There are a couple of ways to invest both your personal and solo 401(k) funds in real estate. Both of these options are discussed here.
Invest in Real Estate Under a Tenancy in Common (TIC)
Under this method, title is taken in both the solo 401k owner’s name and in the name of his or her solo 401k . Following is an example on how title to the property is taken assuming the name of the solo 401k is Chargers Solo 401k Trust and the solo 401k owner’s name is Matthew Brown.
Example: 30/70 split between Matthew Brown and his solo 401k plan (Chargers Solo 401k Trust)
How the property purchase is recorded: Matthew Brown, an undivided 30% interest and Chargers Solo 401k Trust , an undivided 70% interest.
- The percentage of ownership is determined by how much funds each party invests at time of real estate purchase.
- All expenses and income are shared based on the ownership percentages.
- No debt financing can be incorporate under a tenancy in common (TIC) transaction; otherwise, the transaction will be deemed a prohibited transaction.
- The property may not be purchased from or sold to a disqualified party (e.g., the solo 401k owner, his or her parents, children, to name few).
- The solo 401k owner is not allowed to use the property for personal use.
Invest in Real Estate Using a LLC
- When both the solo 401k owner (in this example Matthew Brown) and his solo 401k (Chargers Solo 401k Trust) pool their funds and invest in an LLC for the purpose of investing in real estate, title to the property is taken in the name of LLC.
- For example, if the name of the LLC is San Diego Charges LLC, title on the deed would read San Diego Chargers LLC.
- Just like above, the LLC cannot obtain a loan and the solo 401k owner and other disqualified individuals are prohibited from using the LLC owned property for personal use.
How do you think the Department of Labor’s proposed Fiduciary Rule could affect my solo 401k?
It won’t have any affect because the solo 401(k) is only for owner-only businesses with no common law employees. The fiduciary concern comes into play when you have common-law employees participating in a full-time employer retirement plan such as a 401k plan.
Could you please confirm that the Solo 401K is a “living, revocable trust”?
A Solo 401k is a revocable trust, meaning it can be updated and often is for changes in the law (e.g., contribution limits, who can participate, distribution rules, types of contributions, allowed investments, etc.). It is not a “living” trust. Further, self-directed solo 401k trusts are not registered with the state and are considered retirement trusts under the internal revenue code.
I would like to use the money that I have in my Solo 401K to lend to a real estate investor short term (up to one year) for his rehab. Currently, there is about 70K in my account, but there is existing solo 401k loan that I should be paying off completely in January. Is the solo 401k loan affecting how I can use the money in the Solo 401k account?
1. No outstanding solo 401(k) participant loans do not affect how the owner invests the rest of her solo 401k funds. In other words, the solo 401k owner is not required to keep funds in reserve because she has an outstanding solo 401k Loan. Therefore, the remaining solo 401k funds can be invested in investments such as promissory notes, real estate, and tax liens, to name a few.
For those who are self-employed (i.e., own their own business with no, full-time, W-2 employees), an important deadline is approaching (19 days from today to be exact) that will afford the self-employed business owner(s) the opportunity to save thousands of dollars in taxable income for tax year 2015. If you are self-employed and open a solo 401k plan by December 31, 2015, you will be able to wait until next year (2016) to contribute $53,000 plus an additional $6,000 if you turn 50 in 2015 or are already over age 50. Yes you read this correctly. Specifically, you just need to sign the solo 401k adoption documents to be able to wait until your business tax return due date plus timely filed extensions to make both the profit sharing and employee contributions for tax year 2015.
A solo 401k is not subject to Department of Labor rules because a solo 401k is for owner-only businesses with no common-law employees. As a result the contribution deadlines are more favorable for a solo 401k. For example, as long as the solo 401k is set up/adopted by December 31, both the salary deferral and employer contributions can be made up until the due date of the self-employed business tax return plus any timely filed extensions. See the following chart found on page 3 of IRS Publication 560- Retirement Plans for Small Businesses.
When looking at the chart, look at the row labeled “Defined Contribution Plan” as a solo 401k plan falls under this umbrella.
|Type of Plan
||Last Date for Contribution
||When To Set Up Plan
|Qualified Plan: Defined Contribution Plan
||Elective deferral: Due date of employer’s return (including extensions)Employer contribution: Money Purchase or ProfitSharing: Due date of employer’s return (including extensions).
||Employee contribution: Elective deferral up to $18,000, $24,000 if age 50 or over.Employer contribution: ProfitSharing:: Smaller of $53,000 or 100% of participant’s compensation.
||By end of the tax year.
|Qualified Plan: Defined Benefit Plan
||Contributions generally must be paid in quarterly installments, due 15 days after the end of each quarter. See Minimum Funding Requirement in chapter 4.
||Amount needed to provide an annual benefit no larger than the smaller of $210,000 or 100% of the participant’s average compensation for his or her highest 3 consecutive calendar years.
||By end of the tax year.
