Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax Liens & Mortgage Notes
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 10 years ago,

Account Closed
  • Investor
  • Broomfield, CO
53
Votes |
187
Posts

Roth 401k - 5% Ownership Rule

Account Closed
  • Investor
  • Broomfield, CO
Posted

According to the IRS, if you have a Roth 401K retirement account, you must take required minimum distributions no later than April 1 of the year after the calendar year in which you reach age 70 1/2, unless still working and not a 5% owner. 

1. What is the definition of still working? 20 hours per week? 40 hours per week? 5 hours per week? 1 hour per week?

2. What if you changed ownership of the LLC and listed a trust as a 96% owner (and you were listed as the beneficiary of the trust) and thus you only would own 4% of the business (LLC)? Would this work?

I really like the tax advantages of a self-directed roth 401K, but I do not like how I have to take required minimum distributions at age 70 1/2. I'm trying to figure out a clever way around that annoying factor.

Any advice or words of wisdom would be much appreciated!

Loading replies...