Solo 401(k) at Any Age: $72,000 Under 50, $83,250 at 60–63

Solo 401(k) at Any Age: $72,000 Under 50, $83,250 at 60–63

Direct Answer: A Solo 401(k) lets self-employed owners with no full-time non-owner, non-spouse employees contribute up to $72,000 for 2026. Owners age 50 to 59, or 64 and older, add an $8,000 catch-up, for up to $80,000. Owners age 60 through 63 add an $11,250 super catch-up instead, for up to $83,250. Each total requires enough self-employment income.

Key takeaways: Solo 401(k) limits for 2026

  • The overall Solo 401(k) contribution limit for 2026 is $72,000, combining employee, employer, and voluntary after-tax contributions, and it cannot exceed self-employment compensation.
  • The 2026 Solo 401(k) employee deferral limit is $24,500, capped at 100% of self-employment compensation.
  • Participants age 50 to 59, or 64 and older, at the end of 2026 may add an $8,000 catch-up contribution, raising the potential total to $80,000.
  • SECURE 2.0 created an $11,250 super catch-up for ages 60 to 63 in 2026, replacing the $8,000 catch-up and raising the potential total to $83,250.
  • A spouse who works in the business and has earned self-employment income can join the Solo 401(k), and two spouses could contribute $144,000 or more in 2026.
  • A Mega Backdoor Roth requires a plan document that allows voluntary after-tax contributions, and that standard discount-brokerage Solo 401(k) plans do not allow them.
  • Per IRS Publication 560 as cited in the webinar, the contribution deadline is the business tax return deadline, including timely filed extensions.

How much can I contribute to a Solo 401(k) in 2026 if I’m over 50?

A Solo 401(k) participant age 50 or older at the end of 2026 can add a catch-up contribution on top of the standard limits. The standard catch-up for 2026 is $8,000.

“So for 2026, your standard catch-up contribution amount is $8,000. Now, that’s on top of the $24,500 base because really the catch-up contribution is just an additional employee contribution.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial (6:39 in the webinar)

The Solo 401(k) catch-up rules for ages 50 to 59 also apply to anyone age 64 or older at the end of 2026. The $24,500 base deferral stays in place, and employer and voluntary after-tax contributions can still be added.

What is the Solo 401(k) super catch-up for ages 60 to 63?

SECURE 2.0 created a super catch-up contribution for Solo 401(k) participants age 60 to 63 as of the end of 2026. The super catch-up is $11,250 instead of the $8,000 standard catch-up.

“Now, with SECURE Act 2.0, an additional catch-up contribution bucket was created. Now, this is instead of your standard catch-up contribution. So instead of $8,000, if you’re age 60 to 63 as of the end of 2026, you can make a $11,250 super catch-up contribution.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial (8:41 in the webinar)

A Solo 401(k) participant in that age band can defer up to $35,750 as an employee. Adding employer or voluntary after-tax contributions brings potential 2026 contributions to $83,250, subject to income.

Solo 401(k) 2026 contribution limits by age group (as of December 31, 2026)
Age group Employee deferral Catch-up Total employee deferral Potential total with employer or after-tax
Under 50 $24,500 None $24,500 $72,000
50 to 59, or 64 and older $24,500 $8,000 $32,500 $80,000
60 to 63 $24,500 $11,250 (super catch-up) $35,750 $83,250

The Solo 401(k) 2026 potential total is $72,000 under age 50, $80,000 at ages 50 to 59 and 64 and older, and $83,250 at ages 60 to 63, each subject to sufficient self-employment income.

Example: A 61-year-old sole proprietor with enough income could defer $24,500 plus an $11,250 super catch-up, or $35,750, before any employer or after-tax contribution. The webinar puts the potential total for that age band at $83,250.

Live webinar: Never Too Late: Using a Solo 401(k) to Supercharge Your Retirement Savings at Any Age, hosted by My Solo 401k Financial.

Is it too late to open a Solo 401(k) for 2026?

A Solo 401(k) can still be established for 2026.

“There is good news though for solopreneurs who are therefore eligible to set up a Solo 401(k) as it is purpose-built to help you catch up fast. The clock is ticking, but the window is still open.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial (1:42 in the webinar)

My Solo 401k Financial establishes a Solo 401(k) within the same business day. This preserves the ability to make 2026 contributions by the 2026 business tax return deadline, including extensions into 2027.

“Now, for 2026, you have time. You can establish the plan by the end of the year. So, December 31st. And really, that just means signing up with My Solo 401k Financial because we established the plan within the same business day.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial (3:42 in the webinar)
Important: Solo 401(k) contribution deadlines depend on how the business is taxed. For example, April 15 or October 15 for a sole proprietorship and March 15 or September 15 for a calendar-year S corporation.

Who qualifies for a Solo 401(k)?

A Solo 401(k) is available to self-employed individuals with no full-time non-owner, non-spouse W-2 employees. A business owned by the individual or a spouse must have no such employees.

The Solo 401(k) has the highest contribution limits of any defined contribution plan available to self-employed individuals. The owner can contribute as both employee and employer, which fills multiple contribution buckets.

What are the Solo 401(k) contribution buckets?

A Solo 401(k) offers up to five buckets in 2026m. All contributions combined cannot exceed the lesser of self-employment compensation or the $72,000 overall limit, before catch-up.

Solo 401(k) contribution types and 2026 limits stated in the webinar
Contribution type Tax treatment 2026 limit stated in the webinar Who can use it
Employee deferral Pre-tax or Roth 100% of self-employment compensation, up to $24,500 All participants
Catch-up Employee contribution $8,000 Age 50 to 59, or 64 and older
Super catch-up Employee contribution $11,250 instead of $8,000 Age 60 to 63
Employer profit sharing Pre-tax 20% or 25% of self-employment income, depending on how the business is taxed All participants with self-employment income
Voluntary after-tax After-tax, convertible to Roth 100% of self-employment compensation, up to the $72,000 overall limit Plans that allow it

Can a spouse contribute to the same Solo 401(k)?

A spouse who works in the business can be added to the same Solo 401(k) and still keep it a Solo 401(k). The spouse receives a separate set of contribution buckets.

“So, if each spouse has the income to justify it between the two for 2026, they could be contributing $144,000 and more if they’re both eligible for catch-up contributions as well.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial (10:10 in the webinar)

The spouse does not need to own the business. The spouse must work in the business and have earned self-employment income. Each spouse’s limit depends on age, self-employment income, and contributions to any other plan.

What is a Mega Backdoor Roth in a Solo 401(k)?

A Mega Backdoor Roth saves more into a Roth account than standard Roth IRA or Roth 401(k) limits allow. A Solo 401(k) participant uses a two-step process.

Step one is a voluntary after-tax contribution, which the plan document must allow. Step two converts the after-tax funds to a Roth Solo 401(k) or a Roth IRA. Read the Mega Backdoor Roth Solo 401(k) guide for the full process.

“With the mega backdoor Roth individuals can contribute up to $72,000 for 2026 where those funds end up in your Roth account. So that’s almost 10 times what that individual could contribute for example to a Roth IRA.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial (12:58 in the webinar)

The voluntary after-tax limit is 100% of self-employment compensation, dollar for dollar, up to the $72,000 overall limit. Other employee and employer contributions count toward that same overall limit.

Standard discount-brokerage Solo 401(k) plans do not allow Mega Backdoor Roth contributions. A participant needs a plan document that permits voluntary after-tax contributions.

How do traditional and Roth contributions compare in a Solo 401(k)?

A Solo 401(k) from My Solo 401k Financial allows traditional pre-tax, Roth, and Mega Backdoor Roth contributions. Traditional contributions reduce taxable income for the contribution year.

Roth contributions do not reduce taxable income for the contribution year, but they offer potential tax-free growth. Some commentators say traditional contributions suit a high bracket today, while Roth suits expected rate increases.

An in-plan Roth conversion moves pre-tax dollars already in the Solo 401(k) to Roth status. Tax is owed for the year of conversion, and later growth has the potential to be tax-free.

Can I roll an old 401(k) or IRA into a Solo 401(k)?

A Solo 401(k) can receive rollovers from a former employer plan or an IRA. Many participants age 50 and older consolidate old accounts into one Solo 401(k) for administrative ease.

A self-directed Solo 401(k) plan from My Solo 401k Financial allows stocks, bonds, mutual funds, real estate, private equity, precious metals, and cryptocurrency. Prohibited transaction rules still apply. A Solo 401(k) can invest in real estate but cannot rent it to the owner’s child.

Solo 401(k) FAQ: 2026 limits, catch-up, spouses, and Mega Backdoor Roth

What is the total Solo 401(k) contribution limit for 2026?

The total Solo 401(k) contribution limit for 2026 is $72,000, according to the webinar. The total combines employee, employer, and voluntary after-tax contributions and cannot exceed self-employment compensation. Participants age 50 or older can add an $8,000 catch-up, and those age 60 to 63 can add an $11,250 super catch-up instead, reaching $80,000 or $83,250 with enough income.

What is the Solo 401(k) super catch-up limit for ages 60 to 63?

The Solo 401(k) super catch-up limit for 2026 is $11,250 for participants age 60 to 63 as of the end of 2026. SECURE 2.0 created the super catch-up. The super catch-up replaces the standard $8,000 catch-up, so total employee deferrals can reach $35,750 and total potential contributions can reach $83,250 with enough self-employment income.

Can my spouse contribute to my Solo 401(k)?

A spouse can contribute to the same Solo 401(k) if the spouse works in the business and has earned self-employment income. The spouse does not need to own the business. Each spouse receives a separate set of contribution buckets. Two eligible spouses could contribute $144,000 or more in 2026, depending on age, income, and other plan contributions.

Can I still open a Solo 401(k) for 2026 in December?

A Solo 401(k) can be established for 2026 by December 31, 2026. My Solo 401k Financial establishes plans within the same business day. 2026 contributions can be made by the 2026 business tax return deadline, including extensions into 2027, and deadlines vary by business tax classification.

Can a Solo 401(k) after-tax contribution made in 2026 count for 2025?

Yes. IRS Publication 560 sets the contribution deadline at the business tax return deadline, including timely filed extensions. For example, a sole proprietorship can make 2025 contributions by April 15, or October 15 with an extension. A calendar-year S corporation can make them by March 15, or September 15 with an extension.

Does a Solo 401(k) allow Mega Backdoor Roth contributions?

A Solo 401(k) allows Mega Backdoor Roth contributions only if the plan document permits voluntary after-tax contributions. The process has two steps: make the after-tax contribution, then convert it to a Roth Solo 401(k) or Roth IRA. Standard discount-brokerage Solo 401(k) plans do not allow these contributions.

How is a Mega Backdoor Roth transfer reported on Form 1099-R?

A transfer to the Roth account is reported on Form 1099-R for the year of transfer, not the year of contribution. A 2025 contribution transferred in 2026 appears on the 2026 Form 1099-R. My Solo 401k Financial prepares the form at no additional charge as long as the client submits the website form in a timely manner.

This article is based on the live webinar hosted by My Solo 401k Financial.

Ready to start? My Solo 401k Financial prepares Solo 401(k) documents within the same business day. Open a Solo 401(k) account.
Educational purposes only: This article is provided for educational purposes only and is not tax, legal, or investment advice or a solicitation. Consult a tax attorney and financial professional before making an investment decision.


How does a ROBS 401(k) work?

How Does a ROBS 401(k) Work?

Direct Answer: A ROBS 401(k) — rollover business startup — lets an entrepreneur use retirement funds to buy stock in their own C corporation without triggering a taxable distribution. Funds move from an IRA or former employer plan into the ROBS 401(k), which then purchases private stock in the corporation. The owner must work as a W-2 employee at least 1,000 hours a year, and the ROBS 401(k) must file Form 5500 annually regardless of value.

How Does a ROBS 401(k) Work?

A ROBS 401(k) is short for “rollover as business startup.” It is a specialized retirement plan structure, not a loan, that allows an entrepreneur to invest eligible retirement funds directly into their own business as an equity purchase.

“It’s short for rollover as business startup… a specialized retirement plan structure that allows entrepreneurs to use eligible retirement funds to purchase a business or even fund an existing business.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial (webinar recording )

Info: As of , the ROBS 401(k) structure is an existing, IRS-recognized retirement plan strategy — not proposed legislation. My Solo 401k Financial states it has offered the ROBS 401(k) for over 12 years.

Live Q&A webinar on how the ROBS 401(k) works, hosted by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

Key Takeaways

  • A ROBS 401(k) requires forming a C corporation — not an S corporation or LLC — because only C corporations issue the stock the 401(k) must purchase to become a shareholder.
  • Taking a $100,000 distribution instead of using a ROBS 401(k) could leave an entrepreneur with as little as $60,000 after federal taxes, a 10% early-withdrawal penalty, and possible state taxes.
  • A ROBS 401(k) must file Form 5500 every year regardless of account value, unlike a Solo 401(k), which only files once assets exceed $250,000.
  • The ROBS 401(k) owner must work as a bona fide W-2 employee of the C corporation for at least 1,000 hours per year; a 1099 contractor arrangement does not qualify.
  • My Solo 401k Financial charges $3,000 for the first 12 months of ROBS 401(k) setup, then $899 annually starting in month 13 for ongoing compliance reporting.
  • A ROBS 401(k) cannot fund a business operated only by a family member, such as a son or spouse — the person contributing the retirement funds must also work as a W-2 employee of that business.
  • Once a W-2 employee works 1,000 hours in a year for the ROBS 401(k)-funded corporation, that employee must be offered a chance to participate in the 401(k) plan.

What Are the Steps to Set Up a ROBS 401(k)?

A ROBS 401(k) follows a specific sequence, and skipping or reordering a step can turn the transaction into a taxable distribution. First, a C corporation must be formed — the ROBS 401(k) cannot invest in an S corporation, because S corporation rules don’t allow a 401(k) or IRA to be a shareholder, and it cannot invest in an LLC, because LLCs issue membership units rather than stock.

“It has to be a C corporation. It cannot be an S corporation… It cannot be an LLC because an LLC issues units.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial (webinar recording )

After the C corporation is formed, it adopts a qualified 401(k) plan — the ROBS 401(k) — which is signed via an adoption agreement. An existing IRA or former employer plan is then transferred directly into the ROBS 401(k) brokerage account, never into the corporation’s bank account. Finally, the ROBS 401(k) uses those funds to buy private stock in the C corporation, wiring funds directly from the ROBS 401(k) brokerage account to the corporation’s bank account.

Warning: If former employer plan or IRA funds are transferred to the corporation directly, bypassing the ROBS 401(k), that typically results in a taxable distribution instead of a tax-free investment.

Why Use a ROBS 401(k) Instead of Taking a Distribution?

A ROBS 401(k) avoids the tax bill that comes with cashing out a retirement account to fund a business. A pre-tax distribution triggers federal income tax and, if the account holder is under age 59½, a 10% early-withdrawal penalty, plus state taxes depending on residency.

“If you took a $100,000 distribution from your IRA or former employer plan, you may end up only… receiving $60,000 because of all the taxes and penalties.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial (webinar recording )
Example: Because ROBS 401(k) funds move directly from a former employer plan or IRA into the ROBS 401(k) brokerage account, then into the C corporation, the funds never pass through the owner’s personal bank account — which is exactly why the transaction is not treated as a taxable distribution.

A ROBS 401(k) Is Not a Participant Loan

A ROBS 401(k) is an equity investment, not a loan, and nothing needs to be repaid to the plan.

“A ROBS is not a participant loan… The corporation is not allowed to borrow funds from your ROBS 401(k). That’s not the way the ROBS 401(k) works.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial (webinar recording)

ROBS 401(k) vs. Solo 401(k): Key Differences

Comparing a ROBS 401(k) with a Solo 401(k) on business investment, Form 5500 filing, and participant loans.
Plan Type Can Invest in Your Own Business? Form 5500 Filing Requirement Participant Loan Available?
ROBS 401(k) Yes — via stock purchase in a C corporation Required every year, regardless of value No — it’s an equity investment, not a loan
Solo 401(k) No Required only once plan assets exceed $250,000 (Form 5500-EZ) Yes — up to 50% of balance, capped at $50,000

In short: a ROBS 401(k) always files Form 5500, while a Solo 401(k) only files once it crosses the $250,000 threshold — and only the ROBS 401(k) can legally purchase stock in the owner’s own business.

“Owners sometimes assume the under $250,000 filing exemption available to one-participant solo plans… applies to the ROBS. The IRS has explained that the one-participant exception does not apply.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial (webinar recording )

Can a ROBS 401(k) Fund a Family Member’s Business?

No. A ROBS 401(k) can only finance a business in which the person contributing the retirement funds also works as a W-2 employee. A parent cannot use their own ROBS 401(k) to fund a business their adult child will run alone.

