Does Fidelity Allow 401k Loans?

Does Fidelity Allow 401k Loans?

Watch: How solopreneurs unlock Solo 401k participant loans by restating their Fidelity plan documents

Short answer: Fidelity’s basic Solo 401k plan does not allow 401k participant loans.
But that doesn’t mean you’re stuck. If you already hold a basic Fidelity Solo 401k — or you’re
comparing your options before opening one — you can upgrade (“restate”) your plan documents to those
provided by My Solo 401k Financial and unlock participant loans, the
Mega Backdoor Roth, alternative investments, and SECURE Act tax credits —
all while keeping your account right where it is at Fidelity.

Below is the comparative blueprint: why Fidelity’s basic plan blocks loans, how a restatement resolves it, and the
exact process to fund and execute your Solo 401k participant loan.

Key takeaway: A restatement is not a new plan and it does not shut down your existing plan.
Your plan simply continues — now governed by IRS-approved documents that enable Solo 401k loans, the
Mega Backdoor Roth, and more.

First, Are You Eligible for a Solo 401k?

Before discussing loans, start with eligibility. A Solo 401k — also called a one-participant
plan or owner-only plan — comes down to two fundamental requirements:

1. Self-Employment Income

You must report earned self-employment income on your taxes. How you report it depends on your entity type:

Business Tax Treatment Where the Income Is Reported
Sole Proprietor Schedule C earned self-employment income
S-Corp or C-Corp W-2 wages from the business
Partnership Line 14 of the K-1 you receive from the business

2. No Full-Time Non-Owner, Non-Spouse W-2 Employees

You cannot have any non-owner, non-spouse, full-time W-2 employees working for any business owned by you or your
spouse. For this purpose, a full-time W-2 employee is one working 1,000 hours per year with a year of
service, or 500 hours per year for two consecutive years.

Example: You and your spouse can both work in the business as W-2 employees and still qualify.
Only a non-owner, non-spouse full-time W-2 employee would prevent a solopreneur from establishing a Solo 401k.

Why Fidelity’s Basic Plan Blocks 401k Loans

Being eligible lets you open a Solo 401k — but there are big differences between the basic plans
offered by discount brokerages like Fidelity and an individually designed Solo 401k offered by
My Solo 401k Financial. Fidelity’s basic prototype plan documents simply don’t allow many of the
advanced features.

Feature Fidelity Basic Plan My Solo 401k Financial
Participant (401k) Loans Not Allowed Allowed
Alternative Investments (real estate, crypto) Not Allowed Allowed
Mega Backdoor Roth Contributions Not Allowed Allowed
In-Plan Roth Conversions Not Allowed Allowed
$1,500 in SECURE Act Tax Credits Not Allowed Allowed
Form 5500-EZ Filing Support Not Provided Included

The Fix: Restate Your Plan Documents

You’re not stuck with those basic Fidelity documents. The process to upgrade is called a restatement.
Importantly:

  • You are not setting up a second plan.
  • You are not shutting down your Fidelity plan and starting over.
  • Your plan continues — now governed by My Solo 401k Financial’s IRS-approved documents.

Those upgraded documents enable Solo 401k loans, Mega Backdoor Roth contributions, alternative
investments, and the ability to claim SECURE Act tax credits. Want the deeper mechanics on after-tax dollars? See our
detailed guide on the
Mega Backdoor Roth using a Solo 401k plan.

How the Process Works

  1. Replace the documents. We prepare your restated documents to upgrade your plan within the same business day when you sign up.
  2. Open new accounts. You’ll open new accounts — which can stay at Fidelity. These are called non-prototype or investment-only accounts, used by Fidelity for people who bring their own plan documents. We help you open them as part of onboarding.
  3. Transfer cash and assets. Move the cash and assets from your existing basic plan into the new accounts governed by the upgraded documents. Assets can transfer in kind — you don’t have to sell your investments.
Important: From Fidelity’s perspective, your existing account is still governed by their plan
documents. That’s why you open the new non-prototype account — moving the assets there is how Fidelity recognizes
your plan is now governed by My Solo 401k Financial’s documents.

Solo 401k Loan Rules at a Glance

A Solo 401k loan lets the solopreneur access money in their Solo 401k — for any purpose —
without taxes or penalties, as long as the loan stays within the required terms and is paid back on schedule. We prepare
all the required loan documents.

Loan Term Detail
Maximum Amount 50% of the balance, not to exceed $50,000
Interest Rate Prime plus 1% — or a comparable CD rate plus 2%
Repayment Term 5 years (longer if used to purchase your primary residence)
Payment Frequency Monthly or quarterly — equal payments of principal and interest
Prepayment Allowed early with no penalty
Repaid To The same Fidelity account from which the funds were withdrawn
Example: With $120,000 in your Solo 401k, you can borrow the full $50,000. With $60,000 in the account,
you could borrow up to $30,000 (50% of the balance).

Hassle-Free Document Preparation

When you let us know you want to take a loan, we prepare the amortization schedule and all required loan documents —
in one business day. You then repay according to the schedule, with the option to prepay early
with no penalty, back into the same account from which the funds were withdrawn.

Flat Fees and SECURE Act Tax Credits

My Solo 401k Financial charges a flat fee regardless of your account value: $650 initial cost
(a $525 establishment fee plus the first $125 annual fee), then a $125 annual fee starting twelve months
later. That covers ongoing support — including preparing required loan documents and electronic Form 5500-EZ filing
for clients who notify us in a timely fashion.

We were the first provider to offer a Solo 401k plan enabling Mega Backdoor Roth contributions, and the
first to enable solopreneurs to claim tax credits under the SECURE Act: $500 per year for three
consecutive years
($1,500 total). Because it’s a tax credit — a dollar-for-dollar reduction in tax
liability, not just a deduction — it more than covers our fees for the first seven years.

Did you know? Even added up across the first seven years, the flat fees wouldn’t amount to the full $1,500
in available SECURE Act tax credits. Learn more about how an individually designed
Solo 401k plan works.

Ready to Unlock 401k Loans in Your Fidelity Solo 401k?

Whether you already have a basic Fidelity plan or you’re just getting started, My Solo 401k Financial can
restate your documents — often the same business day — so you can take a Solo 401k loan, make
Mega Backdoor Roth contributions, and invest in alternative assets.

Next Steps:
Get Started Today!

Remember: This information is provided for educational purposes only. Always consult with qualified tax,
legal, and investment professionals before making decisions with your retirement funds.

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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