Context: I’m an independent contractor filing as a s-corp and have an individual 401k I max out annually (18K.)
In February, I’m buying 50% of a business and will no longer be eligible for my individual 401k. I will however become eligible for the business sponsored 401k which I can begin to max out in 2018.
Question: Can I max out my individual 401k before I buy in and then max out the company’s 401k,…both in 2018?
If not, important to note that my solo 401k has a Roth 401k option. I’ve not yet made any Roth 401k contributions in the past. Can that be maxed out with after tax money prior to it being phased out, and then still max out the company’s 401 both in 2018k?
Actually, just because you buy only 50% of the business, this does NOT make it a controlled group, unless the other 50% partner is a relative/spouse or someone who provides you with the 1099 income in the first place. So if your 1099 income is unrelated to the business you are buying, you might be able to keep your solo 401k plan as it was.
So that's the first question to address - do you have a controlled group situation? If the answer is that there is no controlled group here, then you can put $55k into your solo 401k and another $55k into the 2nd business (provided they have an appropriately designed retirement plan). Yes, the $18k would be in common, but that's not the big concern here, it is the controlled group question.
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