Should You Choose a Solo 401k Over A Self-Directed IRA? | Asset Protection for Real Estate Investors : Royal Legal Solutions

Should You Choose a Solo 401k Over A Self-Directed IRA?

Here at Royal Legal Solutions we offer both Solo 401k plans and Self-Directed IRA LLC services. So you can trust us when we say the plan that’s right for you really depends on you, there is no one size fits all solution.
A Solo 401k Plan is usually the best option for self employed individuals.

What is a Solo 401k plan?

A Solo 401k Plan is an IRS-approved retirement plan, which is suited for business owners who do not have any employees other than themselves and perhaps their spouse.
The Solo 401k Plan is not a new type of plan. It is a traditional 401k plan covering only one employee.
Note: A Solo 401k plan offers you the ability to contribute up to $60,000 each year.

9 Reasons Why A Solo 401k Is Better for Self-Employed People

There are a number of options that are specific to Solo 401k plans that make the Solo 401k plan a far more attractive retirement option for a self employed individual than a Traditional IRA.
Here are nine of the best reasons we’ve found.

  1. Reach your Max Contribution Amount Quicker.

A Solo 401k Plan includes both an employee and profit sharing contribution option, whereas, a Traditional IRA has a low annual contribution limit.

How much faster?

Under the 2017 Solo 401k contribution rules, if you’re under the age of 50 you can make a maximum employee deferral contribution in the amount of $18,000.
On the profit sharing side, your business can make a 25% (20% in the case of a sole proprietorship or single member LLC) profit sharing contribution up to a combined maximum, including your employee deferral, of $54,000.
If you’re over the age of 50, you can make a maximum employee deferral contribution in the amount of $24,000. Up to a combined maximum of $60,000.

  1. Roth Feature Options.

A Solo 401k plan contribution can be made in pre-tax or Roth (after-tax) format.  Whereas, in the case of a  Self Directed IRA, contributions can only be made in pre-tax format.

  1. Tax-Free Loan Options.

With a Solo 401K Plan you can borrow up to $50,000 or 50% of your account value in the form of a loan for any purpose. With a Traditional Self-Directed IRA, you can’t even borrow $1 dollar from the IRA without triggering a prohibited transaction.

  1. You Can Use Non-recourse Leverage & Pay No Tax.

With a Solo 401k Plan, you can make a real estate investment using non-recourse funds without triggering the Unrelated Debt Financed Income Rules and the Unrelated Business Taxable Income (UBTI or UBIT) tax.
However, the non-recourse leverage exception is only applicable to 401k qualified retirement plans and does not apply to IRAs. In other words, using a Self-Directed IRA to make a real estate investment involving non-recourse financing would trigger the UBTI tax.

  1. Open the Account at Any Local Bank.

With a Solo 401k Plan, the 401k bank account can be opened at any local bank or trust company. However, in the case of a Traditional Self Directed IRA, a special IRA custodian is required to hold the IRA funds.

  1. No Need for the Cost of an LLC.

With a Solo 401k Plan, the plan itself can make real estate and other investments without the need for an LLC, which depending on the state of formation can be expensive.
Since a 401k plan is a trust, you can be the trustee on behalf of the trust and can take title to a real estate asset without the need for an LLC.

  1. Better Creditor Protection.

A Solo 401k Plan offers you greater creditor protection than a Traditional IRA. The 2005 Bankruptcy Act protects all 401k Plan assets from creditor attack in a bankruptcy proceeding.
Note: Most states also offer greater creditor protection to a Solo 401k than a Self-Directed IRA outside of bankruptcy.

  1. Easy Administration.

With a Solo 401k Plan there is no paperwork required if your plan has less than $250,000 in plan assets.
Note: In the case of a Solo 401k Plan with greater than $250,000, a simple 2 page IRS Form 5500-EZ is required to be filed. Royal Legal Solutions can help you with that.

  1. Flexible Structure.

Royal Legal Solutions’ Solo 401k Plan is a flexible, self-directed plan that will allow you to make traditional as well as non-traditional investments, such as real estate, by simply writing a check.

Bottom Line: Most Self-Employed People Benefit from the Solo 401k

The Solo 401k plan was designed with owner-operated businesses in mind. If you’re self employed, there aren’t too many other plans out there that offer more benefits than the Solo 401k. Of course, this is a generalized statement and your unique circumstances may be different. We recognize that not all self-employed people are the same. That’s why we recommend talking over your retirement plans with a professional.
If you’re interested in learning more about Solo 401ks, we’ve written lots of free resources for you. Check out our previous article on self-employment and retirement options for more information. Or you can call Royal Legal Solutions today at (512) 757–3994 to schedule your 1-on-1 consultation.

Discuss The Legal Safety Of Your Real Estate Investment Portfolio With Our Team? Give Our REI Legal Team A Call Now!512-757-3994