Do 72(t) Substantially Equal Periodic Payments (SEPP) Apply to Solo 401k Plans?

Yes — 72(t) Substantially Equal Periodic Payments (SEPP) can apply to a Solo 401(k), but only when the solo 401k plan is closed and transferred to an IRA. Here’s the clear, compliance-focused breakdown.


When 72(t) DOES Apply to a Solo 401(k)

72(t) SEPP distributions are allowed from a Solo 401(k) only if:

You Are No Longer Self-Employed in That Business

  • The Solo 401(k) must be tied to a business that has ended

  • No ongoing self-employment activity for that business

 In practice, the plan is will need to be terminated and the assets rolled to an IRA and distributions are taken directly from the IRA.

 When 72(t) DOES NOT Apply

 Active Solo 401(k) (Business Still Operating)

If you are still actively self-employed:

  • 72(t) cannot be used to bypass the 10% early distribution penalty

  • The plan is considered an active employer plan

  • Early distributions before age 59½ are generally prohibited

 Key Practical Reality (Important)

Common approach instead:

  1. Terminate the Solo 401(k)

  2. Roll assets to a Traditional IRA

  3. Start a 72(t) SEPP from the IRA

Additional SEPP Rules to Know

  • Payments must continue for 5 years or until age 59½, whichever is longer

  • Changing or stopping payments early triggers retroactive penalties + interest

  • Only one calculation method change is allowed (amortization → RMD)

Alternative to 72(t) (If You’re Still Self-Employed)

If you’re still operating the business:

  • Roth conversions

  • Participant loans (if permitted)

  • Waiting until 59½

  • Plan termination followed by IRA SEPP

Bottom Line

Scenario 72(t) Allowed?
Active Solo 401(k) ❌ No
Business closed / plan terminated ✅ Yes
IRA (post-rollover) ✅ Yes
Inside Solo 401(k) ❌ No

For more information, visit: https://www.mysolo401k.net/72t-distributions-basic-rules/

About Mark Nolan

Each day I speak with energetic entrepreneurs looking to take the plunge into a new venture and small business owners eager to take control of their retirement savings. I am passionate about helping others find their financial independence. Having worked for over 20 years with some of the top retirement account custodian and insurance companies I have a deep and extensive knowledge of the complexities of self-directed 401ks and IRAs as well as retirement plan regulations. Learn more about Mark Nolan and My Solo 401k Financial >>

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