Must the Self-Directed Solo 401k be a permanent and continuing arrangement?

Yes. A self-directed solo 401k is a 401k but for the self-employed. Therefore, just like traditional 401k plans (aka a 401k for full time employers), the solo 401k won’t be qualified if it appears from facts and circumstances that it was opened as a temporary program. The solo 401k may be considered temporary if the self-employed business abandons the plan within a few years after establishment unless the self-employed business was closed. Contributions are not required to be made to the solo 401k every year, and the self-employed business owner does have the right to close the solo 401k or to stop making contributions without changing the plan’s status as a permanent program. Treas. Reg. 1.401-1 (b)(2)  

About Mark Nolan

Each day I speak with energetic entrepreneurs looking to take the plunge into a new venture and small business owners eager to take control of their retirement savings. I am passionate about helping others find their financial independence. Having worked for over 20 years with some of the top retirement account custodian and insurance companies I have a deep and extensive knowledge of the complexities of self-directed 401ks and IRAs as well as retirement plan regulations. Learn more about Mark Nolan and My Solo 401k Financial >>

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