Side self-employed business to be eligible for a solo 401(k)?

Side self-employed business to be eligible for a solo 401(k)?

Member since 2020 · 11 posts · 1 vote

Hi BP, I'm new to the forum, and have a question about converting a traditional 401(k) into a solo 401(k) with checkbook control to be able to invest in real estate, and what constitute as self-employment to qualify for a solo 401(k)?

Quick background: I have a regular W2 job w/ it's own 401(k) plan, but recently changed job and want to convert the 401(k) from the prior employer into a solo 401(k) to invest in real estate. I've contacted one of the solo 401(k) companies and have an idea of what's involved.

My understanding is, you need to be self-employed and make at least $500 or more a year in income to qualify for a solo 401(k), correct? Some people have a side job/consultant job that would qualify in additional to their regular W2 job... 

Since I'm just getting started, my "side" job has not been fully established yet, but I wish to tap into the prior 401(k) to do real estate deals. I do misc consultation on the side (for a kids robotics competition, for example in the past 2 years) and misc jobs, down to mowing the lawn, car maintenance for neighbor/friends, fixing things around the house, selling on Ebay, etc... that I collect "income" for, but they would add up to >$500. If I also do day-trading (stocks) in a personal account on the side, can I report my profits from day-trading as "income" to pad my side "jobs", since that would net >>$500/year? I plan to expand on the consultation gig eventually once I get settled. So is my self-employment "job(s)" legitimate if I have a paper trail showing receipts, etc of how the income was earned, and thus qualify to open a solo 401(k)?

Thanks in advance.

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  • Brian EastmanPro Member
    Self Directed IRA & 401k Advisor · Wenatchee, WA · Member since 2014 · 2k+ posts · 2k+ votes
    6y

    @K Luu

    You should speak with a licensed tax professional on this matter.  If the various side activities are sufficient to file IRS Schedule C along with your tax return, then it will qualify as self-employment capable of acting as a sponsoring employer for a Solo 401(k).

    We caution against borderline qualification, as our experience shows the likelihood of continuing to be legitimately self-employed year after year is typically low in these cases.  If you cease having an operating business to sponsor the Solo 401(k), then the 401(k) needs to be terminated.  

    Opting for a Checkbook IRA to invest in real estate would often be a better option if self-employment qualification is tenuous.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    6y

    @K Luu

    The key for Solo 401k plan eligibility is to have legitimate self-employment activity. What you are describing seems more like a hobby. Learn more here:

    https://www.irs.gov/spanish/hobby-or-business-irs-offers-tips-to-decide

    But Brian is correct, speak with  your CPA who can review your income and help you determine if you have legitimate self-employment activity. 

  • Member since 2020 · 11 posts · 1 vote
    6y

    Thanks for the inputs. I have setup a meeting with a CPA next week to go over everything. I just got too excited and ahead of myself after learning that I can actually take control of an old 401k to do real estate investments, instead of being stuck in mutual funds. 

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