“Unfortunately, the 401(k) regulations do not allow you to use your ROBS 401(k) to finance your son’s business or your wife’s business, for that matter.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial (webinar recording )
Example: A parent’s ROBS 401(k) could help fund a business as long as the parent also works there as a W-2 employee for at least 1,000 hours per year — their child could work there too, but only alongside the parent’s own qualifying employment, not in place of it.

What Are the Ongoing ROBS 401(k) Compliance Requirements?

A ROBS 401(k) is an ongoing qualified plan, not a one-time funding event, and carries compliance obligations at both the corporate and plan level. The C corporation must file its own corporate tax return (Form 1120), and its stock must be valued annually once the business has been operating — a new business being funded for the first time has no valuation requirement.

Hiring W-2 Employees Triggers Plan Eligibility

Once a W-2 employee works 1,000 hours or more in a 12-month period for the ROBS 401(k)-funded corporation, that employee must be offered the chance to participate in the 401(k), including the ability to buy stock in the corporation. An employee can decline in writing with a revocable waiver, but the offer must be made.

Important: The IRS has identified ROBS 401(k) arrangements where plan provisions were changed after the initial stock purchase specifically to prevent other participants from accessing the same stock feature, warning that these arrangements can create coverage, non-discrimination, and benefit rights problems.

What Counts as a Prohibited Transaction in a ROBS 401(k)?

A ROBS 401(k) remains subject to the same prohibited transaction rules as any qualified retirement plan. Using ROBS 401(k) or ROBS-funded corporation assets for personal benefit — beyond a reasonable W-2 salary — is prohibited, as is lending funds from the corporation or the plan to a disqualified person, or selling property between the corporation and a disqualified person.

Example: If a ROBS 401(k)-funded corporation owns a warehouse, the owner’s family member cannot use that warehouse to store equipment for a personal side business — furnishing facilities or services between the corporation and a disqualified person is prohibited.

What Happens When a ROBS 401(k)-Funded Business Is Sold?

Proceeds from selling a ROBS 401(k)-funded business return to the corporation’s bank account first, then flow back to the ROBS 401(k) brokerage account, since the ROBS 401(k) is the shareholder being bought out. Those funds can then be transferred to an IRA, and a final Form 5500 is filed to close the plan.

How Long Does a ROBS 401(k) Take and How Much Does It Cost?

A ROBS 401(k) can be completed in as little as 10 to 15 business days, though delays with a former employer plan’s transfer processing can extend the timeline to roughly 30 business days. My Solo 401k Financial charges $3,000 for the first 12 months of ROBS 401(k) setup, covering corporation and 401(k) formation, followed by an $899 annual fee starting in month 13 that covers ongoing compliance reporting.

Live Webinar Questions About ROBS 401(k) Plans

Is There a Similar Webinar for Solo 401(k) Backdoor Roth Conversions?

An attendee asked whether a comparable session covers the Solo 401(k) and Mega Backdoor Roth strategy.

“Is there a similar webinar for solo 401k that sets up after tax 401k with backdoor Roth conversion?”

— Webinar attendee, live Q&A (webinar recording )

Mark Nolan confirmed that the Mega Backdoor Roth Solo 401(k) strategy is a separate topic covered in other webinars, and that My Solo 401k Financial has offered it since 2013.

Will There Be Initial and Ongoing Costs?

A second attendee asked about ROBS 401(k) pricing.

“Will you be discussing initial costs and any ongoing costs, if any?”

— Webinar attendee, live Q&A (webinar recording )

Mark Nolan pointed to the firm’s pricing page and confirmed the $3,000 first-year setup fee and $899 annual fee described above.

Note: One additional live exchange referenced a spouse co-owning a business with the attendee, but the attendee’s original chat message was not clearly captured in the recording audio [VERIFY: attendee question wording not captured in recording]. Mark Nolan’s response confirmed that spouses working for the same self-employed business can each process their own Mega Backdoor Roth Solo 401(k) conversion.

Glossary

ROBS 401(k)
“Rollover as business startup” — a retirement plan structure that lets an entrepreneur use IRA or former employer plan funds to buy stock in their own C corporation without a taxable distribution.
C Corporation
The only entity type a ROBS 401(k) can invest in, because C corporations issue stock; S corporations and LLCs are not eligible.
Equity Investment (vs. Loan)
The ROBS 401(k) purchases private stock in the corporation and becomes a shareholder; nothing is borrowed and nothing must be repaid, unlike a 401(k) participant loan.
Form 5500
The annual informational return a ROBS 401(k) must file every year regardless of plan value, because the plan owns the business through its stock rather than the individual owning it personally.
1,000-Hour W-2 Rule
The requirement that the ROBS 401(k) owner work as a bona fide W-2 employee of the funded C corporation for at least 1,000 hours per year to satisfy IRS rules.

Frequently Asked Questions

How does a ROBS 401(k) work?

A ROBS 401(k) rolls IRA or former employer plan funds directly into a new 401(k), which then purchases private stock in a newly formed C corporation. The owner must work as a W-2 employee of that corporation for at least 1,000 hours a year, and the transaction is treated as an equity investment rather than a taxable distribution.

Can a ROBS 401(k) be used with an S corporation or LLC?

No. A ROBS 401(k) can only invest in a C corporation, because C corporations issue stock. S corporations cannot have a 401(k) or IRA as a shareholder, and LLCs issue membership units rather than stock, so neither qualifies for the ROBS 401(k) structure.

Is a ROBS 401(k) considered a loan?

No. A ROBS 401(k) is an equity investment, not a participant loan. The plan buys shares of stock in the C corporation and becomes a shareholder; there is no repayment schedule, unlike a 401(k) participant loan, which must be paid back.

Can I use my ROBS 401(k) to fund my son’s or spouse’s business?

No, not by itself. A ROBS 401(k) can only fund a business in which the person contributing the retirement funds also works as a W-2 employee for at least 1,000 hours per year. A family member can also work at the business, but cannot be the only one working there.

Does a ROBS 401(k) have to file Form 5500 every year?

Yes, every year, regardless of the plan’s dollar value. This differs from a Solo 401(k), which only files Form 5500-EZ once assets exceed $250,000, because the IRS treats the ROBS 401(k) as owning the business through its stock rather than the individual owning it personally.

Is there a similar webinar for Solo 401(k) backdoor Roth conversions?

Yes. My Solo 401k Financial covers the Mega Backdoor Roth Solo 401(k) strategy in separate sessions and states it has offered this strategy since 2013, processing thousands of conversions for owner-only and husband-and-wife businesses.

How much does a ROBS 401(k) cost?

My Solo 401k Financial charges $3,000 for the first 12 months, covering C corporation and 401(k) formation, followed by an $899 annual fee starting in month 13 that covers ongoing ROBS 401(k) compliance reporting, including the annual Form 5500 filing.

What counts as a prohibited transaction in a ROBS 401(k)?

Examples include using ROBS 401(k) or corporation assets for personal benefit beyond a reasonable W-2 salary, lending plan or corporate funds to a disqualified person, selling property between the corporation and a disqualified person, and letting a disqualified person use corporation-owned assets, such as a warehouse, for personal purposes.

This article is based on the [VERIFY: webinar date] live webinar hosted by My Solo 401k Financial. Analysis by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

Ready to explore a ROBS 401(k) for your business?
Learn more about setting up a plan with My Solo 401k Financial →
Educational purposes only: This article summarizes general information from a live webinar and does not constitute individualized tax, legal, or financial advice. Consult a CPA or financial advisor before investing retirement funds in your own business through a ROBS 401(k).

Solo 401k Prohibited Transaction: The $200,000 Vacation Home Mistake

Solo 401k Prohibited Transaction: The $200,000 Vacation Home Mistake

Direct Answer: A Solo 401k prohibited transaction example is a plan owner personally using property their own plan holds. In the webinar’s case, “Fred” rolled $300,000 into a self-directed Solo 401(k) and used it to buy a $200,000 Florida vacation property; personally staying there even one day would violate IRC Section 4975. An uncorrectable prohibited transaction can make the entire plan taxable as a distribution.

What Is an Example of a Solo 401k Prohibited Transaction?

A Solo 401k prohibited transaction happens when a self-directed retirement plan’s assets are used to personally benefit the plan owner or another “disqualified person,” rather than solely for the plan’s investment purposes. These rules are found under IRC Section 4975, and they apply to every self-directed Solo 401(k) plan regardless of how flexible its investment menu is.

“These rules prevent you and certain persons from personally benefiting from the assets of your Solo 401(k).”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

Info: As of , the Solo 401k prohibited transaction rules under IRC Section 4975 are current, enacted federal law — not a proposal — and apply to every self-directed Solo 401(k) plan that invests in alternative assets.

Live Q&A webinar on Solo 401k prohibited transaction rules, hosted by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

Key Takeaways

  • Solo 401k prohibited transaction rules are found under IRC Section 4975 and prevent disqualified persons from personally benefiting from plan assets.
  • In the webinar’s example, a self-employed business owner (“Fred”) rolled $300,000 from a former employer plan into a self-directed Solo 401(k) and used it to buy a $200,000 vacation property in Florida.
  • Personal use of a Solo 401k-owned property is a prohibited transaction even for one day a year, even if fair market rent is paid.
  • Disqualified persons include the Solo 401k participant/trustee, their spouse, lineal ascendants and descendants (parents, children, grandchildren), and anyone providing services to the plan, such as the plan provider’s staff or the business’s CPA.
  • A Solo 401k participant loan allows borrowing up to 50% of the account balance, capped at $50,000 — a different rule from a prohibited promissory note investment to a disqualified person.
  • An uncorrectable prohibited transaction can make the entire Solo 401k plan taxable as a distribution in the year the transaction occurred, plus late-filing penalties on the amended return.
  • A Solo 401k owner cannot buy plan-owned property back personally; it must be fully distributed (not partially, for personal use) and reported on Form 1099-R.

Walking Through the Solo 401k Prohibited Transaction Example

The Solo 401k prohibited transaction example used in the webinar starts with a self-employed business owner, referred to as Fred, who has $300,000 in his self-directed Solo 401(k) after transferring a former employer plan directly into it.

“Suppose that Fred has, let’s say, $300,000 in his self-directed Solo 401(k)… He buys that property down in Florida with his Solo 401(k). Let’s say it costs $200,000.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

Title to the Florida vacation property is taken in the name of the Solo 401(k), listing Fred as trustee. Buying the property itself is permissible — a self-directed Solo 401(k) offered by My Solo 401k Financial is designed to allow alternative investments like real estate. The prohibited transaction risk appears only once Fred personally uses the property, since the plan, not Fred, owns it.

Warning: Rental income from a Solo 401k-owned property must flow directly back to the Solo 401(k)’s holding account, not to the participant’s personal bank account. Expenses like property taxes must likewise be paid from Solo 401(k) funds, not personal funds.

Who Is a Disqualified Person for a Solo 401k?

The Solo 401k prohibited transaction rules apply to transactions between the plan and certain people or entities the IRS calls “disqualified persons.” The plan participant and trustee is always a disqualified person with respect to their own plan.

“Fred is a disqualified person. Same thing with your spouse… Also your lineal ascendants and descendants.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

Disqualified Persons Also Include Service Providers

Anyone providing services to the Solo 401(k) is also disqualified — for example, staff at the plan provider or the business’s CPA could not personally stay at a plan-owned vacation property, because they provide services to the plan or the sponsoring business.

Example: Fred cannot sell a property he personally owns to his Solo 401(k), and he cannot buy or sell property to or from his children, parents, or spouse using the plan, because all of them are disqualified persons.

The “Indirect” Workaround Is Still Prohibited

The Solo 401k prohibited transaction rules also block roundabout transactions. Selling a personally-owned rental property to an unrelated neighbor with the understanding that the Solo 401(k) will then buy it from that neighbor is still a prohibited transaction, because a disqualified person cannot do indirectly what they cannot do directly.

Can You Personally Use Property Owned by Your Solo 401k?

No. Personal use of Solo 401k-owned real estate is prohibited, regardless of how briefly the plan owner uses it or whether fair market rent is paid.

“You cannot use that rental property for personal use, even if you pay fair market rent… Even if you stay for one day out of the year, that’s prohibited.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

Indirect benefits are treated the same way. A private equity fund manager offering a Solo 401(k) investor free access to a fund-owned golf course, for example, would also be an indirect benefit and a prohibited transaction.

Can You Buy Property Back From Your Solo 401k?

A Solo 401k participant cannot simply buy plan-owned property from the plan, even to use it as a future retirement home. The property must instead be distributed — assigned out of the plan’s name and into the participant’s personal name at its appraised fair market value.

Example: If a pre-tax Solo 401(k)-owned property is worth $500,000 at distribution, that $500,000 is taxable income in the year of distribution and must be reported on Form 1099-R. A Roth Solo 401(k) distribution of the same property would be tax-free. Partial in-kind distributions over several years are possible, but the property cannot be used personally until it is fully distributed out of the plan.

Participant Loan vs. Prohibited Promissory Note

Comparing a permitted Solo 401(k) participant loan with a prohibited promissory note to a disqualified person.
Transaction Type Who Receives the Funds Amount Limit Permitted or Prohibited
Solo 401(k) Participant Loan The plan participant (you) Up to 50% of account balance, capped at $50,000 Permitted, with proper loan documents
Promissory Note to a Disqualified Person A disqualified person (e.g., your spouse) No amount is permitted Prohibited under IRC §4975

In short: a Solo 401(k) participant loan to yourself is permitted up to $50,000, while any promissory note loan of Solo 401(k) funds to a disqualified person, such as a spouse, is prohibited regardless of amount or interest rate.

“That’s different than a promissory note investment… you can borrow 50% of your total Solo 401(k) balance, not to exceed $50,000.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

What Happens If a Solo 401k Engages in a Prohibited Transaction?

A Solo 401k prohibited transaction can sometimes be corrected, but correction is not automatic — it depends on the specific facts and circumstances, and a willful prohibited transaction generally cannot be corrected at all.

“That’s going to result in that account, that Solo 401(k) plan, the entire plan, being fully taxable as a distribution in the year that the prohibited transaction occurred.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording ])
Important: If a prohibited transaction from several years ago is only discovered later, the tax return for that year must be amended, with federal tax owed on the full plan value plus late-filing and compound penalties. If the transaction can be corrected, only the specific asset involved is affected, not the entire plan.

Does Being Trustee Mean the Solo 401k Money Is Personally Yours?

No. Acting as trustee of a self-directed Solo 401(k) means directing the plan’s investments — it does not make the plan’s assets personal property.

“This is one of the biggest misconceptions regarding self-directed Solo 401(k) plans… that just because you’re the trustee, the money somehow becomes your personal money. It does not.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording ])

A Checklist Before Making a Solo 401k Alternative Investment

Before funding any self-directed Solo 401(k) alternative investment — real estate, a promissory note, private equity, or otherwise — review the transaction against the Solo 401k prohibited transaction rules:

  • Who is selling the investment to the plan? Make sure it is not a disqualified person, such as a parent, spouse, or child.
  • Are any disqualified persons involved in the transaction in any capacity?
  • Will you or a family member receive any direct or indirect benefit from the investment, such as free use of a fund-owned amenity?
  • Will you personally use the asset at any point, even briefly or at fair market rent?
Note: This webinar’s live Q&A chat did not include a transcribed attendee question this session [VERIFY: no attendee questions were captured live in this recording]. The FAQ section below instead draws on the questions the presentation itself spends the most time answering, plus a question Mark Nolan says he is frequently asked.

Glossary

Solo 401k Prohibited Transaction
A transaction between a self-directed Solo 401(k) and a disqualified person that results in personal benefit, prohibited under IRC Section 4975.
Disqualified Person
The Solo 401(k) participant/trustee, their spouse, lineal ascendants and descendants, and anyone providing services to the plan or its sponsoring business.
Self-Directed Solo 401(k)
A Solo 401(k) plan document drafted to allow investment in alternative assets — real estate, precious metals, promissory notes, cryptocurrency, and private equity — in addition to traditional equities.
Participant Loan
A loan a Solo 401(k) participant takes from their own plan balance, limited to 50% of the account balance and capped at $50,000.
In-Kind Distribution
Distributing a Solo 401(k)-owned asset, such as real estate, directly out of the plan and into the participant’s personal name at its appraised fair market value, reported on Form 1099-R.

Frequently Asked Questions

What is an example of a Solo 401k prohibited transaction?

A common example is a Solo 401(k) buying a vacation property as an investment, then the plan owner personally using it — even for a single day, even while paying fair market rent. The property must remain a plan-owned investment rented to unrelated tenants, with all rental income and expenses flowing through the Solo 401(k), not the owner’s personal accounts.

Who is considered a disqualified person for a Solo 401k?

A disqualified person includes the Solo 401(k) participant/trustee, their spouse, their lineal ascendants and descendants (parents, children, grandchildren), and anyone who provides services to the plan or its sponsoring business, such as the plan provider’s staff or the business’s CPA.

