Program Letter Published on October 3, 2018 by the Commissioners of IRS’s Tax Exempt & Government Entities Division

When making a distribution from a 401k plan including a solo 401k plan it is important to make sure you qualify to take a distribution as triggering events apply.

Types of Solo 401k Contributions and Distribution Rules

  •      After-Tax Contributions and Rollover Contributions. The solo 401k plan participant may withdraw at any time (after completing a distribution form), all or any portion of her account balance attributable to “rollover contributions” and/or “after-tax contributions.”
  •    Employer Contributions: Employer contributions are subject to more stringent distribution rules and may be distributed upon the solo 401k participant’s severance from employment, death, or disability. In addition, employer contributions may be withdrawn upon the occurrence of any of the following events:

1) The occurrence of a Hardship,

2) The attainment of age 59 ½

3) The employer contributions being withdrawn have been accumulated in the solo 401k plan for at least 2 years; or

4) The participant has participated in the solo 401k plan for at least 5 years.

  •   Salary Deferrals (employee contributions): Any employee contribution (including any earnings on such amounts) may not be distributed prior to the solo 401k participant’s severance from employment, death, or disability. However, the solo 401k plan permits an in-service distribution of such amounts upon attainment of age 59 ½ or upon a Hardship.

On October 3, 2018, the Commissioners of IRS’s Tax Exempt & Government Entities Division published a “Program Letter” describing “where we are heading in the new fiscal year” that included a discussion on “executing compliance strategies.” One of the compliance strategies with respect to employee plans the letter identified for 2019 was:

Distributions: verify that plans are following correct distribution processes and procedures and that participants are receiving correct distribution amounts.

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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