Are You Self Employed? The Solo 401k Vs. SEP IRA

Solo 401k’s and SEP IRA’s have both been around for awhile now. Previously, SEP IRA’s were considered better only because they had lower administration cost and fees.

However in recent years competition among brokerages has made administration cost and fees almost non-existent for Solo 401k’s. Most brokerages no longer have fees, except for the initial setup.

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. (Consultants, freelancers, yoga instructors etc.)

The Solo 401k, as its name implies, is a plan designed for 1 person who is a business owner. You can include your spouse on the plan if you have one.

For example, a Solo 401k Plan allows you and your spouse to contribute a combined $60,000 annually.

9 Reasons why a Solo 401k is better for you than a SEP IRA if you’re self employed.

  1. You can open a Solo 401k at any bank.

With a Solo 401k, the 401k bank account can be opened at any local bank or trust company. However, in the case of a SEP IRA, a custodian is required to hold the IRA funds, which will eat into your bottom line whether your investments gain or lose.

  1. Roth feature.

A Solo 401k plan contribution can be made in pre-tax or Roth (after-tax) format. In the case of an SEP IRA, contributions can only be made in pre-tax format.

  1. No annual paperwork.

  With a Solo 401k there is no annual paperwork required if your plan has less than $250,000 in plan assets.

  1. You can use non-recourse leverage tax free.

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 SEP IRA to make a real estate investment involving non-recourse financing would trigger the UBTI tax.

  1. Reach your max contribution limit quicker.

A Solo 401k includes both an employee and profit sharing contribution option, whereas, a SEP IRA is purely a profit sharing plan. Business owners with a Solo 401k plan can contribute to their plan both as owners and employees in two ways:

  1. Elective deferralsup to 100% of compensation (“earned income” in the case of a self-employed individual) up to the annual contribution limit:
    • $18,000 in 2016 and 2017, or $24,000 in 2016 and 2017 if age 50 or over.
  2. Employer non-elective contributionsup to:
    • 25% of compensation as defined by the plan.

Note: Total contributions cannot exceed $54,000 unless catch up contributions are used by those over age 50.

  1. Don’t need an LLC.

With a Solo 401k Plan, the plan itself can make real estate and other investments without the need for an LLC.

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 SEP IRA. The 2005 Bankruptcy Act protects all 401k Plan assets from creditor attack in a bankruptcy proceeding.

  1. Tax free loan option.

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. If you tried to borrow money using a SEP IRA, it would be considered a prohibited transaction.

  1. No catch up contributions.

Catch-up contributions allow you to make larger contributions than normal if you qualify. SEP IRA’s do not allow for catch-up contributions.

With a Solo 401k Plan you can make a contribution of up to $54,000 to the plan each tax year ($60,000 if the participant is over the age of 50).

The Solo 401k is better than the SEP IRA, but there is 1 drawback.

 The only drawback to a Solo 401k is that there is slightly more paperwork required to initially set one up than a SEP IRA.

But investing requires more than just money, it also requires time. So what if a Solo 401k takes an extra hour or two to setup? That’s time well spent.

Call Royal Legal Solutions at (512) 757–3994 to schedule a free consultation if you’re interested in learning more about a Solo 401k plan.

 

 

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