Can I personally use property owned by my Solo 401k?

No. Personal use of Solo 401(k)-owned property is prohibited under IRC Section 4975, regardless of how briefly it is used or whether fair market rent is paid for that use. The IRS prohibits using retirement plan assets for the personal benefit of a disqualified person.

Can I sell my personal property to my Solo 401k?

No. Selling property you personally own to your own Solo 401(k) is a prohibited transaction, since you are a disqualified person with respect to your plan. Selling it first to an unrelated third party with the intent that the plan later buys it from them is also prohibited.

What is the difference between a Solo 401k participant loan and a prohibited promissory note?

A participant loan lets you borrow from your own Solo 401(k) balance, up to 50% of the balance and capped at $50,000, and is permitted with proper loan documentation. A promissory note investment that loans Solo 401(k) funds to a disqualified person, such as a spouse, is prohibited regardless of the interest rate charged.

What happens if my Solo 401k engages in a prohibited transaction?

If the transaction cannot be corrected, the entire Solo 401(k) plan becomes fully taxable as a distribution in the year the prohibited transaction occurred, along with late-filing and compound penalties if discovered years later. If the transaction can be corrected based on the facts and circumstances, only the specific asset involved is affected.

Can I buy back property from my Solo 401k?

No, a participant cannot directly buy plan-owned property from their own Solo 401(k). The property must instead be distributed out of the plan at its appraised fair market value and reported on Form 1099-R; it cannot be used personally until it is fully distributed.

How will the IRS find out about a Solo 401k prohibited transaction?

Mark Nolan notes this is a question he is frequently asked, and his answer is that detection method isn’t the point — the rule against personal use applies regardless of enforcement likelihood. Plan owners should follow the prohibited transaction rules on the assumption that any violation could be discovered and taxed.

This article is based on the [VERIFY: webinar date] live webinar hosted by My Solo 401k Financial. Analysis by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

Considering alternative investments in your Solo 401(k)?
Open a Solo 401(k) account with My Solo 401k Financial →
Educational purposes only: This article summarizes general information from a live webinar and does not constitute individualized tax or legal advice. Review any alternative investment and prohibited transaction question with a qualified CPA or attorney before proceeding.

Solo 401k Loan Rules: 10 Myths That Could Cost You $50,000

Solo 401k Loan Rules: 10 Myths That Could Cost You $50,000

Direct Answer

A Solo 401k loan lets self-employed individuals borrow up to 50% of their plan balance or $50,000 — whichever is less — without income taxes or early-withdrawal penalties, provided strict IRS repayment rules are followed. Discount brokerages like Fidelity and Schwab do not support this feature. A 12-month look-back rule limits back-to-back borrowing, and the outstanding loan balance counts as a plan asset for 5500-EZ filing purposes once the plan exceeds $250,000 in total value.

What are the rules for taking a loan from a Solo 401k plan?

Key Takeaways

  • A Solo 401k loan is limited to the lesser of 50% of the vested balance or $50,000, and must be repaid over a maximum five-year term in equal monthly or quarterly installments of principal and interest.
  • The IRS 12-month look-back rule counts the highest outstanding loan balance from the prior 12 months against the current borrowing limit — paying off a loan early does not reset the $50,000 cap immediately.
  • Fidelity and Schwab made a business decision not to support Solo 401k loans; borrowers who want the loan feature must use a third-party plan document provider and can upgrade an existing brokerage plan through a plan restatement.
  • Missing a loan payment does not trigger immediate default: the IRS provides a grace period extending to the end of the calendar quarter following the missed payment, giving borrowers at least 90 days to cure the missed payment.
  • Loan repayments are not counted as Solo 401k contributions — they do not reduce the annual contribution limit ($72,000 in 2026), and no tax deduction is available on principal repaid.
  • An outstanding Solo 401k loan balance counts as a plan asset for purposes of the 5500-EZ filing requirement, which is triggered when total plan assets (including the loan note) exceed $250,000.
  • A Solo 401k loan cannot be rolled into an IRA; IRAs are prohibited from holding loans, so an unpaid balance at plan termination is treated as a taxable distribution.

Watch the full live webinar: 10 Solo 401k Loan Myths Busted — hosted by My Solo 401k Financial

Solo 401k loan myths fall into three categories: Eligibility & Setup (Myths 1–4), Cash Flow & Timing (Myths 5–8), and IRS Compliance (Myths 9–10). Each section below corrects the myth and states the verified rule.

Eligibility & Setup: Myths 1–4

Myth 1: Losing My Contract Job or Closing My Business Instantly Calls the Loan Due

A Solo 401k loan is tied to the plan, not to a particular income stream. An income change alone — losing a client contract, shutting down one business entity — does not trigger immediate default on the outstanding balance. The Solo 401k plan itself has its own wind-down process, and that process provides time to handle the loan methodically.

Many self-employed individuals are serial entrepreneurs who pivot from one business to another. As long as the plan holder remains self-employed with no non-owner, non-spouse full-time W-2 employees across any business they own, the Solo 401k can remain open and the original loan repayment schedule stays in force.

Example: A freelance consultant loses her main client but picks up new project work within 60 days. Her Solo 401k plan stays active, and her loan repayment schedule is unaffected.

“Even if your business does end up closing and you don’t find another source of self-employment activity … there’s a methodical process that you will go through. So there’ll still be time to handle the loan methodically.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(2:32 in the webinar)

Important: If the business closes permanently and no new self-employment activity begins, the plan must ultimately be terminated. Any outstanding loan balance not repaid at termination is treated as a taxable distribution and may also carry a 10% early withdrawal penalty if the participant is under age 59½.

Myth 2: I Can Take the Loan Directly as a Business Loan to My LLC

A Solo 401k loan must originate as a personal loan to the plan participant — not directly to the business entity that sponsors the plan. The loan goes from the plan to the individual. What the individual does with the proceeds is a separate matter.

Borrowers who want to inject capital into their LLC can do so in a two-step sequence: (1) take a personal loan from the Solo 401k, and (2) lend those funds to the business or inject them as owner capital. The important caveat: the obligation to repay the Solo 401k runs to the individual, not the business. If the business cannot pay the owner back, the owner still owes the plan its scheduled payments — equal installments of principal and interest at a rate of prime plus 1% or a CD rate plus 2%, spread over a five-year term.

“The Solo 401k loan really is a loan to you personally as the Solo 401k participant. It’s not a loan to your business that sponsors the Solo 401k.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(6:04 in the webinar)

Myth 3: Paying Off the Loan Early Instantly Resets the Full $50,000 Borrowing Limit

The IRS imposes a 12-month look-back rule on Solo 401k loans that prevents borrowers from immediately recycling the full $50,000 limit after an early payoff. When calculating how much a participant can borrow, the allowable amount is reduced by the highest outstanding balance of any plan loan during the prior 12-month period — even if that loan has since been repaid in full.

Worked example from the webinar:

Solo 401k 12-Month Look-Back Rule: Illustrated Example
Month Event Available to Borrow
Month 1 Takes $50,000 Solo 401k loan (balance ≥ $100,000) $50,000
Month 4 Pays back loan in full $0 (look-back applies)
Month 6 Wants another $50,000 loan — look-back still sees $50,000 peak balance $0
Month 16 12 months after month-4 payoff — look-back clears $50,000 (full limit restored)

Table compares Solo 401k borrowing availability across months when the 12-month look-back rule applies.

Myth 4: Any Solo 401k at Fidelity or Schwab Supports a Loan

Fidelity and Schwab both offer “off-the-shelf” Solo 401k plans using their own prototype plan documents. Both firms made a business decision not to support the Solo 401k loan feature within those plans. A participant who discovers this only when cash is urgently needed faces a significant setback.

The path forward is a plan restatement — not a plan termination and restart. The existing brokerage plan is upgraded to a fully featured plan document provided by a third-party administrator like My Solo 401k Financial. The plan document changes; the accounts at Fidelity or Schwab remain open and assets transfer in-plan. Once funds clear into the restated plan’s accounts, a Solo 401k loan can be initiated immediately. My Solo 401k Financial prepares the required loan documents as part of its service at no additional charge.

“Fidelity and Schwab made a business decision not to support Solo 401k loans. So if you’re discovering that when cash is urgently needed, that’s gonna be a big disappointment.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(10:16 in the webinar)

Cash Flow & Timing: Myths 5–8

Myth 5: Quarterly Loan Repayments Count Toward My Annual Contribution Limit

Loan repayments and plan contributions are entirely separate transactions with no interaction. Repaying a Solo 401k loan returns previously borrowed money to the plan; it is not a new contribution. The annual Solo 401k contribution limit — the lesser of $72,000 or 100% of self-employment compensation for 2026 — is unaffected by how much the participant is repaying on an outstanding loan.

Similarly, repayment installments do not generate a tax deduction. Pre-tax contributions produce a deduction because new untaxed dollars are entering the plan. Loan repayments return dollars that were already borrowed — no new deduction is created.

Info: The loan and the contribution operate on parallel tracks. A participant can make the maximum annual Solo 401k contribution and repay an outstanding loan in the same year — there is no offset between the two.

Myth 6: One Missed Payment Triggers Immediate Taxable Default

The IRS provides a grace period for missed Solo 401k loan payments. A single late or missed payment does not automatically convert the outstanding balance into a taxable distribution. The grace period extends to the end of the calendar quarter that follows the quarter in which the payment was due.

Grace Period for Missed Solo 401k Loan Payments — Example
Missed Payment Month Quarter of Missed Payment Grace Period Deadline
February Q1 (Jan–Mar) June 30 (end of Q2)
July Q3 (Jul–Sep) December 31 (end of Q4)
November Q4 (Oct–Dec) March 31 of following year (end of Q1)

Table shows the grace period deadline by quarter of the missed Solo 401k loan payment.

Important: If the missed payment is not cured by the grace period deadline, the entire unpaid balance becomes a taxable distribution — not just the missed installment. A 10% early withdrawal penalty may also apply if the participant is under age 59½.

Myth 7: I Can Roll My Outstanding Solo 401k Loan Balance Into an IRA When Closing the Plan

IRAs are legally prohibited from making or holding loans. A Solo 401k loan balance cannot be transferred or rolled over into an IRA — attempting to do so would constitute a prohibited transaction under the IRA rules. When a Solo 401k plan is terminated, the options are binary: repay the outstanding balance in full, or treat the unpaid balance as a taxable distribution.

“Loans from an IRA are just not allowed. An IRA cannot hold loans. So you can’t transfer a loan from your 401k to an IRA — that would be a prohibited transaction under the IRA rules.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(14:08 in the webinar)

Myth 8: I Can Directly Transfer a Former Employer’s 401k Loan Into My New Solo 401k

While a direct transfer of a prior employer plan loan into a Solo 401k is theoretically possible, it is very rare in practice. Former employer plan administrators almost universally decline to transfer outstanding loans out of the plan. The more realistic path involves a loan offset workaround available under SECURE 2.0: the outstanding balance is treated as an eligible rollover distribution. If that amount is deposited into a retirement account — such as a Solo 401k — by the participant’s tax return due date (including extensions), the tax hit on the offset is avoided. Work with the former plan administrator and a tax advisor to report the offset correctly and meet the deadline.

IRS Compliance: Myths 9–10

Myth 9: My Custodian Generates a Fixed Quoted Payoff Figure, Like a Bank Mortgage

A self-directed Solo 401k is trustee-directed by the plan participant, not by a custodian. There is no bank-style mortgage payoff statement automatically generated. Instead, the plan document provider prepares an amortization schedule at loan origination — typically an Excel spreadsheet — that the participant uses to track payment history and derive the current outstanding balance.

My Solo 401k Financial includes all required loan documents — including the amortization schedule — as part of its service at no additional charge. The amortization tracker updates the outstanding balance automatically as payments are logged, allowing the participant to determine a payoff amount at any time. Importantly, plans provided by My Solo 401k Financial carry zero prepayment penalty. Early payoff receipts should be retained in the plan files as documentation of loan satisfaction.

“With a self-directed Solo 401k the solopreneur is really the trustee of the plan … we do prepare the required loan documents as part of our service for no additional charge, including an amortization schedule … an Excel spreadsheet that you can use to track your payment history.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(16:21 in the webinar)

Myth 10: Tax Filings Are Unaffected by an Outstanding Solo 401k Loan

An outstanding Solo 401k loan balance is a plan asset. The note receivable — the value of the unpaid loan — counts toward the plan’s total asset value for purposes of the Form 5500-EZ filing requirement. Once total plan assets (cash + investments + the loan note, plus the value of any defined benefit plan held by the same participant) exceed $250,000, the participant must file a Form 5500-EZ annually with the IRS.

This matters in practice because a participant who has, say, $220,000 in cash and investments in the Solo 401k and takes a $40,000 loan will have a plan asset value of $260,000 — crossing the 5500-EZ threshold even though no new money entered the plan.

“Loans count as plan assets … it may trigger a 5500-EZ requirement because the outstanding balance of the loan does count as a plan asset. So once you cross over the $250,000 value amount … there will be a 5500-EZ filing requirement.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(17:44 in the webinar)

Info: My Solo 401k Financial prepares and electronically files the 5500-EZ at no additional charge for clients who request support timely and provide required info in a timely fashion. Clients (or their advisors) need to notify My Solo 401k Financial when the plan value crosses the $250,000 threshold so the plan can be added to the annual filing process.

Self-employed individuals using a Solo 401k plan have access to additional features beyond the loan provision, including the ability to make after-tax voluntary contributions and execute a Mega Backdoor Roth conversion — one of the most powerful tax strategies available through a Solo 401k plan.

Frequently Asked Questions

How much can I borrow from a Solo 401k?

The Solo 401k loan limit is the lesser of (a) 50% of the vested plan balance or (b) $50,000. For example, if the Solo 401k balance is $60,000, the maximum loan is $30,000 — not $50,000. If the balance is $120,000 or more, the full $50,000 limit applies.

Can I take a Solo 401k loan from Fidelity or Schwab?

Not from a Fidelity or Schwab prototype Solo 401k plan. Both brokerages made a deliberate decision to exclude the loan feature from their plan documents. Participants who need loan access must upgrade to a third-party plan document (a “plan restatement”) that enables loans, while having their brokerage accounts at Fidelity or Schwab.

Does paying off a Solo 401k loan early reset the $50,000 limit right away?

No. The IRS 12-month look-back rule counts the highest outstanding loan balance over the prior 12 months against the current limit. If the peak balance was $50,000, that amount reduces the new loan cap to zero until 12 months after the full payoff. A participant who pays off a $50,000 loan in Month 4 must wait until Month 16 to borrow the full $50,000 again.

What happens if I miss a Solo 401k loan payment?

A missed payment does not trigger an immediate taxable default. The IRS provides a grace period extending to the end of the calendar quarter following the quarter in which the payment was missed. A February payment, for example, carries a grace period deadline of June 30. If the payment is not made up by the grace period deadline, the entire outstanding balance becomes a taxable distribution.

Do Solo 401k loan repayments count toward the annual contribution limit?

No. Loan repayments and plan contributions are completely separate. Repaying a Solo 401k loan has zero impact on the annual contribution limit. A participant can make the maximum deductible contribution for the year and repay an outstanding loan in the same year — neither reduces the other.

Does a Solo 401k loan trigger a Form 5500-EZ filing requirement?

It can. The outstanding balance on a Solo 401k loan counts as a plan asset. If adding the loan balance to the plan’s other assets pushes total plan value above $250,000, the participant is required to file a Form 5500-EZ for that plan year. My Solo 401k Financial prepares and files the 5500-EZ at no additional charge for qualifying clients.

Can I roll my Solo 401k loan into an IRA when I close my business?

No. IRAs are legally prohibited from making or holding loans. Transferring an outstanding plan loan to an IRA would be a prohibited transaction. When a Solo 401k is terminated, any outstanding loan must be repaid in full before termination, or the unpaid balance will be treated as a taxable distribution (and potentially subject to the 10% early withdrawal penalty).

If I close my business, does my Solo 401k loan become due immediately?

Not necessarily. Closing a business does not immediately terminate the Solo 401k plan or call the loan due. If the participant starts a new self-employment activity with no full-time W-2 employees, the plan can remain open and the loan repayment schedule continues unchanged. A loan only becomes problematic if the plan itself must be terminated with an outstanding balance.

This article is based on the live webinar hosted by My Solo 401k Financial. Analysis by George Blower, Retirement Accounts Attorney, My Solo 401k Financial.

Ready to Open a Solo 401k with Full Loan Access?

My Solo 401k Financial prepares your plan documents the same business day — including all loan documents at no additional charge.


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Educational Purposes Only. This content is provided for educational purposes only and should not be construed as tax, legal, or investment advice, nor as a solicitation when making an investment decision. Please consult with your tax attorney and financial professional before making any retirement plan decisions.

