Are there Solo 401-K-like options for Independent Contractors?

Are there Solo 401-K-like options for Independent Contractors?

Account Manager/Adjunct Professor · North Hills, CA · Member since 2016 · 7 posts · 0 votes

I've done some reading on the advantages of Solo-401K options (this article was awesome!).

I am hoping to use funds from my adjunct teaching to invest in real-estate and was hoping I'd be able to shelter this income by dumping it exclusively into the Solo 401K. It doesn't appear that the Solo 401K applies to contractors, however. 

Since the Solo 401K isn't an option for me, are there other tax advantaged options that 1. Allow me to significantly reduce taxes on the contracted income 2. Allow me to invest in real estate?

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Brian EastmanPro Member
Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
10y
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  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    10y

    @Brandon Addison

    As an independent contractor, you are self-employed and should have the option to establish a Solo 401k.

    This would be true if you receive your compensation from your client(s) directly and it is reported using form 1099-MISC.

    A solo 401k can be established by sole-proprietors, LLC's Corporations, etc., so long as it is an owner-only business with no full time employees.

  • Account Manager/Adjunct Professor · North Hills, CA · Member since 2016 · 7 posts · 0 votes
    10y

    Ahh! Thanks for clearing that up, Brian!

    I took the two sentences from the linked article above to say that it was not an option:

    "Solo 401k can be established by anyone who has legitimate self-employment activity (part time is OK) and who does not have full time employees working for them. Independent contractor are not considered employees."

    So I have two follow up questions: 

    1. Do I avoid paying Social Security/Medicare tax if place all my money in the pre-tax option?

    2. Are tax consequences of a sale of future property incurred at time of sale or at time of distribution?

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    10y

    @Brandon Addison

    Exactly.  You are not an employee of the firm you contract with (not really what was being said there, but I added for clarification).  What that is saying is that if your business has contractors, they are not viewed as employees that would need to be provided benefits under your 401k.

    There are two types of contributions to a Solo 401k:

    1. Employer profit sharing will come after the business pays its 1/2 of social security and medicare, but before your half as employee is paid.
    2. Employee contributions come after the full payroll taxes are paid.

    Both would not be subject to income taxation. That taxation is deferred.

    When you sell a property that has been held passively (not a flip), there is no tax implication.  The 401k has simply been reallocated from holding property to holding cash.  Taxes are paid when you take distributions from the plan in retirement.

    Flipping of houses can create a tax liability within the plan known as UBIT.

  • Account Manager/Adjunct Professor · North Hills, CA · Member since 2016 · 7 posts · 0 votes
    10y

    Thanks for your patience and clarity, Brian!

    Let me see if I can summarize :)

    1. Contract employees (like me) are able to contribute to a Solo 401K.

    2. Contributions to the Solo 401K incur standard payroll taxes (in my case 15%)

    3. Pre-tax may be liable to tax consequences for "flips," but holding properties are not liable to taxes until distribution. 

  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    10y
  • Professional · Carlsbad, CA · Member since 2012 · 12k+ posts · 1k+ votes
    10y
  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    10y

    @Brandon Addison

    I'm glad you enjoyed the article, just want to confirm that contractors are listed as being eligible for a Solo 401k plan (somehow you missed it), you should be good to go.

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