Administrators

Deadlines for Making Contributions to a Solo-K

Deadlines for making contributions to a Solo-K can, at times, appear to be in conflict with an employee who participates in a 401(k) plan as a W-2 participant.  For example, for those of us who have been (or still are) W-2 employees,  imagine if we went up to our employer on January 4 of the following year and said, “hey,…read more →

Self-Employed? SEP vs. Solo 401(k) (Part 1)

As a self-employed person who wants to self-direct their IRA or 401(k), the question may come up as to whether you should establish a self-directed SEP-IRA or Solo 401(k) plan. Self-directed or not and no offense intended, but most self-employed people after visiting with their CPA or financial planner believe that the SEP-IRA is better.  But is it?  OR, is it perceived as the…read more →

IRS Form 5500-EZ

With the recent pilot program for relief on penalties for late filings of the 5500-EZ (expired June 2, 2015), and with the formal adoption of an on-going program effective after the conclusion of the pilot program, we might as well stay on topic with another 5500-EZ consideration.  And, that is when must the Form 5500-EZ be submitted. What Does the…read more →

IRS Extends Program for Late Filers of 401(k) Plans

You have probably seen a significant number of blogs on this site related to IRS requirements for individual 401(k) plans that must file an annual 5500-EZ.  This requirement is in place due to Fair Market Value (assets in the plan that are valued in excess of $250,000) or as a result of terminating their business (and, therefore, the 401(k) plan).  Hopefully, pe0ple take…read more →

Solo 401(k) Plans — Common Law Employees (Part 2)

In the previous blog post we addressed what types of employees must be included in a company’s 401(k) plan.  Or, more correctly, we noted exceptions to individuals being required to be enrolled into the 401(k).  These exceptions generally include: –  Employees who, as a general class, never work more than 1,000 hours per year; –  Employees who are seasonal and,…read more →

Solo 401(k) Plans — Beware of Common Law Employees

Had a call that I absolutely welcomed receiving today from a client.  The issue he raised can always be re-addressed with Trustees of 401(k) plans….and that is what issues should be considered if you are even thinking of hiring employees to your self-employed business.  Believe it or not, the issue of a business that sponsors a 401(k) plan adding ANY…read more →

“Transfers” of 401(k) Plans

Many of you are familiar with an IRA transfer where you “transfer” assets from one IRA to another IRA.   IRA transfers can be executed at will by the IRA owner.  But, what about 401(k) plans?  Is there a transfer provision for 401(k) plans or just rollovers? Yes, transfers can occur.  But, let’s use two examples to explain what would be…read more →

401(k) Plans — Final Chance to File IRS Form 5500-EZ

At the outset, individuals with assets of more than $250,000 in a Solo 401(k) plan must annually report the assets of the plan through the IRS 5500-EZ form.  HOWEVER, this post is not intended for those individuals….today. Rather, individuals who have sponsored a Solo 401(k) plan as a sole proprietor or through some other entity (e.g., S-Corp, LLC) and have…read more →

401(k) Loans and Prohibited Transactions

Self-directed IRA and Solo 401(k) plans (also known as Uni-K, self-directed 401(k), self-administered 401(k) and individual 401(k) plans) have strict rules imposed upon the plans to not engage in IRS and DOL Prohibited Transactions.  These rules are specific in their intent and there are significant penalties associated with a plan participating in self-dealing and other types of specifically prohibited transactions. However, through…read more →

Operating Agreement for Self-Directed IRA LLCs

I occasionally receive a question from a client on why is an operating agreement for self-directed IRA LLCs important. The genesis of the question usually rotates around when an IRA account owner is establishing the bank account for their IRA LLC, the bank will require that the individual provide the Federal TIN (Taxpayer Identification Number) and the approved articles for the…read more →