Self-employed 401k

Finance Dave

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This question/topic is not for me, but for a friend...so I may not have answers to any questions...but...

He is self-employed, makes about $140k/year, has a spouse, he's 62. He recently opened a "self employed" 401k through FIDO (he said they used one of their banks, whatever that means). I have a few questions:

1) What is the difference between a "self-employed 401k" and a "solo 401k"?

2) I'm reading articles, and below is an excerpt from the FIDO website on the self-employed 401k. How do you know how much you can contribute if you don't know your AGI until after the calendar year is over?

3) Is there a spousal contribution allowed also? Or is it just one number?

4) It looks to me like he can defer 100% of his comp, but who tracks whether that will hit the $23k deferral max and stop the deferrals?

5) I don't know if he pays himself a "salary" or "compensation"....so the 25% mentioned below would that just be 25% of the net income? If you don't pay yourself a salary, can you do the first $23k at all?

6) To check my math, does it look right that he could contribute the following? $23k deferral + $7,500 catch-up + $35k (25% x $140k profit) = $65,500

Any tips helpful. Thanks in advance.

From FIDO website
"Self-employed 401(k) contribution limits
The highlight of the self-employed 401 (k) is the ability to contribute to the plan in two ways. According to 2024 IRS 401(k) and Profit-Sharing Plan Contribution Limits, as an employee, you can make salary deferral contributions equal to the lesser of $23,000, or 100% of your compensation. If you're at least 50 years old or will turn 50 years old in 2024, your savings options are even higher because you can add an extra $7,500 in catch-up contributions each year. Then, as the employer, you can make a contribution of up to 25% of your compensation each year.

Total contributions to a participant’s account, including catch-up contributions for those age 50 and over, cannot exceed $76,500 for 2024. For those under 50, total contributions cannot exceed $69,000.

Together, those contributions can add up to significant annual savings. For example, if you're an independent consultant under 50 (with no employees) with 2024 compensation of $100,000, you could elect to defer up to $23,000. Then, as the employer, you could contribute $25,000 more based on your compensation minus business expenses and self-employment taxes. In total, you could set aside $48,000 in one year to help build your retirement nest egg."
 
I don't know about a self employed 401k, but back in the day, I had a simple ira, or simple 401k, i forget the exact name. Allowed me and my wife who was on payroll to defer with a match but had no testing requirements, so I didn't need any 5500 reports.
 
Os I've been doing SEP 401k for a while now and I am a sole proprietor small biz.

My annual max + catch up is a standard # every year.

My % of profit I determine (& deposit) after I do taxes, but before I hit "submit". You can let the software do the calculations by testing the # you think it should be. I usually do 20% of profits (can't remember the exact %). But up to the max they post every year... $69k for 2024.

Spouse 401k is doable if you make her an employee & basically the same calculations. I think you have to change the biz away from the sole proprietor though.

I could be off on the last, but he would be better paying himself a salary and taking distributions to save on his Medicare and social security taxes @ $40k. This would require the company to be an "so Corp"...

This is not tax advice, just what I would likely do or have done.
 
This is how folks end up with something like $4m in their tax-deferred accounts and then WHINE about having to take it out starting in their 70s and pay taxes on it...
 
Self Employed 401K and Solo 401K are the same thing.

Not gonna attempt to answer the other questions, as there is plenty of information online. As both employee and employer, a great amount of money can be contributed (as opposed to standard 401K and IRAs).
 
Thanks for responses thus far. TheWizard, my friend won't have that issue...as a matter of fact I'm urging him to STOP contributing to Roth and max fund tax-deferred accounts because a VERY large portion of his retirement income will be SS, and given the preferential tax treatment of SS and standard deduction, he will have little to no taxable income throughout his retirement.

I know he doesn't want to create an S Corp or put anyone else on the payroll (including his wife), as he likes things simple and he'll only be working about 2-3 more years.

I think given how high the max contribution limits are, he won't be able to get there...but can still take advantage of reducing his taxable income now (for the next 2-3 years) while still having very low (or even zero) taxes in retirement.

He started saving for retirement late in life, and has most of his retirement in Roths...with a modest amount in a 401k...they have no traditional IRAs at this point. His expected SS at FRA is about $3,700/mo, so the best strategy for them may be for wife to take her benefit at 62 (she is younger than him...about 3 years), then have him defer taking SS to age 70 and at that time she can file for spousal benefit. Doing this would give them an annual combined SS of around $79k. They could do large Roth conversions in the gap years to get the 401k money into Roth IRAs, so their RMDs would be extremely low.

An example provisional income once he is 70 and taking SS would look like below...

His SS = $52k
Her SS = $26k

Provisional = 1/2 SS ($39k) + interest ($2k) = $41k

Taxable income would then be $4.3k SS + $1k interest, or $5.3k...zero taxes and a waste of the personal exemption. So they could take large 401k withdrawals or Roth conversions (up to about $70k based on my math) until he turns 70, and then take smaller withdrawals of about $30k-$40k and still pay zero taxes. They could nearly empty out their modest 401k balance (about $210k) in just a few years doing this and end up with very tiny RMDs.

Feel free to point out any flaws in the logic.
 
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