 

Max Out Contributions to a Defined Benefit Plan & Solo 401k in the Same Year Including the Mega Backdoor Roth

DBK Strategy: Max Contributions to a  Solo 401(k) & a Cash Balance Plan (DBP)

Direct Answer: Yes, a self-employed business can run the DBK strategy — a Solo 401(k) combined with a cash balance (defined benefit) plan — in the same year. For tax year 2026, the Solo 401(k) overall limit under IRC §415(c) is $72,000, including a $24,500 employee deferral. The cash balance plan’s maximum annual benefit under IRC §415(b) is $290,000, but the actual deductible contribution is set by a plan actuary. Running both plans caps Solo 401(k) employer profit-sharing contributions at 6% of compensation instead of 20–25%.

Can I Max Out a Solo 401(k) and a Cash Balance Plan in the Same Year?

Yes. As long as the business is self-employed and owner-only, it can sponsor both a Solo 401(k) plan and a cash balance plan — also called a defined benefit plan — at the same time. The industry shorthand for this pairing is DBK: DB for defined benefit, K for 401(k).

“That combination is known as a DBK in the industry. DB for defined benefit and a K for 401(k).”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

Info: As of , the DBK strategy is an existing, currently permitted contribution structure under IRS rules for tax year 2026 — it is not proposed legislation. The specific dollar limits cited below (IRC §415(c) for Solo 401(k) plans and IRC §415(b) for defined benefit plans) are the IRS-published figures for the 2026 tax year and are subject to annual cost-of-living adjustment.

Live Q&A webinar on the DBK strategy, hosted by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

Key Takeaways

  • A self-employed, owner-only business can sponsor both a Solo 401(k) and a cash balance (defined benefit) plan at the same time — a combination known industry-wide as a DBK.
  • For tax year 2026, the overall Solo 401(k) contribution limit under IRC §415(c) is $72,000, which already includes the $24,500 employee deferral (not an additional amount).
  • Catch-up contributions for 2026 add $8,000 for participants age 50 or older, or up to $11,250 (the “super catch-up”) for participants who turn age 60–63 during 2026 — not both.
  • The cash balance plan’s maximum annual benefit is capped at $290,000 for 2026 under IRC §415(b), up from $280,000 in 2025, but the true deductible contribution is calculated by a plan actuary.
  • Running a defined benefit plan alongside a Solo 401(k) reduces the Solo 401(k) employer profit-sharing contribution to 6% of compensation, down from 25% for an S corporation or 20% for a sole proprietorship or partnership.
  • Employee deferrals and voluntary after-tax Solo 401(k) contributions (used for a Mega Backdoor Roth) are not reduced by defined benefit plan contributions — only the employer profit-sharing portion is affected.
  • The Solo 401(k) and the cash balance plan are sponsored by the same business but administered separately: My Solo 401k Financial handles the Solo 401(k), while the cash balance plan is opened with an outside actuarial provider.

What Contribution Types Make Up the DBK Strategy?

The DBK strategy works because a Solo 401(k) and a cash balance plan draw on different contribution sources. Defined benefit plans are funded solely by employer contributions — there is no employee deferral and no voluntary after-tax option inside a cash balance plan. That is where the Solo 401(k) fills the gap, since it allows employee deferrals, employer profit-sharing, and voluntary after-tax contributions.

Employee Deferrals and Catch-Up Contributions

The Solo 401(k) allows a $24,500 employee contribution for tax year 2026, and this amount is unaffected by a defined benefit plan contribution made in the same year. Age-based catch-up contributions stack on top: $8,000 for participants age 50 or older, or a “super catch-up” of $11,250 for participants who turn age 60 through 63 during 2026. A participant cannot use both catch-up amounts in the same year.

“There’s the age-fifty catch-up, which is $8,000 … And then there’s the super catch-up amount of $11,250 for participants who attain age sixty through sixty-three during 2026.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )

Voluntary After-Tax Contributions and the Mega Backdoor Roth

A participant can also make voluntary after-tax Solo 401(k) contributions up to the overall $72,000 limit, then convert them to a Roth Solo 401(k) or Roth IRA as part of a Mega Backdoor Roth strategy. These contributions must be backed by earned self-employment income — Schedule C income for a sole proprietorship, or Box 1 W-2 wages for an S corporation — not investment income, capital gains, or Social Security benefits.

Example: An S corporation owner with $72,000 or more in Box 1 W-2 wages can contribute the full $72,000 as a voluntary after-tax Solo 401(k) contribution for 2026, regardless of what is also contributed to a cash balance plan, because voluntary after-tax contributions are a dollar-for-dollar calculation against wages.

Employer Profit-Sharing Contributions Drop to 6%

The one contribution type the cash balance plan does interact with is Solo 401(k) employer (profit-sharing) contributions. Without a defined benefit plan, an S corporation can typically contribute 25% of W-2 wages as an employer profit-sharing contribution; a sole proprietorship or partnership can typically contribute 20% of net self-employment income. Once the same business also funds a cash balance plan, deduction rules limit the Solo 401(k) employer profit-sharing contribution to 6% of compensation.

Example: An S corporation owner with $100,000 in Box 1 W-2 wages for 2026 could contribute $25,000 (25%) in employer profit-sharing without a defined benefit plan. If that same owner also funds a cash balance plan, the employer profit-sharing contribution drops to $6,000 (6%) of that $100,000.

“If you do contribute to a defined benefit plan as well, instead of being able to contribute twenty-five percent… you can only contribute six percent of that one hundred thousand dollars.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording)

What Are the 2026 Contribution Limits for Each Plan?

The Solo 401(k) and the cash balance plan follow two different sections of the tax code, and they are calculated in fundamentally different ways.

“The IRS code confirms that for tax year 2026, the contribution limit to a Solo 401(k) is $72,000… so it’s not an additional $24,500.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording)

Under IRC §415(b), the cash balance plan’s annual benefit is generally capped at the lesser of 100% of the participant’s average compensation over their highest three consecutive years, or $290,000 for 2026 — up from $280,000 in 2025. That $290,000 figure is the maximum annual benefit, not automatically the amount that can be deposited into the plan.

“That $290,000 figure is the maximum annual retirement benefit under… 415(b). It’s not necessarily the maximum amount that can be deposited to that defined benefit plan for tax year 2026.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording)
Important: The actual deductible cash balance plan contribution is set by a plan actuary, factoring in the participant’s age, compensation, years to retirement, past self-employment history, existing plan assets, and the plan’s benefit formula. An older, high-income, self-employed individual may be able to contribute well into six figures — but this must be actuary-verified, not assumed from the $290,000 benefit cap.

Solo 401(k) vs. Cash Balance Plan: 2026 Side-by-Side

Comparing 2026 Solo 401(k) and cash balance (defined benefit) plan contribution rules under the DBK strategy.
Plan Type 2026 Contribution Limit Contribution Sources Who Determines the Amount
Solo 401(k) $72,000 overall (includes $24,500 employee deferral) Employee deferral, employer profit-sharing, voluntary after-tax IRS annual limit, IRC §415(c)
Cash Balance / Defined Benefit Plan $290,000 maximum annual benefit (actual contribution varies) Employer only Plan actuary, based on IRC §415(b)

In short: the Solo 401(k) has a fixed 2026 dollar ceiling of $72,000, while the cash balance plan’s actual contribution is actuary-calculated and only capped indirectly through a $290,000 benefit limit.

Does Maxing Out a Cash Balance Plan Block Solo 401(k) Contributions?

No. This is one of the most common misconceptions about the DBK strategy. A fully-funded cash balance plan does not use up any of the $72,000 Solo 401(k) limit, because the two plans draw on different IRS code sections and different contribution sources.

“This is one of the biggest misconceptions… that if someone maximizes their defined benefit plan, that they cannot also make contributions to a Solo 401(k) plan.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(webinar recording )
Warning: The two plans are opened and administered separately. My Solo 401k Financial does not offer cash balance plans directly but can refer clients to an outside actuarial provider; the Solo 401(k) itself is opened and administered through My Solo 401k Financial. Contributions to each plan must be deposited into that plan’s own account.

Attendee Questions From the Live Webinar

Does Changing Business Type Affect an Existing Solo 401(k)?

An attendee who currently operates as a sole proprietor and plans to incorporate asked whether that change affects the plan or adds fees.

“If I may change my business type, does that affect how to set up a Solo 401(k)? Are there any additional fees? Currently I’m a sole proprietor. In the near future, I plan to incorporate.”

— Webinar attendee, live Q&A
(webinar recording)

Mark Nolan answered that the sole proprietorship can sponsor the Solo 401(k) now, with an October 15 deadline (following an extension) to open and fund the plan for prior-year employer profit-sharing and voluntary after-tax contributions. If the entity later changes to an S corporation, the plan must be restated to reflect the new sponsoring business, at a cost of $300.

Can I Contribute to Both a SEP IRA and a Solo 401(k) in the Same Year?

A second attendee asked about transferring an existing SEP IRA into a Solo 401(k) for 2026 contributions.

“I previously had a SEP IRA… I now want to establish a Solo 401(k) with you for 2026 contributions. Do we need to do anything to close down or review the prior SEP IRA?”

— Webinar attendee, live Q&A
(webinar recording)

Mark Nolan confirmed the SEP IRA can be transferred into the Solo 401(k). He noted that a business can contribute to both a SEP IRA and a Solo 401(k) plan in the same year, but all contributions across both must be aggregated, and a SEP IRA allows only employer contributions — which is why many clients transfer SEP IRA balances into a Solo 401(k) to also access employee deferrals.

Planning Traps to Avoid With the DBK Strategy

Warning:

  • Don’t assume the full $290,000 cash balance benefit figure is automatically allowed — confirm the actual contribution amount with a plan actuary first.
  • Don’t subtract the defined benefit plan contribution from the Solo 401(k) limit — they are separate limits under separate code sections.
  • Do watch the employer profit-sharing percentage: it drops to 6% of compensation once a defined benefit plan is also in place, from 25% (S corporation) or 20% (sole proprietorship/partnership).

Glossary

DBK
Industry shorthand for a self-employed business simultaneously sponsoring a Defined Benefit plan (DB) and a Solo 401(k) plan (K).
Solo 401(k)
A 401(k) plan for a self-employed, owner-only business, allowing employee deferrals, employer profit-sharing contributions, and voluntary after-tax contributions up to $72,000 for 2026.
Cash Balance Plan (Defined Benefit Plan)
A retirement plan that promises a specified benefit at retirement, funded entirely by employer contributions and calculated by a plan actuary; capped at a $290,000 annual benefit for 2026 under IRC §415(b).
Employer Profit-Sharing Contribution
The employer-funded portion of a Solo 401(k), typically up to 20–25% of compensation, but limited to 6% when the same business also maintains a defined benefit plan.
Mega Backdoor Roth
A strategy using voluntary after-tax Solo 401(k) contributions, converted to a Roth Solo 401(k) or Roth IRA, to move up to $72,000 into Roth status for 2026.

Frequently Asked Questions

What is a DBK strategy?

A DBK strategy is when a self-employed, owner-only business sponsors both a Solo 401(k) plan and a cash balance (defined benefit) plan in the same year. DB stands for defined benefit and K stands for 401(k). Combining the two allows substantially higher combined retirement contributions than either plan alone, as long as both plans are properly designed.

Can I contribute to both a Solo 401(k) and a cash balance plan in the same year?

Yes. As long as the business is self-employed and owner-only, it can maintain both plans simultaneously. Defined benefit plan contributions do not reduce the Solo 401(k) employee deferral or voluntary after-tax contribution limits — only the Solo 401(k) employer profit-sharing percentage is affected.

What is the Solo 401(k) contribution limit for 2026?

For tax year 2026, the overall Solo 401(k) contribution limit under IRC §415(c) is $72,000. This figure already includes the $24,500 employee deferral, not an additional amount on top of it. Age-based catch-up contributions of $8,000 or, for ages 60–63, up to $11,250 can be added on top of the $72,000 figure.

What is the cash balance plan contribution limit for 2026?

Cash balance (defined benefit) plans don’t have a flat annual dollar limit like a Solo 401(k). Instead, IRC §415(b) caps the maximum annual retirement benefit at $290,000 for 2026, up from $280,000 in 2025. The actual dollar contribution needed to fund that benefit is calculated by a plan actuary based on age, compensation, and other factors.

Does a defined benefit plan reduce my Solo 401(k) employee contribution?

No. Employee deferrals and voluntary after-tax Solo 401(k) contributions are not reduced by defined benefit plan contributions. The only Solo 401(k) contribution type affected is the employer profit-sharing contribution, which drops to 6% of compensation once a defined benefit plan is also funded.

How much can I contribute as a Solo 401(k) employer profit-sharing contribution if I also have a defined benefit plan?

The employer profit-sharing contribution is limited to 6% of compensation when the same business also maintains a defined benefit plan, compared to up to 25% for an S corporation or 20% for a sole proprietorship or partnership without a defined benefit plan. For example, 6% of $100,000 in wages is a $6,000 maximum profit-sharing contribution.

If I change my business type, does that affect my Solo 401(k)?

Yes. If the sponsoring business’s entity type changes — for example, from a sole proprietorship to an S corporation — the Solo 401(k) plan must be restated to reflect the updated business. My Solo 401k Financial charges $300 for this restatement.

Can I contribute to both a SEP IRA and a Solo 401(k) in the same year?

Yes, but all contributions to both plans must be aggregated against the combined limit. A SEP IRA allows only employer contributions, while a Solo 401(k) allows both employee and employer contributions, which is why many self-employed individuals transfer SEP IRA balances into a Solo 401(k).

This article is based on the  live webinar hosted by My Solo 401k Financial. Analysis by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

Educational purposes only: This article summarizes general information from a live webinar and does not constitute individualized tax, legal, or actuarial advice. Cash balance plan contribution amounts must be determined by a qualified actuary based on your specific facts.

Solo 401(k) End Triggers: 7 Changes That Could Force Closure or Conversion

Solo 401(k) End Triggers: 7 Changes That Could Force Closure or Conversion

What life or business changes can end a Solo 401(k) plan?

Direct Answer

A Solo 401(k) is reserved exclusively for owner-only businesses. Seven common life and business changes — hiring a full-time W-2 employee, adding part-time workers who cross the 500-hour threshold, hiring a child who becomes eligible, restructuring the business entity, retiring or stopping self-employment, a spouse exiting the business, or acquiring a second business with its own employees — can threaten Solo 401(k) eligibility. Depending on the facts, the plan may need to be converted, frozen, or formally terminated with a final Form 5500-EZ. Most changes do not force immediate termination; options exist.

Live webinar hosted by My Solo 401k Financial. Watch the full session above or read the structured summary below.

Key Takeaways

  • A Solo 401(k) is an owner-only plan — a 401(k) sponsored by a self-employed business that has no non-owner, non-spouse employees who meet the eligibility criteria (age 21+, 1,000 hours/year, one year of service).
  • Hiring even one full-time W-2 employee who works 1,000+ hours per year with a year of service disqualifies the business from maintaining a Solo 401(k); the plan must be converted or terminated before that employee reaches eligibility.
  • Under SECURE 2.0’s long-term part-time employee rules, part-time workers who log 500 or more hours per year for two consecutive years also become eligible, threatening owner-only status.
  • A child employed by the business does not automatically end the Solo 401(k) — the child’s hours, age, and ownership percentage all determine whether they are treated as an eligible non-owner employee or as a co-owner exempt from the rules.
  • Reorganizing the business entity (for example, converting from a sole proprietorship to an S corp) generally requires only a plan document update — not termination — as long as the business remains owner-only.
  • When a Solo 401(k) is terminated, a final Form 5500-EZ is required regardless of plan asset value, and any outstanding 401(k) loan balance becomes a taxable distribution if not repaid first.
  • Owning a second business that employs non-owner, non-spouse workers can end the Solo 401(k) under the IRS control group and affiliated service group rules, even if the plan’s sponsoring business has no employees of its own.

The Owner-Only Rule: The Foundation of Every Solo 401(k)

A Solo 401(k) survives or falls based on a single question: is the sponsoring business still an owner-only business? An owner-only business is one whose only workers are owners and their spouses — or W-2 employees who do not yet meet the plan eligibility criteria. The moment that definition breaks, the Solo 401(k) faces a decision.

“The foundational concept here is whether or not the business after the particular change is going to still be considered an owner-only plan, because that’s the key from a Solo 401(k) perspective. If not, you may have to amend the plan, you may have to terminate the plan, it may be possible to keep the status quo — so do nothing — or maybe freeze the plan.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(1:59 in the webinar)

A common myth is that most changes automatically force plan termination. They do not. Four paths are available — amend, terminate, freeze, or do nothing — and which path applies depends on the specific facts of the business change.

