
For tax year 2020 and future years, compensation paid to independent contractors will need to be reported on Form 1099-NEC. For prior years Form 1099-R MISC was used to report compensation paid to independent contractors.
This new Form 1099-NEC requirement will indirectly impact existing solo 401k participants and those planning to open a solo 401k plan in that they will now base their solo 401k self-employment income eligibility requirement on the new form instead of Form 1099-MISC.
By way of background, in order to participate in a solo 401k the individual must be self-employed through a formal entity such as an S-corporation, LLC, Partnership, etc., or as an independent contractor.















6 Comments
Thanks for the information, I have a question though.
I have a single member LLC, Can I open for my spouse a solo 401k if she gets 1099 nec from my LLC , or she has to have a W2 ?
If your LLC employs full-time W-2 employees then no because of the controlled group rules outlined in the following link: https://www.mysolo401k.net/solo-401k/solo-401k-controlled-group/
Can income from a 2021 1099-Misc form, as well from a 2021 1099-NEC form be contributed to a solo 401K? The 1099-Misc relates to 2021 income from an employer that I retired from in 2020.
I am a 1099-NEC (Freelancer or independent contractor). Can I open a solo 401K. If yes. What form do I report this contribution and what is the max amount I can contribute.
Thanks.
I receive 1099-NEC as the sole earned income and are very interested in putting the income into the self employed 401K to reduce the Adjusted Growth Income (AGI) on the next year tax return.
1. Am I eligible for the self-employed 401K ?
2. Do I have to setup (open) a sole proprietorship (with a separate tax ID) for this ? I currently get paid to my name and SS#. I read somewhere, that it is ok using my mane and SS# without a sole proprietorship as long as the 401K account has less than $250K.
Thanks.
I’m the owner of my LLC, no employee, I have 1099-NEC, can I have solo 401k? I heard only W-2 works, not 1099-NEC, is that true? Thank you