Discussion:SEP IRA & Solo 401k

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Revision as of 03:21, 29 November 2008
CarlLaFong (Talk | contribs)
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Revision as of 16:30, 29 November 2008
Lmcdon9822 (Talk | contribs)
(From what I unde)
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{{ForumReplyPost|UserID=CarlLaFong|Date=29 November 2008|Text=There is nothing in the law to prevent the taxpayer from participating in a 401(k) plan and a SEP plan in the same year.}} {{ForumReplyPost|UserID=CarlLaFong|Date=29 November 2008|Text=There is nothing in the law to prevent the taxpayer from participating in a 401(k) plan and a SEP plan in the same year.}}
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 +{{ForumReplyPost|UserID=Lmcdon9822|Date=29 November 2008|Text=From what I understand, we are talking about a small business client. He can either contribute to a solo 401(k) or SEP-IRA, not both. He is a single memeber LLC, to the solo 401 (k) will be better for him since he can contribute more.
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 +As Carla is saying, if the client had a W-2 job AND the single member LLC, he would be able to contribute to his employer's 401(k) and contribute to his solo 401(k) OR SEP-IRA. The funds going into the solo 401(k) or SEP-IRA can only be from his business.}}

Revision as of 16:30, 29 November 2008

Discussion Forum Index --> Advanced Tax Questions --> SEP IRA & Solo 401k
Discussion Forum Index --> Tax Questions --> SEP IRA & Solo 401k

Taxman81 (talk|edits) said:

20 October 2008
I have a client who is 100% owner of a single member LLC - files as a disregarded entity for federal tax purposes. He maxes his SEP IRA. Can he also participate in a Solo 401K plan?

Jbcpa (talk|edits) said:

20 October 2008
I believe he can sponsor a Solo 401k and the SEP at the same time but the SEP cannot be based on the IRS model (i.e. adopted by filing Form 5305-SEP) and appropriate language must be included limiting the Sec. 415 contributions.

Taxman81 (talk|edits) said:

20 October 2008
What model must the SEP be based on? Currently it is based on the IRS model. I wanted to know what steps I should take so I have both going on to maximise his deferral

Jbcpa (talk|edits) said:

20 October 2008
It would have to be a prototype plan (usually designed by banks, brokerages etc.) or an individually designed plan. However, I don't see how he would maximize his deferral by having both SEP and 401(k).

Riley2 (talk|edits) said:

21 October 2008
Why contribute to both plans? Why not just contribute to the 401(k) plan? The SEP-IRA limitation is 25% and the profits sharing contribution in the 401(k) plan is also 25%.

Rupea (talk|edits) said:

29 November 2008
You can either take Solo 401 (k) or SEP-IRA but not both in the same taxable year.

Solo 401 (k) gives the higher deductions because of the employee deferral. This is in addition of 25% of the earned compensation ( limited to $46,000.00)

CarlLaFong (talk|edits) said:

29 November 2008
There is nothing in the law to prevent the taxpayer from participating in a 401(k) plan and a SEP plan in the same year.

Lmcdon9822 (talk|edits) said:

29 November 2008
From what I understand, we are talking about a small business client. He can either contribute to a solo 401(k) or SEP-IRA, not both. He is a single memeber LLC, to the solo 401 (k) will be better for him since he can contribute more.

As Carla is saying, if the client had a W-2 job AND the single member LLC, he would be able to contribute to his employer's 401(k) and contribute to his solo 401(k) OR SEP-IRA. The funds going into the solo 401(k) or SEP-IRA can only be from his business.