The 7 Triggers: A Change-by-Change Analysis

Trigger 1: Hiring a Full-Time W-2 Employee

Hiring a full-time W-2 employee is the most common Solo 401(k) end trigger. A full-time employee, for Solo 401(k) eligibility purposes, is someone who is age 21 or older, has completed one year of service, and has worked 1,000 or more hours during that year. Once such an employee exists, the business is no longer owner-only and the Solo 401(k) cannot be maintained.

When this happens, two paths are available. First, convert the Solo 401(k) into a traditional employer 401(k) plan that can cover non-owner, non-spouse employees. Second, terminate the Solo 401(k) before any employee reaches eligibility, rolling the assets to an IRA or taking a taxable distribution. Either path carries a cost: conversion means losing the Solo 401(k)’s advanced features — alternative investments, Mega Backdoor Roth, and plan loans — because a standard employer plan does not support them.

Important: Having employees sign a voluntary waiver to opt out of the plan is not a solution. A Solo 401(k) is reserved for businesses with no non-owner, non-spouse employees. Even if an employee declines to participate, the plan document must be converted to one that can accommodate them.

Trigger 2: Hiring Part-Time Employees Who Cross the 500-Hour Threshold

Part-time employees who work fewer than 1,000 hours per year do not immediately threaten the Solo 401(k) — but they can, over time. Under the long-term part-time employee rules enacted by SECURE 2.0, a part-time worker who logs 500 or more hours per year for two consecutive years becomes eligible to participate in the employer’s 401(k) plan. When that eligibility threshold is crossed, the Solo 401(k) faces the same convert-or-terminate decision described above.

The practical lesson: solopreneurs who employ part-time workers should track hours annually from day one — not wait until eligibility is imminent. Being blindsided by the two-year lookback is avoidable with advance planning.

“It’s important to do some advanced planning and start to track those hours so that the solopreneur is not blindsided.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(5:08 in the webinar)

Trigger 3: Hiring a Child (Who May or May Not Be a Problem)

Hiring a child does not automatically break the Solo 401(k) rules. A child employee preserves the owner-only status as long as at least one of the following is true:

  • The child is under age 21 (below the 401(k) eligibility age).
  • The child works fewer than 1,000 hours per year (or fewer than 500 hours per year for two consecutive years under the part-time rules).
  • The child is age 21 or older but holds a 3% or greater ownership stake in the company — making them a co-owner who falls under the co-owner exception.

An adult child who works full-time as a W-2 employee without an ownership interest, however, is treated as any other non-owner employee and does threaten owner-only status.

Trigger 4: Changing the Business Entity (Usually Just a Document Update)

Reorganizing the business — for example, converting from a sole proprietorship to an S corporation — does not require terminating the Solo 401(k), provided the business remains owner-only. The plan documents must be updated to reflect the new sponsoring entity (the S corp becomes the plan sponsor), but the plan itself continues. Balances are unaffected, investments are unaffected, and no distribution or rollover is triggered.

“The new entity would seamlessly adopt the 401(k) plan, the restated 401(k) plan. So the plan would continue, but now be sponsored by the new business entity.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(7:41 in the webinar)

Trigger 5: Retiring or Stopping Self-Employment

A Solo 401(k) is a business-sponsored plan. If the self-employed business permanently closes — whether through retirement, dissolution of the entity, or a return to traditional employment — the 401(k) plan must likewise be wound down. The assets must be transferred to an IRA or taken as a taxable distribution, and a final Form 5500-EZ must be filed. This final 5500-EZ is required even if the plan value has always been below $250,000 and no 5500-EZ has ever been filed during the plan’s life.

A nuanced middle path exists: if the solopreneur stops active self-employment but has not permanently closed the business (for example, they return to corporate work but remain open to occasional consulting), they may be able to freeze the plan rather than terminate it. Freezing preserves the plan and its investments in place without requiring a distribution. New contributions cannot be made without self-employment income to justify them, but the existing assets — including alternative investments like real estate or private equity — remain inside the plan.

Trigger 6: A Spouse Exiting the Business or Divorce

When spouses co-own and co-participate in a Solo 401(k), a spouse’s departure — through divorce or otherwise — does not necessarily end the plan. If the remaining spouse continues to operate the owner-only business, the Solo 401(k) can continue under that spouse’s name. The departing spouse’s balance is transferred out (to their own IRA or taken as a taxable distribution), which requires a 1099-R to report the transfer but does not require a final Form 5500-EZ, since the plan itself is not being shut down.

In the case of divorce specifically, a Qualified Domestic Relations Order (QDRO) is the court order that governs how the Solo 401(k) assets are divided between the spouses. The QDRO specifies the allocation, and only after its terms are satisfied can the departing spouse’s portion be moved out of the plan.

“A spouse exiting the business or divorce is not necessarily going to force the closure of the business, but it could impact, for example, either the remaining spouse’s assets if they’re divided as part of a divorce or the exiting spouse rolling their assets or taking a taxable distribution of their assets out of the Solo 401(k) as part of that separation.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(12:05 in the webinar)

Trigger 7: Owning a Second Business With Employees (Control Group Rules)

The IRS does not evaluate each business a solopreneur owns in isolation. Under the control group rules and affiliated service group rules, a group of businesses owned by the same person — or by related persons, such as a husband and wife — is treated as a single employer for retirement plan purposes. If any business in that group employs a non-owner, non-spouse worker who meets the eligibility criteria, no company in the group can maintain a Solo 401(k), because those employees are counted across all entities.

The affiliated service group rules cast an even wider net, looking at functional and service relationships between businesses — not just common ownership. A solopreneur who adds a second business, a side venture, or even a consulting entity should confirm whether the new business creates a controlled or affiliated group before assuming the Solo 401(k) is safe.

The one clear exception: if the solopreneur simply expands their self-employment activity under a new entity — with no employees in any related business — there is generally no problem. The solopreneur can even aggregate income from all their owner-only businesses to justify Solo 401(k) contributions, with no change to the plan documents required.

“The IRS is going to look at a group of businesses that are ultimately owned by the same person or related persons — like a husband and wife — as one unit under what they call the control group rules.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(13:23 in the webinar)

7 Triggers at a Glance: What Each Change Means for Your Solo 401(k)

Compares each of the 7 life and business changes against their Solo 401(k) eligibility impact and available remedies.
Trigger Ends Owner-Only Status? Available Paths Final 5500-EZ Required?
1. Hiring full-time W-2 employee (age 21+, 1,000 hrs/yr) Yes Convert to employer plan or terminate before eligibility Only if terminated
2. Part-time employee crossing 500-hr/2-year threshold Yes, once threshold crossed Convert or terminate before eligibility; track hours early Only if terminated
3. Hiring a child employee Depends on age, hours, ownership % No action needed if under 21, under-hours, or 3%+ owner No (unless plan terminates)
4. Business entity change (e.g., sole prop to S corp) No, if still owner-only Plan document update only; new entity adopts plan No
5. Retiring / stopping self-employment Yes, if business permanently closes Terminate (roll to IRA or distribute) or freeze if business not yet closed Yes, on termination
6. Spouse exiting / divorce No, if remaining spouse continues owner-only business Exiting spouse transfers out (1099-R required); QDRO governs divorce split No (plan continues)
7. Owning a second business with employees Yes, under control group / affiliated service group rules Convert or terminate Solo 401(k) before eligible employees exist in any related entity Only if terminated

Note: “Convert” means upgrading to a standard employer 401(k) plan that can cover non-owner, non-spouse employees. Advanced features (alternative investments, Mega Backdoor Roth, plan loans) are generally lost upon conversion or if assets roll to a standard IRA.

3 Common Myths About Solo 401(k) Plan Changes

Myth 1: “My staff can sign a waiver to opt out — that keeps the Solo 401(k) intact.”

False. A Solo 401(k) is only for businesses without non-owner, non-spouse employees who meet the eligibility criteria. Whether those employees want to participate in the plan is irrelevant. Even if every eligible employee signs a waiver declining plan participation, the business has still lost its owner-only status. The plan must be converted or terminated.

Myth 2: “Changing plan providers forces termination.”

False. Switching Solo 401(k) plan document providers — for example, to access advanced features like the Mega Backdoor Roth, alternative investments, or 401(k) loans — does not constitute a plan termination. The plan continues; the document restates it under the new provider. Assets, balances, and investment positions are unaffected.

Myth 3: “I’ll have to sell my real estate or alternative investments to close the plan.”

False. If a Solo 401(k) must be terminated and the plan holds alternative investments — real estate, promissory notes, private equity — those investments do not have to be liquidated. They can be transferred in kind to a self-directed IRA that is set up to hold those same asset types. The transfer is reported on a 1099-R but is non-taxable as a direct rollover. Only a 401(k) loan balance at the time of termination becomes immediately taxable if not first repaid.

“Even if you close the Solo 401(k) as part of one of these life or business changes, it’s possible to transfer the assets to an IRA — even a self-directed IRA that can hold those alternative investments. So you won’t necessarily have to liquidate your investments.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(18:25 in the webinar)

What Solo 401(k) Termination Actually Involves

When a Solo 401(k) must be formally terminated, four steps are required:

  1. Repay or default any outstanding plan loan. If a loan balance remains at termination, it is treated as a taxable distribution.
  2. Transfer or distribute all plan assets. Assets may be transferred to an IRA (non-taxable direct rollover) or taken as a taxable distribution. Alternative investments that cannot be liquidated are transferred in kind to a self-directed IRA.
  3. File a final Form 5500-EZ. This filing is required regardless of whether a 5500-EZ has ever been filed before, and regardless of plan value. There is no minimum-balance exception on termination.
  4. Issue a 1099-R. The distribution or rollover is reported on a 1099-R. A direct rollover to an IRA is non-taxable but still reportable.
Example: A solopreneur with a Solo 401(k) holding a rental property decides to retire fully and dissolve the business. The property cannot be sold quickly. The solopreneur sets up a self-directed IRA, transfers the rental property in kind to the IRA (non-taxable), files a final Form 5500-EZ, and receives a 1099-R showing the rollover. No taxes owed on the transfer; the IRA continues to hold the property.

Frequently Asked Questions

Can I keep my Solo 401(k) if I hire a part-time employee who works 20 hours a week?

It depends on the hours. An employee working 20 hours per week accumulates roughly 1,040 hours per year — above the 1,000-hour threshold — which makes them eligible after one year of service. That would end your Solo 401(k)’s owner-only status. If the employee works fewer hours (under 500 per year), there is no immediate issue. Between 500 and 999 hours per year, the SECURE 2.0 part-time employee rule applies: two consecutive years at 500+ hours triggers eligibility.

Does changing my business from an LLC to an S corp require terminating my Solo 401(k)?

No. Converting from an LLC (or sole proprietorship) to an S corp does not require terminating the Solo 401(k). The plan documents are updated to name the S corp as the new plan sponsor, and the plan continues without any distributions or rollovers. Balances and investments are unaffected. This is a document restatement, not a termination event.

If I go back to a W-2 job, do I have to close my Solo 401(k)?

Not necessarily. If your self-employed business is permanently closed, yes — the Solo 401(k) must be terminated because it has no sponsoring business. But if you return to W-2 employment while keeping the self-employed entity open (or remaining open to future consulting), you may be able to freeze the Solo 401(k) instead. A frozen plan preserves existing assets — including alternative investments — without requiring distributions. New contributions require new self-employment income.

Can my child work in my business without ending my Solo 401(k)?

Yes, in most cases. A child employee preserves the Solo 401(k) as long as they are under age 21, work under the eligibility hours thresholds, or hold a 3% or greater ownership interest in the business. A child age 21 or older who works full-time as a W-2 employee with no ownership interest, however, is treated as a non-owner employee and ends the owner-only status. Review age, hours, and ownership before hiring a child in the business.

Does my spouse getting divorced from me end my Solo 401(k)?

Divorce itself does not end the Solo 401(k) if you continue to operate the owner-only business as the sole remaining participant. A QDRO is required to divide the plan assets. After the court order is executed, your former spouse’s share is distributed out of the plan (taxable or rolled to their IRA), and your remaining balance stays in the Solo 401(k). A 1099-R is required; a final Form 5500-EZ is not (since the plan continues).

I own two businesses. Can the second business have employees without affecting my Solo 401(k)?

Only if the two businesses are not treated as a single employer under the IRS control group or affiliated service group rules. If common ownership or a functional service relationship links the two businesses, employees of one are counted for both — ending the Solo 401(k)’s owner-only status. If the second business is truly separate and unrelated, the Solo 401(k) in the first business may survive. This is a fact-specific analysis; consult an ERISA attorney before assuming the businesses are independent.

Do I have to sell real estate inside my Solo 401(k) if I have to close the plan?

No. Alternative investments held in a Solo 401(k) — real estate, promissory notes, private equity — can be transferred in kind to a self-directed IRA that permits those same investments. The transfer is a non-taxable direct rollover, reported on a 1099-R. Liquidation is only required if you want to distribute the proceeds as cash rather than roll them over.

Is a Form 5500-EZ required when I terminate a Solo 401(k) with a small balance?

Yes — always. Normally a Form 5500-EZ is only required annually when plan assets exceed $250,000. But on plan termination, the final 5500-EZ is required regardless of plan value. This catches many participants who have never filed a 5500-EZ because their balance stayed below $250,000. Missing the final filing is a compliance error; penalties apply.

This article is based on the live webinar hosted by My Solo 401k Financial on .Ready to Open a Solo 401(k)?

My Solo 401k Financial prepares plan documents within the same business day. Join tens of thousands of self-employed entrepreneurs who use our Solo 401(k) plan — supporting alternative investments, Mega Backdoor Roth, plan loans, and more.


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Educational Purposes Only: This content is provided for educational and informational purposes only and should not be construed as tax, legal, or investment advice. My Solo 401k Financial is not a law firm, a certified public accounting firm, or a registered investment advisor. Individual circumstances vary. Consult a qualified tax or ERISA attorney before making any retirement plan decisions.

 

Self-Directed IRA LLC: Two IRAs in One LLC Triggers a Form 1065 Return

Self-Directed IRA LLC: $250,000 In, One LLC, Zero Personal Use Allowed

Live webinar replay: Self-Directed IRA LLC rules, hosted by My Solo 401k Financial.

Yes, a self-directed IRA can invest in an LLC, often called a self-directed IRA LLC or checkbook IRA LLC. The self-directed IRA can buy a minority membership interest alongside other investors, or become the sole 100% member with checkbook control over the LLC’s own bank account. Existing IRS prohibited-transaction rules still apply to every dollar the LLC touches.

As of , self-directed IRA LLC investing is settled, current practice under existing IRS rules on prohibited transactions and disqualified persons — it is not new, proposed, or temporary guidance.

Can My Self-Directed IRA Invest in an LLC?

A self-directed IRA can invest in an LLC in one of two structures: as a minority investor alongside others, or as the sole member of a single-member “checkbook” LLC. In both cases, the self-directed IRA LLC remains bound by the same IRS prohibited-transaction and disqualified-person rules that govern the IRA itself.

Key Takeaways

  • A self-directed IRA LLC can be structured two ways: as one investor among several purchasing membership units, or as the sole 100% member of a single-member “checkbook” LLC.
  • The self-directed IRA custodian reports the LLC’s fair market value to the IRS every year on Form 5498, which custodians are required to file every May.
  • If two self-directed IRAs invest in the same LLC, the LLC is taxed as a partnership and must file Form 1065, issuing a Schedule K-1 to each IRA.
  • A self-directed IRA can never invest in a business the IRA owner already operates or controls — the webinar host calls this “an emphatic no.”
  • Disqualified persons — the IRA owner, spouse, children, parents, and other lineal descendants — cannot use, lend to, sell to, or personally benefit from a self-directed IRA LLC or its property, even for a single day.
  • A self-directed IRA LLC that runs an active trade or uses non-recourse debt financing can trigger unrelated business income tax (UBIT) or unrelated debt-financed income tax (UDFI).
  • My Solo 401k Financial states it has offered Solo 401(k) plan documents since 2009 and charges $125 a year for ongoing plan support. [VERIFY: fee applies to Solo 401(k) plan support; transcript does not separately state a checkbook IRA LLC fee]

What Is a Self-Directed IRA LLC?

A self-directed self-directed IRA LLC is a limited liability company that a self-directed IRA owns, either partly or entirely, so the IRA can reach investments a conventional brokerage IRA cannot hold directly. My Solo 401k Financial’s host explained that a self-directed IRA LLC can access private equity, real estate ventures, private lending such as promissory notes, tax liens, physical precious metals, and cryptocurrency.

Because a self-directed IRA is permitted to invest in an LLC does not mean every LLC investment is permissible. The threshold questions are who owns and controls the LLC, who manages it, what it will invest in, whether the IRA owner or another disqualified person benefits personally, whether the LLC runs an active trade, and whether it uses debt.