My wife recently started a business (she formed an LLC if that matters) but she wasn’t approved for the business loan she applied for. Are there any tax/legal ramifications for me providing her company with a business loan from my solo 401k?
That would be a solo 401k prohibited transaction because it is your wife’s business. However, you can take a solo 401(k) participant loan up to the statutory limit which is 50% of your solo 401k balance not to exceed 50,000, and you can use the loan proceeds however you wish including investing them in her business. The reason the 401k loan is allowed is because when you borrow from your own 401(k) plan the funds are no longer consider 401(k) funds.
I have been hearing more and more about non-Roth after-tax contributions as a way to max out Solo 401K contributions. I’m wondering if you have an answer to my lingering questions:
If I make a non-Roth after-tax contribution to my Solo 401-K, can I then immediately make an intra-plan Roth conversion of those funds? (Assume my plan allows it)
ANSWER to Q1.
Yes just the after-tax solo 401k contributions can be converted (in-plan conversion) to a Roth solo 401k provided the following items are satisfied.
- i) The after-tax solo 401k contributions are made into a separate holding account not commingled with the pretax solo 401k contributions, and) ii) the plan allows for in-plan Roth solo 401k conversions.
Lastly, it is best to convert the aft-tax solo 401k funds immediately otherwise the earnings will need to be included in the conversion which will be subject to taxes.
What is the lowest salary I can pay myself (S-corp) and still make the maximum 53K annual 401(k) contribution for 2015? Can I pay myself 53K in salary, make an 18K employee contribution, 13.25K employer contribution (53*.25 = 13.25) and the rest (21.75k) in an employee non-Roth after tax contribution?
ANSWER to Q2.
It is important to understand that the after tax solo 401k contribution are part of the overall limit. The overall limit for solo 401k plans including solo 401k plans for 2015 is $53,000, or 100% of compensation, whichever is less.
After-tax solo 401k contributions are based on net-income, so because your self-employment entity type is an S-corp, you will need at least $53,000 of w-2 income from self-employment to do the following.
- Treat $18,000 as your pretax contribution
- Treat the remaining $35,000 as your after-tax solo 401k contribution (make sure it is deposited in its own separate bank account and don’t commingle the funds with your pretax contributions) which you can then turn around and convert to a Roth solo 401k.
Do you know if a solo 401k can invest in equipment leases?
Yes a solo 401k can invest in equipment leasing. Here is a brief summary of how it works.
The solo 401k is the owner and lender of the equipment. The solo 401k would then lease the equipment to the third-party. Once the lease is up the solo 401k sells the equipment to the lessee or keeps leasing the equipment to the same business or a different business.
The paperwork in connection with the equipment lease would list the solo 401k as the lessor. For example, if the name of John’s Solo 401K is Core Solo 401k Trust, the lessor would read as John Doe, Trustee of Core Solo 401k Trust.
The lease payments would flow back to the solo 401k bank account and so would the proceeds from the sale of the equipment if the solo 401k owner decided to sell the equipment.
With a list of over a hundred solo 401k providers, I narrowed it down and interviewed the top seven companies during my search for a solo 401k provider. After many days of research and conference calls, I decided to go with My Solo 401k Financial because they provide the greatest value especially in the areas of expertise, customer service, and price. Not experienced in setting up retirement accounts, I had a long list of questions during the set up process. I really appreciate that they were always very patient and answered all my questions in a timely manner. As an entrepreneur who will only accept service from the best professionals, I am very happy with my decision and highly recommend My Solo 401k Financial to anyone looking to establish their self-directed retirement plan.
Jason Nguy, Chicago, Illinois
QUESTIONS: I am a CFP and RIA using Scottrade as my custodian. I’d like to establish a self-directed solo 401k for myself, and perhaps do the same for some of my clients. I’d like to incorporate a Scottrade brokerage account into my 401k to facilitate traditional investments as well as checking writing for alternative investments. Is that an option?
ANSWERS: While Scottrade will open a brokerage account for a self-directed solo 401k using Scottrade’s Brokerage Account Application, they will not issue a checkbook. As a result, our clients that want to still use Scottrade will open a brokerage account with Scottrade for trading equities and will also open a local bank account for check-writing, thus resulting in multiple holding accounts under the same self-directed solo 401k.