Self Directed
Solo 401(k) Plans
Are You Really in Control of Your Individual
Retirement 401K Plan?
Many of us have
had or now have 401(k) plans through our former
or current employers. These plans are setup to
allow companies to have retirement plans that
are pre-tax; that is, you set aside a portion of
your income and tell your company how you want
it invested. For example, your employer will
typically signup with a brokerage company or
mutual fund house and offer a select number of
mutual funds or other public investments.
Oftentimes, your employer will match a
percentage of what you invest so you not only
get an excellent deduction, but your company
matches some of the money you put in and
hopefully your investments grow in value.
Well, as you might
guess that last comment is the sticking point.
“Hopefully your investment grows in value.” How
many times have you looked at your statement and
wondered should I switch from the technology
fund to the growth fund and what percentage
should I have in the S&P Fund or the value fund.
To put it bluntly, the choices are limited
especially if you are not a fan of mutual funds.
Anyway, I like
everything about 401(k) plans except what you
can invest in. That is why I am excited to tell
you about self-directed solo or individual
401(k) plans. These plans are designed to give
you the benefits of a 401(k) account while
allowing you to choose where you want your
investments to flourish.
Okay, so how does
this work? Well, if you or your spouse earn
income through self-employment, as a sole
proprietor, partnership, LLC, corporation or as
an independent contractor without any employees,
then you are eligible for this unique retirement
plan.
Like IRAs, you
must decide whether you will tax defer your
income or use the Roth alternative and delay
your gratification for a potentially huge
tax-free windfall.
Roth versus
Traditional:
Roth Solo 401(k)
plans allow you to set aside up to $15,500 for
year 2007 or $20,500 if you are over 50. With
the Roth alternative, you will not be able to
set aside a portion of your revenue; however,
many planners recommend using both a Roth and a
Traditional solo 401(k). The first portion of
your income goes to the Roth and the rest goes
to your traditional solo 401(k).
Why Roth?
Imagine, buying an
investment like a tax deed for $4,500 and
selling it for $50,000 without paying any taxes
on the capital gain. Imagine purchasing a short
sale foreclosure for only $9,000 (it’s possible
in some locations) and selling it for $76,000
without paying any taxes. Or, imagine buying a
piece of paradise (beach front property for only
$50,000 and selling it for over $120,000 all tax
free. Your Roth can make this happen and the
benefit of a Roth 401(k) is you can set aside
about three times more than you can with a Roth
IRA. Remember, you can’t take an immediate tax
break with a Roth, but your benefit comes later
when you pay no taxes on the interest, income or
capital gains of your investment.
Why Traditional?
With a traditional
401(k) your contribution is deducted from your
adjusted gross income and you receive a nice
deduction on your current taxes. For example, if
you made $76,000 and you set aside $15,500, then
your new adjusted gross income is only $60,500.
Or in simple language, you are not taxed on the
$15,500. This can be a real life saver when
April 15th (tax day) rolls around
plus it is a forced way to save. Now, when you
withdraw this money during retirement, you will
be required to pay taxes on it plus any interest
earned.
So what are the
requirements for a Solo 401(k)?
1. You must
establish an account before the end of the tax
year.
2. You can begin
taking distributions at age 59.5. You are
required to take distributions at age 70.5 with
a traditional solo 401(k) plan.
3. You cannot
contribute more than you make.
4. Your income
must be 1099 or W2 income; it cannot be
distributions, such as K1 income.
5. For tax year
2007, you can set aside up to $15,500 in income
plus 25% of revenue from a business or 20% from
a sole proprietorship. Your spouse can set aside
the same amounts. If you are over 50 years old,
you can set aside an extra $5,000 in income per
spouse.
6. You must hold
it in the plan for at least 5 years.
If you know
anything about IRAs, already you will recognize
that you can set aside more money by far in a
solo 401(k) plan than an IRA. Currently, the
limit for IRAs in year 2007 is $4,000 or $4500
if you are over 50 years old.
What you can’t do:
1. Invest in, sell
to, lease to or exchange property with a
disqualified person. Who is disqualified?
a. You, your
spouse, mother, father, kids, grandparents or
any person you designate as a beneficiary.
b. Use your 401(k)
for certain investments, but the requirements
are not as stringent as IRAs.
c. Use your 401(k)
as collateral for a loan.
d. You or a
disqualified person cannot receive a benefit or
goods or services from your 401(k).
e. Invest in a
business that you own more than 50 percent or
that a combination of you and/or disqualified
persons own greater than 50 percent.
The fees to setup
a self-directed 401(k) account range from about
$50 to $250 per year with a setup fee of about
$100.
While there are
Administrators who will help you setup a solo or
individual 401(k) plan, most are brokerage
houses that will limit your investments to
stocks, bonds and mutual funds.
Here is what I
really like about Solo or Individual 401(k)
plans:
·
You
can borrow up to 50% of your plan’s value
usually up to a maximum of $50,000.
·
You
can self-direct your plan and set it up with
check book control.
·
You
can invest in S-corporations and other some
other investments not allowed through your IRA.
·
You
can set aside more money tax free and/or tax
deferred than in an IRA.
·
There are no income requirements to qualify,
like IRAs.
·
You
can obtain a non-recourse loan for buying real
estate without triggering the unrelated business
income tax (UBIT) rules like IRAs.
Self-directing
your retirement monies and taking control of
your investments is one of the best ways I know
of securing your retirement future.
For more
information on setting up your own account,
visit this link:
Self Directed Retirement accounts
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