What Are the Two Ways to Structure a Self-Directed IRA LLC?

Structure 1: Investor-Member LLC

A self-directed IRA LLC can purchase a membership interest in an LLC that is raising capital from multiple investors — for example, a real estate syndicate managed by an outside sponsor. The self-directed IRA becomes one member among several, and the LLC issues units in the name of the IRA custodian for the benefit of the self-directed IRA.

Structure 2: Checkbook (Single-Member) IRA LLC

In the second structure, the self-directed IRA owns 100% of a newly formed LLC and becomes its sole member — commonly called a checkbook IRA LLC. The IRA owner acts as the LLC’s manager and directs investments straight from the LLC’s own bank account rather than routing each transaction through the custodian.

“This checkbook IRA structure, aka IRA LLC, where the self-directed IRA is a hundred percent member, can provide great control for you because again, you’re making the investments directly through the LLC, not the self-directed IRA.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(webinar recording )

Example:

The host walked through a sample self-directed IRA LLC investment during the webinar:

“So for example, let’s say that you have a self-directed IRA made up of $300,000. You invest $250,000 of that self-directed IRA into a newly formed LLC.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(webinar recording )

In that example, the LLC — funded entirely by the self-directed IRA — then opens its own checking account and uses those funds to purchase an investment property. Title to the property is taken in the LLC’s name, never the IRA owner’s personal name, and rental income or expenses flow only through the LLC’s bank account.

Comparing the two ways a self-directed IRA can invest in an LLC
Structure IRA Ownership Share Who Manages the LLC Tax Filing
Investor-Member LLC Less than 100% (one of several investors) An outside sponsor/manager Handled by the LLC itself; reporting flows to each investor
Checkbook (Single-Member) IRA LLC 100% (sole member) The IRA owner, acting as LLC manager Disregarded entity — unless a second IRA joins, which triggers Form 1065

In short: an investor-member LLC shares control with outside parties, while a checkbook IRA LLC gives the IRA owner direct transactional control as manager — but not personal-use rights.

What Rules Still Apply Once a Self-Directed IRA Owns an LLC?

Owning a self-directed IRA LLC does not create a loophole around IRA rules. The IRA owner can act as the LLC’s manager and collect rental income, but cannot be compensated for managerial services such as collecting rent or listing a property for sale, and cannot perform “sweat equity” work like using a hammer or paintbrush on LLC-owned property. Every dollar of income must flow directly into the LLC’s bank account — even a brief pass-through to a personal account counts as a distribution.

Important:

A self-directed IRA LLC cannot own a property the IRA owner or a disqualified person personally uses — not even one day a year, and not even at fair market rent.

“It’s prohibited to use a self-directed IRA asset for personal use, whether you use it for a few days or even a day out of the year, whether you pay a fair market rent or not.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(webinar recording )

Who Is a Disqualified Person for a Self-Directed IRA LLC?

A self-directed IRA LLC cannot enter transactions with disqualified persons — the IRA owner, the owner’s spouse, children, parents, and other lineal descendants named under the Internal Revenue Code. This means the self-directed IRA LLC cannot sell property to, buy property from, lend money to, or borrow money from any of these parties, and none of them may personally benefit from the LLC or its property.

Siblings occupy a gray area: they are not on the specific list of disqualified family members, but the host cautioned that the outcome still depends on the facts and circumstances of the specific self-directed IRA LLC transaction.

Investing With Two Self-Directed IRAs in One LLC

A self-directed IRA LLC can be co-owned by two separate self-directed IRAs, but doing so converts the LLC from a disregarded entity into an entity taxed as a partnership.

“You’re going to have to file a Form 1065, Schedule K-1s for each IRA.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(webinar recording )

Most self-directed IRA LLC investors instead open a separate single-member LLC for each self-directed IRA, keeping each one a disregarded entity and avoiding the Form 1065 partnership return.

Can a Self-Directed IRA LLC Invest in the IRA Owner’s Own Business?

A self-directed IRA LLC cannot invest in a business the IRA owner already owns or controls, regardless of whether that business is structured as an LLC or a C corporation.

“Can I invest my IRA in my own business? The answer is an emphatic no. … This is one of the most dangerous areas in self-directed IRA planning.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(webinar recording )

Investors who want to fund a business they will personally run can instead use a ROBS 401(k) — a rollover business startup structure where retirement funds transfer into a 401(k) that then buys stock in a C corporation. Under a ROBS 401(k), the individual becomes a W-2 employee of that corporation rather than an IRA owner directly funding it.

What Taxes Can a Self-Directed IRA LLC Trigger? (UBIT and UDFI)

A self-directed IRA LLC can trigger unrelated business income tax (UBIT) if it operates a business that offers goods or services, and unrelated debt-financed income tax (UDFI) if it uses non-recourse loan financing to buy real estate.

“Congress created self-directed IRAs for passive investing, not for active investing. Active investing, meaning investing in a business that offers goods or services.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(webinar recording)

How Does the IRS Track a Self-Directed IRA LLC?

Once a self-directed IRA LLC is funded, the self-directed IRA custodian must obtain a fair market valuation of the LLC each year and report it on Form 5498, which custodians are required to file with the IRS every May. A special code on that form flags to the IRS that the self-directed IRA holds an LLC rather than conventional securities.

Info:

Attendees also asked about related Solo 401(k) topics during this session:

“Do your solo 401(k) plans allow for rolling funds from an existing SEP IRA to avoid a pro rata issue for backdoor Roth?”

— Live attendee question
(webinar recording )

My Solo 401k Financial’s host confirmed that funds from a SEP IRA, traditional IRA, or non-deductible IRA can transfer into a solo 401(k) to isolate non-deductible basis ahead of a backdoor Roth IRA conversion — a separate strategy from the mega backdoor Roth using a Solo 401(k).

Key Terms

Checkbook IRA LLC
A self-directed IRA LLC structure in which the IRA is the sole (100%) member of the LLC, giving the IRA owner, as LLC manager, direct control over the LLC’s own bank account.
Disqualified Person
Anyone the IRS restricts a self-directed IRA or self-directed IRA LLC from transacting with for personal benefit, including the IRA owner, spouse, ancestors, lineal descendants, and spouses of lineal descendants.
Prohibited Transaction
A transaction between a self-directed IRA LLC and a disqualified person, or a personal use of IRA assets, that can jeopardize the account’s tax-advantaged status.
UBIT (Unrelated Business Income Tax)
A tax that can apply when a self-directed IRA LLC actively operates a trade or business offering goods or services, rather than holding passive investments.
UDFI (Unrelated Debt-Financed Income Tax)
A tax that can apply when a self-directed IRA LLC uses non-recourse debt financing to acquire real estate.
ROBS 401(k)
A Rollover as Business Startups structure that lets an individual roll retirement funds into a 401(k) that buys stock in a C corporation the individual will actively run as a W-2 employee.

Frequently Asked Questions

Can my IRA invest in an LLC owned by my son?

A self-directed IRA cannot safely invest in an LLC owned or controlled by the IRA owner’s child, because children are disqualified persons under IRA prohibited-transaction rules. A self-directed IRA transaction involving a company a child owns or controls can create a prohibited transaction. The same restriction applies to LLCs owned or controlled by a spouse or parent.

Are my brother or sister considered disqualified persons for my self-directed IRA?

Siblings are not on the specific family list — spouse, ancestors, lineal descendants, and spouses of lineal descendants — that the Internal Revenue Code names as disqualified persons. That does not automatically clear a self-directed IRA LLC transaction involving a sibling; the outcome still depends on the facts and circumstances of that specific investment.

Can my self-directed IRA LLC operate a business?

No. A self-directed IRA LLC cannot operate a business where the self-directed IRA is the sole member running day-to-day operations. The LLC must hold passive investments, not an active business, and it cannot be used to run a business for the IRA owner, the owner’s children, parents, or spouse.

Can I invest two self-directed IRAs in the same LLC?

Yes, but a self-directed IRA LLC owned by two IRAs is taxed as a partnership rather than treated as a disregarded entity. The LLC must file Form 1065, and a Schedule K-1 goes to each IRA. Most investors instead open a separate single-member LLC for each self-directed IRA to avoid that partnership return.

Can my self-directed IRA LLC own a vacation property I use for a few weeks a year?

No. A self-directed IRA LLC cannot own a vacation or investment property that the IRA owner personally uses, even for a single day and even at fair market rent. Personal use of a self-directed IRA LLC asset is a prohibited transaction regardless of how the property is titled.

Can I invest my self-directed IRA in my own business?

No. Investing a self-directed IRA or a self-directed IRA LLC directly in a business the IRA owner already owns or controls is prohibited, even if the business is structured as a C corporation instead of an LLC. Owners who want to fund a business they will run typically use a ROBS 401(k) instead, which requires becoming a W-2 employee of that company.

My Solo 401k Financial’s host noted the firm has offered plan documents since 2009 and was first in the industry to offer the mega backdoor Roth, starting in 2013.

“Are you a one person business? Wouldn’t that be nice? I’d probably be a billionaire, but I’d probably have a heart attack as well.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial, responding to a live attendee question
(webinar recording )

My Solo 401k Financial does not hold client funds directly; clients typically custody self-directed IRA LLC assets through an outside trust company or brokerage such as a Solo 401(k) platform of their choosing.

This article is based on the [VERIFY: webinar date] live webinar hosted by My Solo 401k Financial. Analysis by Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial.

Ready to open a self-directed IRA LLC?

Start your account with My Solo 401k Financial

This article is for educational purposes only and is not legal, tax, or investment advice. Consult a qualified professional about your specific situation.

Complete Guide for Best Brokerage for Solo 401k

Solo 401(k) Brokerage Account: Fidelity vs. Schwab for 2026

Direct Answer: A Solo 401(k) brokerage account can be opened at Fidelity, Charles Schwab, Interactive Brokers, or TradeStation, but not at T. Rowe Price for a third-party plan. Fidelity supports direct ACH bank linking for contributions; Schwab requires mailed checks unless a personal Schwab account is also linked. Both Fidelity and Schwab support the Mega Backdoor Roth and participant loans. My Solo 401k Financial recommends avoiding E*TRADE due to account-opening delays of up to nine months.

Key Takeaways

  • Form 5500-EZ must be filed once a Solo 401(k)’s market value exceeds $250,000 as of the end of the plan year, combined with the value of any linked defined benefit plan.
  • Fidelity supports direct ACH linking from a personal or business bank account for Solo 401(k) contributions; Charles Schwab requires mailed checks, a branch visit, or a linked personal/business Schwab account.
  • The 2026 Mega Backdoor Roth limit is $72,000 per spouse with sufficient W-2 wages, meaning a married couple co-owning an S-corp could convert up to $144,000 combined for the year.
  • Wire transfer fees run approximately $20 at Fidelity versus approximately $25 at Schwab for loan or alternative-investment disbursements, per My Solo 401k Financial’s account of current pricing.
  • E*TRADE has taken as long as nine months to open Solo 401(k) brokerage accounts in My Solo 401k Financial’s client experience, and the firm recommends avoiding it.
  • T. Rowe Price does not open third-party brokerage accounts for a self-directed Solo 401(k) offered by any provider, including My Solo 401k Financial.
  • A Solo 401(k) plan must be signed by December 31 of the tax year to preserve the right to make all contribution types — employee, employer, and voluntary after-tax — up until the following year’s business tax return deadline, including extensions.
Status: As of , this article reflects Fidelity and Charles Schwab account-opening, funding, and fee procedures as described by My Solo 401k Financial during a live webinar. Brokerage procedures and fees can change; confirm current forms and pricing directly with each brokerage before opening an account.

Watch the full live webinar and Q&A: “Which Brokerage Account is Best for Solo 401k?”

Why Doesn’t My Solo 401k Financial Steer Clients to One Brokerage?

A Solo 401(k) brokerage account can be opened at whichever bank, credit union, or brokerage firm the plan participant chooses, because My Solo 401k Financial does not accept referral payments or kickbacks from any financial institution. The firm serves as the Solo 401(k) plan document provider and handles compliance reporting, while the participant separately selects where to hold the funds.

“We don’t receive any type of kickbacks from any bank or brokerage firm because that’s not our practice. And that’s actually questionable if you were to receive some type of referral or kickback.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~0:45 in the webinar [VERIFY: timestamp])

What’s the Difference Between a Basic Solo 401(k) and a Self-Directed Solo 401(k)?

A Basic Solo 401(k) is the in-house plan Fidelity or Schwab offers directly. It does not permit a Mega Backdoor Roth, does not come with the $1,500 auto-contribution tax credit, and does not allow participant loans. A Self-Directed Solo 401(k) from a third-party provider such as My Solo 401k Financial adds all of those features, while Fidelity or Schwab still hold the funds through what they call a non-prototype investment-only brokerage account.

“Brokerage firms like Fidelity and Schwab, they offer a Solo 401(k), but we like to call it a basic Solo 401(k) because it doesn’t come with all the bells and whistles. For example, you can’t perform a Mega Backdoor Roth.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~4:38 in the webinar [VERIFY: timestamp])

Fidelity vs. Charles Schwab for a Solo 401(k) Brokerage Account

Fidelity and Charles Schwab are the two brokerages My Solo 401k Financial clients use most often for a Solo 401(k) brokerage account. The main practical difference is how contributions get funded. Fidelity allows a personal or business bank account to be linked directly for electronic ACH contributions, set up from the bank’s side using Fidelity’s routing number and the Solo 401(k) brokerage account number. Schwab requires mailed checks or an in-branch deposit unless the participant also opens and links a separate personal or business Schwab account.

“With Fidelity you can actually link your bank, your personal or business bank account, to those Fidelity brokerage accounts… so that you can make contributions electronically via ACH.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~14:33 in the webinar [VERIFY: timestamp])

Both brokerages offer open-architecture investing in stocks, ETFs, mutual funds, and bonds, and both permit alternative investments — real estate, private equity, and similar assets — through the same brokerage account under a self-directed plan. Both also allow participant loans, with loan documents prepared by My Solo 401k Financial and proceeds wired directly to the participant’s personal bank account.

Info: Contributions to a Solo 401(k) are not tied to a calendar-year deadline the way a traditional employer 401(k) is. As long as the plan is signed by December 31 of the tax year, all contribution types can be made up until the business’s tax return due date the following year, including timely filed extensions.

Does the Mega Backdoor Roth Work at Both Fidelity and Schwab?

The Mega Backdoor Roth works through either brokerage because the strategy is enabled by the Solo 401(k) plan document from My Solo 401k Financial, not by the brokerage itself. A one-participant plan uses three separate holding accounts under the same plan — pre-tax, Roth, and voluntary after-tax — each tracked separately so the pro-rata rule that applies to a backdoor Roth IRA does not apply here.

“The overall limit for the Mega Backdoor Roth for 2026 is $72,000… and it’s not impacted by any contribution you make to your daytime employer 401(k).”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~22:28 in the webinar [VERIFY: timestamp])
Example: A married couple who co-own an S-corp and each report at least $72,000 of Box 1 W-2 wages for 2026 could each perform a separate Mega Backdoor Roth conversion under one household plan, for a combined total of $144,000 in conversions for the year.

“You could contribute $72,000 times two, which is $144,000 in conversions for 2026 between both spouses.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~23:28 in the webinar [VERIFY: timestamp])

What About E*TRADE, Interactive Brokers, and TradeStation?

E*TRADE is not recommended by My Solo 401k Financial. Since its merger with Morgan Stanley, account opening for a self-directed Solo 401(k) has reportedly taken as long as nine months, with repeated requests to resubmit forms and additional delays funding the account afterward.

“Ever since they merged with, I think, Morgan Stanley, they are terrible to work with with respect to opening up brokerage accounts for a self-directed Solo 401(k). I’ve seen them take as long as nine months before they open the brokerage accounts.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~31:04 in the webinar [VERIFY: timestamp])

Interactive Brokers has an online application and no reported negative feedback from clients, but it is not well suited to the Mega Backdoor Roth strategy — Fidelity or Schwab are recommended instead for that purpose. TradeStation is used mainly by clients focused on futures and options trading, not Mega Backdoor Roth conversions.

Which Brokerage Firms Will Not Open a Third-Party Solo 401(k) Account?

An attendee asked this directly during the live Q&A portion of the webinar.

“Which full brokerage firms will not open accounts for a third party plan like My Solo 401k Financial?”

— Webinar attendee
(~32:03 in the webinar [VERIFY: timestamp])

“T. Rowe Price does not provide third party brokerage accounts for a self-directed Solo 401(k) offered by any provider, including My Solo 401k Financial.”

— Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial
(~32:23 in the webinar [VERIFY: timestamp])

Solo 401(k) Brokerage Comparison

Comparison of brokerage options for a self-directed Solo 401(k) offered by a third-party provider
Brokerage Opens 3rd-Party Solo 401(k) Accounts Electronic (ACH) Funding Mega Backdoor Roth Support Participant Loans Notable Consideration
Fidelity Yes Yes, direct bank linking Yes Yes ~$20 wire fee [VERIFY: current fee]
Charles Schwab Yes Only if a linked personal/business Schwab account exists Yes Yes ~$25 wire fee [VERIFY: current fee]
Interactive Brokers Yes Online application Not recommended No client complaints reported Better suited to futures/options traders
TradeStation Yes Not detailed in webinar Not recommended Not detailed Used mainly for futures/options trading
E*TRADE Yes, but slow Not detailed Not detailed Not detailed Reported account-opening delays up to 9 months
T. Rowe Price No N/A N/A N/A Does not open 3rd-party Solo 401(k) accounts

Summary: Fidelity and Schwab are the two full-featured options for a self-directed Solo 401(k); E*TRADE works but is slow, and T. Rowe Price does not offer this service at all.

What Compliance Filings Come With a Solo 401(k) Brokerage Account?

My Solo 401k Financial handles two recurring IRS filings for clients: Form 5500-EZ, an informational return required once a Solo 401(k)’s market value exceeds $250,000 as of the plan year-end (combined with any linked defined benefit/cash balance plan value for that threshold test, though each plan still files its own return), and Form 1099-R, which reports Mega Backdoor Roth conversions, pre-tax in-plan conversions, required minimum distributions, normal distributions, hardship distributions, and transfers out to an IRA. A final Form 5500-EZ is required when a Solo 401(k) plan is closed, regardless of the plan’s value at that time.

How Do You Open a Solo 401(k) Brokerage Account at Fidelity or Schwab?

For Schwab, My Solo 401k Financial prepares paper “company retirement account” applications for the client’s signature and faxes them to Schwab directly. For Fidelity, clients with an existing Fidelity relationship (such as a prior IRA or former employer plan) can typically upload the new brokerage forms online; clients without an existing profile generally need to mail the forms to Fidelity’s back office rather than bring them to a local branch, which My Solo 401k Financial does not recommend due to added delays.

Frequently Asked Questions

Which Brokerage Account Is Best for a Solo 401(k)?

Fidelity and Charles Schwab are the two most commonly used brokerages for a self-directed Solo 401(k) offered by a third-party provider like My Solo 401k Financial. Fidelity is generally easier for electronic contribution funding via ACH, while Schwab requires mailed checks unless a linked personal Schwab account exists. Both support the Mega Backdoor Roth and participant loans.

Can I Use Fidelity or Schwab for a Solo 401(k) Offered by a Third-Party Provider?

Yes. Fidelity and Schwab both provide non-prototype investment-only brokerage accounts to hold funds for a Solo 401(k) sponsored by an outside plan provider such as My Solo 401k Financial. The brokerage simply holds and reports on the account; the plan provider handles compliance filings like Form 5500-EZ and Form 1099-R.

What’s the Difference Between a Basic Solo 401(k) and a Self-Directed Solo 401(k)?

A Basic Solo 401(k), offered directly by Fidelity or Schwab, does not support a Mega Backdoor Roth, participant loans, or alternative investments. A Self-Directed Solo 401(k) from a third-party provider like My Solo 401k Financial adds all three, while still allowing funds to be held at Fidelity or Schwab.

Does the Mega Backdoor Roth Work at Both Fidelity and Schwab?

Yes. The Mega Backdoor Roth is enabled by the Solo 401(k) plan document, not the brokerage. Both Fidelity and Schwab support the separate pre-tax, Roth, and voluntary after-tax holding accounts the strategy requires under one plan.

How Much Can a Married Couple Contribute to a Mega Backdoor Roth in 2026?

The 2026 Mega Backdoor Roth limit is $72,000 per person, provided the individual reports at least $72,000 of Box 1 W-2 wages from a self-employed S-corp. A married couple who each meet that wage threshold and co-own the business could combine for up to $144,000 in conversions for the year.

Is E*TRADE a Good Choice for a Solo 401(k) Brokerage Account?

My Solo 401k Financial recommends avoiding E*TRADE. Since its merger with Morgan Stanley, account opening for a self-directed Solo 401(k) has reportedly taken as long as nine months, with repeated form resubmissions and further delays before the account is fully funded.

Can I Use Interactive Brokers or TradeStation for a Solo 401(k)?

Interactive Brokers can be used and has an online application, but it is not well suited to the Mega Backdoor Roth — Fidelity or Schwab are recommended instead. TradeStation is used mainly by clients trading futures and options rather than executing a Mega Backdoor Roth strategy.

When Does a Solo 401(k) Have to File Form 5500-EZ?

Form 5500-EZ is required once a Solo 401(k)’s market value exceeds $250,000 as of the plan year-end, combined with any linked defined benefit plan value for that threshold. A final Form 5500-EZ is also required when the plan is closed, regardless of its value at that time.

Glossary

Self-Directed Solo 401(k)
A Solo 401(k) administered by a third-party provider that supports the Mega Backdoor Roth, participant loans, and alternative investments, while funds are held at a brokerage of the participant’s choosing.
Basic Solo 401(k)
The in-house Solo 401(k) offered directly by a brokerage such as Fidelity or Schwab, without Mega Backdoor Roth, participant loan, or self-directed alternative investment features.
Mega Backdoor Roth
A strategy that converts voluntary after-tax Solo 401(k) contributions into a Roth Solo 401(k) holding account, subject to an annual overall limit ($72,000 for an individual in 2026).
Form 5500-EZ
An informational IRS return required for a Solo 401(k) once its market value exceeds $250,000 as of plan year-end, and always required in the plan’s final year.
Form 1099-R
The IRS form used to report Solo 401(k) distributions and conversions, including Mega Backdoor Roth conversions, RMDs, and transfers to an IRA.
Non-Prototype Investment-Only Brokerage Account
The type of account Fidelity or Schwab opens to hold funds for a Solo 401(k) sponsored by an outside plan provider; the brokerage holds the assets but performs no plan compliance work.

This article is based on a live webinar hosted by My Solo 401k Financial. Analysis by Mark Nolan, Founder/Compliance Officer, My Solo 401k Financial.

Ready to open a self-directed Solo 401(k)?
Learn more about the Mega Backdoor Roth using a Solo 401(k) plan or explore Solo 401(k) plan options with My Solo 401k Financial.
Educational purposes only: This article summarizes general information shared during a live webinar and is not individualized tax, legal, or investment advice. Brokerage fees, forms, and procedures change; confirm current details directly with Fidelity, Charles Schwab, or the brokerage of your choice, and consult a qualified tax or legal professional about your specific situation.

Fidelity Solo 401(k)’s Free Plan: 5 Traps That Can Cost Solopreneurs $1,500+ in Tax Credits Alone

Fidelity Solo 401(k)’s Free Plan: 5 Traps That Can Cost Solopreneurs $1,500+ in Tax Credits Alone

What are the hidden problems with Fidelity’s free Solo 401(k) plan?

Direct Answer

The Fidelity Solo 401(k) free plan contains five structural traps: a Roth addendum that is not automatically enabled (and in-plan Roth conversions are not supported at all), eligibility provisions that are easy to miscomplete, an effective date field that can shrink your contribution window, hard-coded pro-rata employer contribution rules, and document errors that can void the plan’s IRS opinion letter. The plan also omits the Mega Backdoor Roth, participant loans, 5500-EZ support, and the $1,500 SECURE Act automatic enrollment tax credit.

Live webinar: Free Isn’t Free — 5 TRAPS in Fidelity Solo 401(k) That Cost Solopreneurs THOUSANDS | My Solo 401k Financial

Key Takeaways

  • The Fidelity Solo 401(k) free plan does not automatically enable designated Roth employee contributions — the solopreneur must separately execute and retain a Designated Roth Addendum, and if it is missing or misfiled, no Roth provisions legally exist in the plan.
  • Starting with 2026 contributions, catch-up contributions for participants age 50 or older who earn more than $150,000 in W-2 wages from their self-employed business must be made on a Roth basis — a requirement that is impossible to meet if the Roth addendum was never executed.
  • Fidelity’s basic Solo 401(k) plan documents do not support in-plan Roth conversions or the Mega Backdoor Roth, even though the in-plan Roth option appears on the Designated Roth Addendum form.
  • Entering the date of sign-up rather than January 1 of the current tax year as the plan effective date unknowingly restricts the compensation window, reducing the maximum allowable Solo 401(k) contribution for the first year.
  • Employer contribution percentages are hard-coded as pro-rata in Fidelity’s plan documents, forcing the primary solopreneur and spouse to use the identical employer contribution percentage — a significant limitation for couples with different savings goals.
  • Errors in Fidelity’s self-completed adoption agreement — including an incorrect plan number, wrong effective date, or undisclosed prior plans — cause the plan to lose reliance on Fidelity’s IRS opinion letter, reclassifying it as an individually designed plan.
  • The Fidelity free plan does not include the SECURE Act automatic enrollment tax credit feature, meaning solopreneurs cannot claim the $1,500 credit ($500/year × 3 years) available to plans with an eligible automatic contribution arrangement (EACA).

Why Solopreneurs Choose the Fidelity Solo 401(k) — And What They Miss

The Fidelity Solo 401(k) free plan attracts self-employed business owners for understandable reasons: zero setup cost, zero custody fees, and the Fidelity brand name. But there is a cost comparison most solopreneurs don’t make.

“The plan offered by My Solo 401k Financial is eligible for fifteen hundred dollars in tax credits, which will more than cover our fees for the first seven years. So for the first seven years, the cost is the same. But the features of the plan offered by My Solo 401k Financial are vastly superior.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(3:20 in the webinar)

Importantly, using My Solo 401k Financial plan documents does not mean giving up Fidelity as a custodian. The majority of My Solo 401k Financial’s customers who open brokerage accounts choose Fidelity — they simply bring their own plan documents. The accounts stay at Fidelity; the legal framework that governs what those accounts can do is far more capable.

The Root Cause: Fidelity’s Free Plan Is Self-Service

A Solo 401(k) is a legal entity — a trust. Like any trust, the documents that create it dictate what it can do. When a solopreneur sets up the Fidelity Solo 401(k) free plan, they receive a set of documents — including an adoption agreement, basic plan document, trust agreement, and optional addenda — and are responsible for completing them correctly.

“A 401(k) plan is a legal entity. It’s a trust. So like any legal entity, it’s the documents that created in the documents that dictate what you can do.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(4:56 in the webinar)

Fidelity does not pre-fill the paperwork. Fidelity does not proactively enable optional features. And Fidelity does not catch errors before they create compliance exposure. Every trap described below flows from that single structural reality.

The 5 Traps in Fidelity’s Free Solo 401(k) Plan

Trap 1 — Roth Not Auto-Enabled, and In-Plan Roth Conversions Not Supported

The Fidelity Solo 401(k) free plan does not automatically activate the Designated Roth employee contribution feature. To make Roth employee deferrals, the solopreneur must separately execute a Designated Roth Addendum. That addendum is not automatically returned to Fidelity — it must be retained in the solopreneur’s own business records. If it is missing or misfiled, no Roth provisions legally exist in the plan.

Important — 2026 Catch-Up Contribution Rule

Starting with 2026 plan-year contributions, participants who are age 50 or older and who earn more than $150,000 in W-2 wages from their self-employed business must make catch-up contributions on a Roth basis. If the Designated Roth Addendum was never executed, those catch-up contributions cannot be made at all — even if the account is labeled “Roth” on Fidelity’s platform.

The Designated Roth Addendum also lists in-plan Roth conversions as an optional feature. But Fidelity’s instructions state clearly that it does not support this feature. The only path to Roth dollars in the Fidelity free plan is through designated Roth employee contributions — no in-plan conversions, and no Mega Backdoor Roth.

“If missing or misfiled, no Roth provisions would legally exist. So just contributing to a Fidelity account labeled Roth without that addendum executed as a plan qualification feature — for 2026, this creates a potential immediate crisis if you’re over age fifty and you’re earning more than … one hundred and fifty thousand.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(6:43 in the webinar)

Trap 2 — Eligibility Provision Errors

The Fidelity Solo 401(k) free plan’s adoption agreement requires the solopreneur to complete eligibility provisions. These provisions define who is eligible to participate. Getting them wrong in either direction creates a problem.

Setting requirements too high: A solopreneur who elects the standard age and service requirements (age 21, 1,000 hours per year) without checking the box indicating those requirements do not apply to themselves or their spouse will have to wait until they have satisfied those requirements before making contributions. Contributions made before eligibility is met are ineligible contributions.

Setting requirements too low: A solopreneur who universally waives service requirements so that they and their spouse can participate immediately may inadvertently make part-time or seasonal W-2 employees eligible to participate in the plan as well — at which point the plan is no longer a Solo 401(k).

Trap 3 — Wrong Effective Date Shrinks the Contribution Window

The Fidelity Solo 401(k) free plan adoption agreement requires an effective date for the plan. Many solopreneurs simply enter the date they sign up — say, October of the current year. That choice unknowingly restricts the compensation window for the entire first year.

Example

A solopreneur who sets up the plan in October 2026 and enters “October 2026” as the effective date cannot use any self-employment income earned from January through September 2026 to calculate allowable contributions. The correct effective date is January 1, 2026. This detail is buried in Fidelity’s fine print, and many solopreneurs miss it.

“That’s gonna unknowingly restrict their compensation window for that first year. So all the self-employment income that they earned before that effective date — that cannot be used to justify contributions to the Solo 401(k) plan.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(12:12 in the webinar)

Trap 4 — Hard-Coded Pro-Rata Employer Contributions

Fidelity’s basic Solo 401(k) plan documents hard-code employer contributions as pro-rata. Every employer contribution percentage applied to the primary solopreneur must be applied at the identical percentage to the spouse’s W-2 wages. The solopreneur cannot change this in Fidelity’s documents.

Example

If the primary solopreneur wants to contribute 25% of their W-2 wages as an employer contribution, that same 25% must be contributed for the spouse. If the spouse has no interest in making employer contributions, Fidelity’s documents provide no mechanism to set their percentage to zero while leaving the primary participant at 25%.

My Solo 401k Financial’s plan documents allow different employer contribution percentages for each participant. One spouse can elect the maximum 25%; the other can elect zero.

Trap 5 — Document Errors Void IRS Opinion Letter Protection

The Fidelity Solo 401(k) free plan comes with an IRS opinion letter — confirmation that Fidelity’s prototype plan documents satisfy Internal Revenue Code qualification requirements. That opinion letter is valuable because it can be cited on Form 5500-EZ, which is required when plan assets exceed $250,000.

But Fidelity’s own plan documents state that if the solopreneur makes errors in the self-completed adoption agreement — including an incorrect effective date, a wrong plan number, or failure to disclose prior plans — the plan cannot rely on Fidelity’s opinion letter. The plan is then treated as an individually designed plan.

“The solopreneur cannot rely on Fidelity’s plan opinion letter. So that means it’s an individually designed plan. … The solopreneur would have to find another plan provider to be able to complete that 5500-EZ with the applicable opinion letter number.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(15:00 in the webinar)

Fidelity Free Plan vs. My Solo 401k Financial Plan: Feature Comparison

Comparison of key Solo 401(k) plan features: Fidelity basic (“free”) plan versus My Solo 401k Financial specialty plan document
Feature Fidelity Free Plan My Solo 401k Financial
Designated Roth employee contributions ⚠️ Must manually enable (separate addendum) ✅ Built in
In-plan Roth conversions ❌ Not supported ✅ Supported
Mega Backdoor Roth ❌ Not supported ✅ Supported
Participant loans ❌ Not supported ✅ Supported
Form 5500-EZ preparation support ❌ Not provided ✅ Included at no additional charge for those who timely request
$1,500 SECURE Act automatic enrollment tax credit ❌ Feature not included ✅ EACA feature included; credit available
Alternative investments (real estate, precious metals, private equity) ❌ Not supported ✅ Supported
Employer contribution flexibility (different % per participant) ❌ Hard-coded pro-rata only ✅ Different percentages per participant allowed
Brokerage account at Fidelity ✅ Yes ✅ Yes — Fidelity remains the top custodian choice for My Solo 401k Financial customers
Setup cost $0 Fee; offset by $1,500 tax credit (net $0 for first 7 years)

Why Fidelity Made These Omissions — And What It Costs Solopreneurs

The Fidelity Solo 401(k) free plan’s missing features are not oversights — they are business decisions. Fidelity designed a streamlined prototype plan that handles standard brokerage investments. Features like the Mega Backdoor Roth, participant loans, and in-plan Roth conversions require more complex plan language and ongoing administrative support that Fidelity has chosen not to offer in the free plan.

“This is also a good time to highlight just some of the features that Fidelity has made the business decision to not include in their plan documents. So, for example, no Mega Backdoor Roth. … No in-plan Roth conversions. … No participant loans. … No 5500-EZ support. … No fifteen hundred dollars in tax credits. … Lastly, no alternative investments.”

