Quote from @Jason Malabute:
I had a potential investor face a similar situation, and I've found that there are often more restrictions when investing from a 401k compared to an IRA. Based on what I remember, it gets even more complicated if the 401k is from a previous employer.
In your case, since Fidelity is declining the account due to the nature of the retirement funds, one option might be to consider rolling over a portion of your 401k into a self-directed IRA, which typically offers more flexibility. This could potentially help you avoid the restrictions you're encountering with Fidelity. However, it's essential to consider the trade-offs, especially with the difference in interest rates between uDirectIRA and Fidelity.
I’d recommend talking to a custodian who specializes in this because they would be more knowledgeable about the nuances. Let me know if you’d like a reference!
I have migrated my account from uDirectIRA to SenseFinancial and I am very happy about it so far.
solo 401k do not require custodians. uDirectIRA was the custodian and everything was very slow and frustrating. They needed 3-5 business days to review and approve my wire transfer request that was just two pages long.
Now SenseFinancial helped me restate the 401k plan and have no custodians. I am the 401k admin and trustee so I have full control.
I can buy a property directly under my 401k trust and sign on behalf of my trust. Or if I still want to have the 401k Invest in an LLC, I believe I can open an LLC business account, have a form that says it is a private equity investment from the 401k, and then operate the LLC to hold a rental property.
Fidelity has reps that don't understand things. It is much easier to use their online business account application and just put my name there as the indirect account owner, and put in the 401K's EIN instead of the LLC's EIN. (I haven't tried this so don't hold me onto it. I did try submitting an LLC business account application for another LLC that's directly owned by us and it was approved quickly. The rep confirmed that the W9 form has whatever EIN we put into the application.)
I think it is a bad idea to move 401k funds to IRA because IRA has less protection, and subject to UDFI tax if you buy a rental property with debt.