Rollover 401k to fund Real Estate business

[Mimi Booker]

I've read through the other solo 401k threads but so far I haven't found an answer to my situation.

I have a current 401k plan through my full-time employer.  I also have a small business on the side as a sole proprietor.  Can I rollover the 401k with my current employer to a solo 401k that I start with my business?  Or can you only rollover from a 401k from a previous employer?  

Thanks to everyone who replied to my earlier question about repair costs.

[Mark Nolan]

@Mimi Booker

Unless you are age 59 1/2, you will most likely not be able to transfer your existing employer 401k funds to a solo 401k  for the following reasons.

Employee contributions under a 401(k) plan are subject to more restrictive provisions than profit sharing dollars. Elective deferrals generally may not be distributed including processing a transfer to an IRA before one of the following triggering events occurs:

• attainment of age 59½,
• plan termination

Employer profit sharing contributions can be distributed/transferred to an IRA or another 401k such as a solo 401k after a 2 year holding period has met even if the participant is under age 59 1/2. However, if the participant is over age 59 1/2 the profit sharing contributions can be distributed/transferred to an IRA or a self-directed solo 401k at anytime.

However, if you have any funds in your existing 401k that you transferred from other IRAs or former employer 401k plans, you will most likely be able to transfer those to a solo 401k plan.The following IRS website sheds light on participating in multiple 401k plans. 

http://www.irs.gov/Retirement-Plans/How-Much-Salar...