Learn if a Self-Employed Person Can Have a Solo 401k Plan

When it comes to retirement planning, self-employed individuals often wonder if they can enjoy the same advantages as those working for larger companies. The good news is that yes — self-employed people can have a Solo 401(k), provided certain eligibility requirements are met. Better yet, a Solo 401(k) can be one of the most powerful tools for building wealth, maximizing tax savings, and keeping retirement flexible.

Watch: Learn How a Self-Employed Person Can Open a Solo 401k and the Benefits

Who Qualifies for a Solo 401(k)?

A Solo 401(k), sometimes called an Individual 401(k), is designed for:

  • Self-employed individuals or business owners with no full-time W-2 employees (other than a spouse).

  • Spouses working in the same business, who can both participate in the same plan under a two-participant structure.

  • Businesses of nearly any type: sole proprietorships, LLCs, partnerships, or S-corporations.

Exclusions apply:

  • Full-time non-owner employees who work more than 1,000 hours per year generally disqualify the business.

  • However, workers under age 21, union employees, or independent contractors do not count toward this restriction.

Contribution Advantages

The Solo 401(k) outshines other retirement accounts, especially the SEP IRA, because it allows for:

  • Employee contributions (pre-tax or Roth).

  • Employer contributions (up to 20–25% of compensation depending on business type).

  • Voluntary after-tax contributions (enabling the Mega Backdoor Roth strategy).

  • Catch-up contributions — $7,500 in 2025 for those age 50+, plus a new “super catch-up” of $11,250 for ages 60–63 under SECURE Act 2.0.

By combining employee, employer, and after-tax contributions, Solo 401(k)s allow much higher total contributions compared to SEP IRAs and traditional IRAs.

Investment Flexibility

Unlike standard 401(k)s, a Solo 401(k) offers checkbook control, meaning you can invest beyond just mutual funds and ETFs. Examples include:

  • Real estate (residential, commercial, farmland).

  • Promissory notes (lending secured by real estate).

  • Precious metals (IRS-approved gold and silver).

  • Cryptocurrency.

  • Private equity and alternative assets.

This flexibility makes the Solo 401(k) particularly attractive to real estate investors, entrepreneurs, and those seeking alternative wealth-building strategies.

Borrowing Power

Another advantage: participant loans.

  • You can borrow up to 50% of your account balance (max $50,000).

  • Repay yourself with interest (typically prime +1%).

  • Use for any purpose — with extended terms (up to 30 years) if the loan is used to purchase a primary residence.

SEP IRAs and traditional IRAs do not allow participant loans.

Additional Benefits

  • Rollover flexibility — consolidate funds from 401(k)s, 403(b)s, 457(b)s, defined benefit plans, and IRAs.

  • Tax-advantaged growth — pre-tax contributions grow tax-deferred, while Roth contributions grow tax-free.

  • $1,500 auto contribution credit — a new government incentive ($500/year for three years) available for qualifying plans starting in 2024.

  • IRS reporting support — Solo 401(k) providers like My Solo 401k Financial assist with forms such as 1099-R and 5500-EZ when required and when timely requested.


Key Takeaways

  • Eligibility: You must be self-employed with no full-time employees (spouse excluded).

  • Contributions: Solo 401(k) allows higher and more diverse contribution types than SEP IRA or traditional IRA.

  • Investments: Offers unmatched flexibility in asset classes, from stocks to real estate to crypto.

  • Loans & Credits: Borrow against your balance and take advantage of the $1,500 auto contribution credit.

For solopreneurs and self-employed professionals, the Solo 401(k) is often the most powerful retirement vehicle available, combining tax savings, high contribution limits, flexible investment options, and long-term wealth-building potential.

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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  • About MySolo401k

    We help our clients take control of their retirement money. Our products and services provide our clients the freedom to invest their retirement savings in their own business as well as alternative investments such as real estate, private companies, promissory notes, precious metals, tax liens and equities.
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