Solo 401k With an LLC
Many people incorrectly assume that solo 401k plans can only be created for sole proprietorships; this assumption is false.
Tax authorities consider single member LLCs filing Schedule C disregarded entities for tax purposes and any income generated through them goes directly into each member’s personal taxes.
Participant may make salary deferral and profit-sharing contributions within specific limits.
How to Start a Solo 401k
401ks are designed to meet the needs of sole proprietors and business owners without employees. A solo 401k can also be used with LLCs, C-corps or S-corps that do not employ any people – provided you do not own other 401k plans as well.
A single-member LLC is taxed as a disregarded entity, meaning its income does not require its own separate tax return and instead transfers to each member’s personal taxes via Schedule C. Contribution limits for solo 401k plans are high, enabling employees and employers to contribute.
Once funds have been returned from an LLC bank account to a solo 401k, they will be divided between pretax and Roth subaccounts based on how you originally invested them. When distribution-triggering events arise, distributions may begin being taken; typically these distributions are tax-free; however capital gains taxes may apply if assets held by an LLC are sold afterwards.
How to Fund a Solo 401k
The IRS does not place restrictions on which business structures can establish solo 401k plans as long as no non-owner full time employees participate in them. Furthermore, any name can be chosen provided it includes “solo 401k trust”.
Once all paperwork has been submitted, Nabers Group will deliver your LLC articles of incorporation, new tax ID number letter, basic plan document, 401k trust agreement, beneficiary designation forms, rollover acceptance forms, investment documentation forms as well as participant loan documents such as promissory note and amortization schedule.
Once this process is completed, funds can be dispersed into an LLC bank account located anywhere across the nation. They will then be invested into properties or any passive activities using funds belonging to this LLC owned by your solo 401k, making accounting simpler while offering added asset protection for individuals.
How to Set Up a Solo 401k Bank Account
First step to setting up an LLC: apply for an EIN (Employer Identification Number). There are free online services or you can do it yourself on the IRS website; once your EIN has been granted, continue with paperwork for registration of your business entity.
Start by opening a bank account specifically dedicated to your Solo 401k, where all contributions and investments will go. Consider also opening additional participant accounts if you plan on diversifying into different asset classes (pretax, Roth and voluntary after-tax investments).
As part of your Solo 401k setup process, it will be necessary for you to sign and provide standard ID documentation for the plan documents and standard investments in it. By working with a full-service Solo 401k provider, most or all of this may be handled for you; they’ll even draft an operating agreement for your LLC that sets forth rules you and its custodian must abide by as well as “disqualified persons” who cannot purchase investments within it such as yourself and family members.
How to Open an LLC Bank Account
If you are self-employed and wish to take advantage of the tax benefits associated with a Solo 401k, opening an LLC bank account is required. After being verified as eligible by your bank, an initial investment must be deposited into it before opening an LLC account.
An EIN verification letter verifies that your company is an established business, assuring banks that no attempts have been made to conceal assets. Furthermore, asset protection provides invaluable asset security against personal lawsuits against you or members of your team.
One common misperception about Solo 401k plans is that they are only open to sole proprietors. That assumption is incorrect – anyone operating an S corporation, C corporation, LLC with partners, or LLC can utilize these plans – provided there are no full-time non-owner employees employed at your business and that no prohibited transactions occur.