— George Blower, Retirement Accounts Attorney, My Solo 401k Financial
(16:30 in the webinar)

The cumulative impact over a solopreneur’s working lifetime can be substantial. Missing the $1,500 SECURE Act credit is a direct, immediate tax cost. Missing the Mega Backdoor Roth forecloses potentially hundreds of thousands of dollars in tax-free retirement growth. Missing participant loans eliminates a liquidity option. Missing 5500-EZ support creates a compliance burden the moment the plan exceeds $250,000.

Solopreneurs who already use My Solo 401k Financial’s plan documents with their Fidelity accounts can invest in the full range of Solo 401(k) features while keeping their Fidelity brokerage relationship intact.

Key Terms

Fidelity Solo 401(k) free plan
Fidelity’s basic prototype Solo 401(k) plan available at no setup cost directly through Fidelity, using Fidelity’s own plan documents that the solopreneur must self-complete.
IRS opinion letter
A letter from the IRS confirming that a prototype retirement plan document satisfies Internal Revenue Code qualification requirements. The opinion letter number must be reported on Form 5500-EZ. If the plan cannot rely on its opinion letter, it is reclassified as an individually designed plan.
Designated Roth Addendum
A supplemental plan document that formally enables designated Roth employee contributions within a 401(k). Under Fidelity’s free plan process, the solopreneur must separately execute and retain this addendum in their own business records.
Mega Backdoor Roth
A strategy allowing Solo 401(k) participants to make voluntary after-tax (non-Roth) contributions up to the annual additions limit, then convert those dollars to Roth, enabling tax-free growth well beyond normal Roth contribution limits. Not supported by Fidelity’s basic Solo 401(k) plan.
Form 5500-EZ
An IRS annual report required for one-participant retirement plans when fair market value of plan assets exceeds $250,000 at the end of the plan year. Fidelity’s basic Solo 401(k) does not include 5500-EZ preparation support.
SECURE Act automatic enrollment tax credit
A tax credit of up to $1,500 — $500 per year for three consecutive years — available to plan sponsors whose plan includes an eligible automatic contribution arrangement (EACA). Fidelity’s basic Solo 401(k) does not include the EACA feature, so this credit is not available to Fidelity free plan users.

Frequently Asked Questions

Does the Fidelity Solo 401(k) support the Mega Backdoor Roth?

No. Fidelity’s basic Solo 401(k) plan documents do not support the Mega Backdoor Roth strategy. To access Mega Backdoor Roth — which allows voluntary after-tax contributions converted to Roth — you need a Solo 401(k) plan document from a specialty provider that includes that feature. You can still hold the resulting accounts at Fidelity.

Can I take a participant loan from my Fidelity Solo 401(k)?

No. Fidelity’s basic Solo 401(k) plan documents do not include participant loan provisions. If you need the ability to borrow from your Solo 401(k), you must use plan documents from a specialty provider that builds in participant loan language.

What is the $1,500 automatic enrollment tax credit and does the Fidelity free plan qualify?

The SECURE Act created a $1,500 tax credit — $500 per year for three consecutive years — for plans that include an eligible automatic contribution arrangement (EACA). Fidelity’s basic Solo 401(k) plan documents do not include this feature, so solopreneurs on the Fidelity free plan cannot claim the credit. A plan document from My Solo 401k Financial that includes automatic enrollment qualifies for the credit, effectively offsetting plan document fees for the first seven years.

What happens if I enter the wrong effective date on my Fidelity Solo 401(k) adoption agreement?

Entering the date you signed up rather than January 1 of that tax year restricts the compensation window used to calculate allowable contributions. Self-employment income earned before the effective date cannot be used to justify Solo 401(k) contributions for that year, potentially reducing your maximum allowable deduction significantly. The correct date is January 1 of the year the plan is established.

Does Fidelity support in-plan Roth conversions in its Solo 401(k)?

No. Although in-plan Roth conversions appear as an option on Fidelity’s Designated Roth Addendum form, the instructions to that form state that Fidelity does not support this feature. The only way to fund a Roth sub-account in the Fidelity basic Solo 401(k) is through designated Roth employee contributions.

Can I still use Fidelity as my custodian if I use My Solo 401k Financial plan documents?

Yes. My Solo 401k Financial is a plan document provider, not a custodian. The majority of its customers open brokerage accounts at Fidelity while using My Solo 401k Financial’s plan documents. You can also use Schwab, a bank, or another custodian of your choosing. The plan documents determine what features are available; the custodian holds the assets.

Will Fidelity prepare and file my Form 5500-EZ?

No. Fidelity does not provide 5500-EZ preparation support for its basic Solo 401(k) plan. My Solo 401k Financial prepares the 5500-EZ at no additional charge for clients whose plan value exceeds $250,000, as long as the client notifies them in a timely manner and timely provides the required financial information.

This article is based on the live webinar hosted by My Solo 401k Financial. Analysis by George Blower, Retirement Accounts Attorney, My Solo 401k Financial.

Ready to Open a Full-Featured Solo 401(k)?

Whether you’re starting fresh or upgrading from a basic Fidelity plan, My Solo 401k Financial prepares plan documents the same business day and supports you through every step — including Form 5500-EZ filing at no additional charge.


Open Your Solo 401(k) at My Solo 401k Financial →

Educational Purposes Only. This content is provided for educational purposes only and should not be construed as tax, legal, or investment advice, nor as a solicitation. When making retirement plan decisions, please consult with your tax attorney and financial professional.

 

Is a Solo 401k Tax-Free? Roth & Voluntary After-Tax vs Pre-Tax Rules

Solo 401k Tax-Free? Only the Roth Side Qualifies After 5 Years and Age 59½

Direct Answer: A Solo 401k is not automatically tax-free — its tax treatment depends on the contribution type. Pre-tax Solo 401k contributions are tax-deductible now but taxed later as ordinary income at distribution. Roth Solo 401k contributions are taxed now but grow and distribute completely tax-free once the account is five years old and the owner is age 59½ or older.

Live webinar: “Is a Solo 401k Tax-Free?” hosted by My Solo 401k Financial

Status: As of , the tax rules described in this article reflect current IRS treatment of Solo 401k plans. No legislative change to these rules is proposed or pending in the material this article is based on.

Key Takeaways

  • Pre-tax Solo 401k contributions are tax-deductible in the year you make them and grow tax-deferred, but the full distribution amount is taxed as ordinary income at retirement.
  • For tax year 2026, the employee contribution limit to a Solo 401k is $24,500, and the overall limit across all contribution sources is $72,000.
  • A Roth Solo 401k distribution is tax-free only if it is a “qualified” distribution — the account must be open at least 5 years and the owner must be at least age 59½.
  • Voluntary after-tax contributions, used for the Mega Backdoor Roth strategy, let a self-employed owner contribute up to the full $72,000 overall 2026 limit and convert it to Roth.
  • Required minimum distributions apply to pre-tax Solo 401k funds starting at age 73, and the “still working” exception available to traditional employer 401k plans does not apply to Solo 401k owners.
  • Investment gains inside a Solo 401k, such as stock sales, are not subject to annual capital gains tax because the plan is a tax-sheltered vehicle.
  • A Solo 401k that makes an equity investment in an active business rather than investing passively can trigger Unrelated Business Income Tax (UBIT) on gains above the first $1,000.

Is a Solo 401k Tax-Free?

 

A Solo 401k’s tax treatment is not one-size-fits-all. Solo 401k plans allow several contribution sources — pre-tax, Roth, and, depending on the provider, voluntary after-tax contributions used for the Mega Backdoor Roth — and each source is taxed differently.

“One of the biggest advantages of a Solo 401k is it’s powerful tax benefits, but is a Solo 401k really tax free? It depends on which type of Solo 401k contribution you are making.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(watch the webinar)

What Is a Solo 401k?

A Solo 401k is a qualified defined contribution retirement plan for a self-employed, owner-only business. The IRS refers to these as “one-participant 401k” plans; other names in the industry include solo K, single K, and individual K. A business disqualifies itself from a Solo 401k if it employs a non-owner, full-time common-law W-2 employee — generally someone who works 1,000 hours or more in a full calendar year.

Because the owner acts as both the employee and the employer, a Solo 401k allows both employee and employer contributions, just as a traditional employer-sponsored 401k does. Contribution limits are the same between the two structures; the difference is in how the contributions are taxed.

How Are Pre-Tax Solo 401k Contributions Taxed?

Pre-tax Solo 401k contributions reduce taxable income in the year they’re made, then grow tax-deferred rather than tax-free. For tax year 2026, the employee contribution limit is $24,500. Distributions of pre-tax funds, including all investment growth, are fully taxable as ordinary income when withdrawn, generally at retirement.

“The overall limit for an employee contribution to a Solo 401k is twenty four thousand five hundred dollars for tax year twenty twenty six.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(watch the webinar)
Example: If a Solo 401k owner contributes $24,500 pre-tax and it grows to $200,000 over many years, no tax is owed on the growth along the way — but the entire $200,000 becomes taxable in the year it’s distributed. The tax is deferred, not eliminated.

How Are Roth Solo 401k Contributions Taxed?

Roth Solo 401k employee contributions use the same contribution limits as pre-tax contributions, but they are not tax-deductible. In exchange, the funds grow tax-free, and qualified Roth Solo 401k distributions are also tax-free. A distribution only qualifies as tax-free if two conditions are both met.

“You have to have had a Roth Solo 401k for five years, and you must be over age fifty nine and a half when you make the distribution. So you have to satisfy both of those requirements, not just one, but both.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(watch the webinar)

What Is the Mega Backdoor Roth Solo 401k Strategy?

The Mega Backdoor Roth uses voluntary after-tax Solo 401k contributions, which are not deductible but can be converted to Roth. Depending on the plan provider, an owner can direct up to the entire overall annual limit — known by its code section as the 415(c) overall limit — into voluntary after-tax contributions and then convert them.

“For tax year twenty twenty six, the overall contribution limit to a Solo 401k plan is seventy two thousand dollars.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(watch the webinar)
Important: Voluntary after-tax funds must be converted as a whole — you cannot cherry-pick which dollars convert. Converting immediately, before gains accumulate, keeps the taxable portion (the gains) small; any delay lets taxable gains build up inside the after-tax account.

A question raised live addressed exactly this timing issue: if contributions sit unconverted, are the resulting gains taxed later? Mark Nolan’s answer: gains that accrue before conversion become taxable at the time of conversion, while the original contribution amount (the basis) is never taxed again, since it was already after-tax money.

Can You Convert Pre-Tax Solo 401k Funds to Roth?

Yes. This is called an in-plan conversion, and it is fully taxable in the year of conversion because pre-tax funds have never been taxed. The converted amount is treated as earned income for that tax year, which can push the owner into a higher tax bracket, and the resulting tax bill must be paid from outside funds — not from the Solo 401k itself. In-plan conversions cannot be reversed or recharacterized once processed.

Are Solo 401k Investment Gains Tax-Free Each Year?

Gains inside a Solo 401k are not taxed annually — there’s no yearly capital gains bill the way there would be in a personal brokerage account, because the plan itself is a tax-sheltered vehicle. That said, this shelter has one notable exception: unrelated business income tax.

What Is Unrelated Business Income Tax (UBIT) in a Solo 401k?

Unrelated Business Income Tax (UBIT) applies when a Solo 401k makes an active investment — for example, an equity stake in a private business that sells goods or services — rather than a passive investment. The first $1,000 of such income is exempt; amounts above that are taxed, and the tax is paid by the Solo 401k itself, not the owner personally.

“Solo 401k plans were created by Congress to invest passively. They weren’t created for active investing, meaning investing in a business that offers goods or services. That’s why it would trigger unrelated business income tax.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(watch the webinar)

Do Solo 401k Owners Have to Take Required Minimum Distributions?

Yes. Pre-tax Solo 401k funds are subject to Required Minimum Distributions (RMDs) starting at age 73 under current regulations. The “still working” exception, which lets employees delay RMDs from a traditional employer 401k if they remain employed, does not apply to Solo 401k plans, because opening one requires being self-employed and an owner of the business.

“You have to take require minimum distributions from that pre-tax Solo 401k once you reach age seventy three.”

— Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial
(watch the webinar)
Info: Roth Solo 401k funds are no longer subject to RMDs during the owner’s lifetime, which is a meaningful advantage for long-term retirement and estate planning strategies.

Pre-Tax vs. Roth vs. Voluntary After-Tax: Comparison

Comparison of Solo 401k contribution types and their tax treatment
Contribution Type Deductible Now? Growth Taxed at Distribution? 2026 Capacity
Pre-Tax (Employee/Employer) Yes Tax-deferred Yes, as ordinary income $24,500 employee; more via employer + overall limit
Roth (Employee/Employer) No Tax-free No, if qualified (5-year + age 59½) $24,500 employee; more via employer + overall limit
Voluntary After-Tax (Mega Backdoor Roth) No Taxable until converted Gains taxed at conversion; basis is not Up to full $72,000 overall limit

In short: pre-tax defers tax to retirement, Roth eliminates tax on qualified distributions, and voluntary after-tax is a bridge into Roth via conversion.

Glossary

Solo 401k
A qualified defined contribution retirement plan for a self-employed, owner-only business with no non-owner full-time W-2 employees; also called a one-participant 401k, solo K, single K, or individual K.
Mega Backdoor Roth
A strategy using voluntary after-tax Solo 401k contributions, converted to Roth, to get more money into Roth status than the standard Roth contribution limit allows.
Qualified Roth Distribution
A Roth Solo 401k distribution that is entirely tax-free because the account has been open at least 5 years and the owner is at least age 59½ at the time of distribution.
Required Minimum Distribution (RMD)
A mandatory withdrawal from pre-tax retirement funds beginning at age 73 under current regulations; applies to pre-tax Solo 401k funds with no “still working” exception available.
Unrelated Business Income Tax (UBIT)
A tax owed by the Solo 401k itself when the plan makes an active investment, such as equity in a business selling goods or services, rather than a passive investment.
In-Plan Roth Conversion
Converting pre-tax Solo 401k funds to Roth Solo 401k status inside the same plan; taxable in the year of conversion and cannot be reversed.

Frequently Asked Questions

Is a Solo 401k tax-free?

Not automatically. A Solo 401k’s tax treatment depends on contribution type: pre-tax contributions are tax-deductible now but taxed at distribution, while Roth contributions are taxed now but grow and distribute tax-free once the distribution is “qualified” — the account is at least 5 years old and the owner is at least 59½.

What is the Solo 401k contribution limit for 2026?

For tax year 2026, the employee contribution limit is $24,500, and the overall limit combining employee, employer, and voluntary after-tax contributions is $72,000. The overall figure is based on the 415(c) limit set by the IRS.

When are Roth Solo 401k distributions tax-free?

Roth Solo 401k distributions are tax-free only when they’re “qualified” — meaning both that the Roth account has been open at least 5 years and that the owner is at least age 59½ at the time of the distribution. Both conditions must be met, not just one.

Does a Solo 401k avoid capital gains tax?

Yes, on ordinary investment activity. Because the Solo 401k is a tax-sheltered vehicle, selling an investment for a gain inside the plan does not trigger annual capital gains tax the way it would in a personal brokerage account. The exception is unrelated business income tax on active business investments.

Do Solo 401k owners have to take required minimum distributions?

Yes, for pre-tax funds, starting at age 73. Unlike traditional employer 401k plans, the “still working” exception does not apply to Solo 401k owners, since a Solo 401k requires the participant to be a self-employed business owner. Roth Solo 401k funds are not subject to RMDs during the owner’s lifetime.

If I don’t immediately convert after-tax contributions to Roth, are the unconverted funds later taxed?

The original after-tax contribution amount is never taxed again. However, any investment gains that accumulate in the voluntary after-tax holding account before conversion become taxable once converted. Converting promptly, before gains build up, keeps that taxable portion small.

Can I convert pre-tax Solo 401k funds to Roth?

Yes, through an in-plan conversion. The full converted amount is taxable as income in the year of conversion, is treated as earned income that could raise your tax bracket, and must be paid for with funds from outside the Solo 401k. The conversion cannot be reversed once processed.

What is unrelated business income tax (UBIT) in a Solo 401k?

UBIT applies when a Solo 401k invests actively — for example, taking an equity stake in a private business that sells goods or services — rather than investing passively. The first $1,000 of such income is exempt from UBIT; the Solo 401k itself pays tax on amounts above that.

This article is based on the My Solo 401k Financial live webinar “Is a Solo 401k Tax-Free?” . Analysis by Mark Nolan, Founder/ Compliance Officer, My Solo 401k Financial.

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Educational purposes only. This article is general information based on a recorded webinar and is not individualized tax, legal, or investment advice. Consult a qualified tax professional or CPA about your specific situation. See also: Solo 401k overview.

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