k Contribution Purposes?  

If your sefl-employed business entity type is an LLC taxed as an S-corporation or an S-corporation, the ability to contribute to the solo 401k is based on box 1 of the W-2 (plus any pretax elective deferrals not in box 1 but reported in box 12 of the W-2).   The amount that needs to […]

Penalty-Free Distributions from Plans Including Self-Directed Solo 401k Plans for Emergency Expenses Under SECURE Act 2.0

Effective in 2024 The SECURE Act of 2022 (SECURE 2.0) section 115 allows for early distributions from solo 401k plans as well as 403b and 457b plans up to $1,000 per year without having to pay a 10% early distribution penalty. The distribution only qualifies if the funds are used “for purposes of meeting unforeseeable […]

Employer Matching Contributions for Student Loan Payments Does Not Apply to Self-Directed Solo 401k Plans

Starting in 2024, SECURE 2.0 allows employers to make matching plan contributions on student loan repayments made by employees. Of course, the plan (e.g., 401k, 403b, 457b, and SIMPLE IRA) must first allow/provide for matching contributions. Unfortunately, this new provision does not apply to self-directed solo 401k plans because a solo 401k plan does not […]

Additional non-elective (Employer) contributions to SIMPLE plans

The SECURE Act of 2022 (SECURE 2.0) effective for 2024 and later years allows employers the option to make additional nonelective employer contributions during the year. These contributions may not exceed a uniform percentage of up to 10 percent of annual compensation, or—if less—$5,000 per employee. This amount is also indexed for inflation.

Mid-Year Switch from SIMPLE IRA to Safe Harbor 401(k) Plan NOT to a Self-Directed Solo 401k

The SECURE Act of 2022 (SECURE 2.0) now allows for a mid-year change of a SIMPLE IRA to a safe harbor 401k. This provision is effective for 2024 and going forward. Prior to the update in the rules, the change from a SIMPLE IRA to a 401k could only take place the next calendar year. […]

Self-Directed IRA Catch-Up Contributions Now Indexed

The SECURE Act of 2022 (SECURE 2.0) now allows for owners of Traditional and Roth IRAs to make higher additional catch-up contributions provided the owner is age 50 or older. Prior to the new provision, the catch-up was fixed at $1,000 but now it is indexed for inflation in $100 increments. This new provision is […]

Determining if You Qualify for a Partial Transfer/Direct Rollover of Pre Tax Solo 401k Funds to a Traditional IRA/Rollover IRA

Unless you are age 59 1/2 or older, which affords you the option to transfer funds out of the pre tax solo 401k to an IRA, the IRS rules required that you meet a triggering event as discussed below before you can gain access to your solo 401k funds for transfer/rollover purposes to an IRA. […]

You Should Never Allow it to Occur or Name Your Estate as the Beneficiary of Your Self-Directed IRA  

It is not a good idea to name your estate as the primary beneficiary of your self-directed IRA or to have your estate become the beneficiary of the self-directed IRA by default if you don’t complete a beneficiary election form. Make sure to periodically review your self-directed IRA beneficiary forms to ensure they are up-to-date. […]

Self-Directed IRA Brother and Sister Non-Eligible Designated Beneficiary Question

QUESTION: My sister and I were named as the non-spousal beneficiaries of my dad’s self-directed IRA. We are in our 50s and my dad passed away in 2023. My mom had already passed away about 5 years back. Can we stretch the self-directed IRA payments over our life expectancy? ANSWER: Stemming from the SECURE Act, […]

Quick Primer on the Self-Directed Roth IRA Including Roth IRA LLC Ordering Distribution Rules

Whether a distribution from a self-directed Roth IRA is taxable or not depends on whether it is considered qualified or nonqualified. Qualified Roth IRA distributions are not taxable. However, if it falls under the non qualified category then only part of it (generally the earnings) is taxable resulting in the payment of income tax and […]

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