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All Forum Posts by: Glenn N.

Glenn N. has started 11 posts and replied 45 times.

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3

Thank you David, I appreciate it.

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3

Yes, Dmitry, i agree the advice they gave me seems sketchy, especially when I had conflicting opinions from 2 different tax lawyers. Their answer was they would back it up in court, ON THEIR DIME OR MINE? And they say they do this with many people, which does not make it correct. I'll see, the jury's still out waiting t see how they handle the refund. That will tell me what kind of company they are. 

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3

I was working with Anderson, and when I saw their plan for the protection and a solo, I freaked out, they would not tell me the fees for the future to keep 11 LLCs, 2 land trusts, and a c corp going. Nor could I see it on their site, I'm presently trying to get a refund, way too much to handle at my age ..... still waiting for refund , they are stalling, 

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3
Quote from @David M.:

@Glenn N.

The issue is trying to "change" your passive income into active so that you can pay all the SE taxes and qualify to put it into the self-employed 401k. I suppose the C Corp would be a way to go, just more expensive/complicated to use one. It shouldbe possible to use a LLC and just pay yourself a salary. You never said in your post about what your CPA/accountant said.

You also dropped in the "s status."  Are any of the entities elected to be taxed as S Corp?  Entities elected as S Corp taxation are required to pay out a "reasonable salary."  But, just remember its usually ill advised to hold real property in a S Corp.  But, it looks like you are just lending.

You mention about how you get to over $200k in fees.  Are you asking how you generate that much income?  You just need to do a lot of business.  Is it okay to push over $200k into a se401k?  Well, if that's what you the Member/Board decide, then its fine.  I think you know that not all $200k is being put into the se401k.  Just the $20.5k plus 25% of the rest until you get to ~$60k (I forget the exact numbers).


 Presently i get that income but going to drop off quite a bit here when loans are paid off. But it would be hard to find that many fees I could charge myself in the c-corp

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3

i agree there should be but trying to open a solo 401K, this is the plan they gave me. I questioned it and the lawyer said it's legal and good but another lawyer said you might get away with it for a couple of years then they would fine you and would not allow it.

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3
Quote from @Chris Seveney:

@Glenn N.

This seems like a lot of entities. You could do it with a LLC or S Corp. to have solo 401k must have an active company

A checkbook control sdira could also be done


 Yes, the two hard money lending LLCs are not active companies because they are long-term loans over a month-long -years only short-term payday or bridge loans can be active for loans.  This is why the lawyer said to start a holding company c-corp and the two passive LLCs (existing LLCs are disregarded entities) will pay you a salary as the manager of the c-corp and pay the c-corp fees for the management. It seems a bit out there. The 2 llc's were s -corps at one time but cannot have majority passive income for more than 3 years in s-corp so had to retract s-corp status.

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3
Quote from @Mike S.:
You have to take a salary out of the LLC. This salary (minus the withholding) can fund the solo 401k. On top of it, the LLC can also add 25% of your salary as profit sharing if the plan permits it. There is a maximum yearly contribution that you can put into it (for employee contributions and profit sharing).

You can also roll over fund from your IRA and maybe other 401, 403, 457 plans that you have if the sponsor authorize it (usually after separation of employment only).

 OK I think will work, My main worry was if it's ok for the LLCs to pay with passive income from long-term lending rather than short-term lending (payday loans or bridge loans) to the holding company making it active income for fees and salary to the c-corp  ( I forgot to add this in the beginning and this is what one lawyer had heartburn with)

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3
Quote from @Glenn N.:
Quote from @Mike S.:
You have to take a salary out of the LLC. This salary (minus the withholding) can fund the solo 401k. On top of it, the LLC can also add 25% of your salary as profit sharing if the plan permits it. There is a maximum yearly contribution that you can put into it (for employee contributions and profit sharing).

You can also roll over fund from your IRA and maybe other 401, 403, 457 plans that you have if the sponsor authorize it (usually after separation of employment only).


Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3
Quote from @Mike S.:
You have to take a salary out of the LLC. This salary (minus the withholding) can fund the solo 401k. On top of it, the LLC can also add 25% of your salary as profit sharing if the plan permits it. There is a maximum yearly contribution that you can put into it (for employee contributions and profit sharing).

You can also roll over fund from your IRA and maybe other 401, 403, 457 plans that you have if the sponsor authorize it (usually after separation of employment only).

Post: income for solo401k passive income

Glenn N.Posted
  • austin , TX
  • Posts 49
  • Votes 3

I would like  to start a solo401k, I had someone draw up a structure. This structure would be A C-Corp holding company with two hard money lending LLCs ( passive income disregarded entity) paying the C-corp fees to run them. Then the C-corp would open a Solo 401K for me and fund it with the fees. One lawyer said it was completely legit, But I want to fund the whole 401k, and to do that it be income off almost 200K and how would I justify these using fees? I had another lawyer say you cannot fund this with passive income from the two LLCs with passive income. I would have had the two LLCs 'c that was lending but I had to retract the s status because you cannot have more than 3 years of passive income in an s-corp . Seems like it would be pushing the envelope and asking for an audit and fines.