Solo 401(k) — overview and eligibility
A Solo 401(k) is a retirement plan for self-employed individuals with no employees. It combines elective deferrals with employer profit-sharing contributions, giving self-employed people far higher contribution capacity than any IRA-based plan. This article covers who qualifies, how the two contribution streams stack, and what to know about the plan's downstream rules.
Steps / Explanation
A Solo 401(k) — also called a one-participant 401(k), individual 401(k), or self-employed 401(k) — is a defined-contribution retirement plan for a business with one participant. It is the same legal structure as a standard 401(k) under Internal Revenue Code §401(k), but with simplified administration because only one person (and optionally a spouse) participates. The plan combines two contribution sources from the same individual: elective salary deferrals as the "employee" and profit-sharing contributions as the "employer."
At Retired.com, a Solo 401(k) can be held as a Self-Directed plan — broadening the range of investments well beyond what a conventional 401(k) custodian offers. See "What is a Self-Directed IRA (SDIRA)?" for the self-directed structure (the same custodial model applies to Solo 401(k) plans).
Who qualifies for a Solo 401(k)
A Solo 401(k) is available to a self-employed individual or small-business owner who has:
Self-employment income or business net earnings — through a sole proprietorship, single-member LLC, partnership, S corporation, or C corporation.
No common-law employees other than the business owner and, optionally, the owner's spouse. Independent contractors who receive 1099 income from the business are generally not employees for this purpose, but the IRS's classification rules apply — we recommend consulting a tax advisor or attorney for guidance specific to your situation.
The "no employees" rule is the defining constraint. If the business hires a single eligible employee (full-time, non-spouse), the Solo 401(k) generally cannot remain solo — the plan must convert to a standard 401(k) with broader coverage rules.
A spouse who earns income from the same business can be a second participant in the Solo 401(k) without disqualifying it.
Contribution structure — two streams stacked
The defining advantage of a Solo 401(k) is the ability to contribute as both employee and employer in the same year:
Employee elective deferrals. As the "employee," the business owner can defer up to the IRS-defined annual 401(k) elective deferral limit (the same limit that applies to any 401(k) — published annually in IRS Publication 560). Catch-up contributions are available for participants age 50 or older, and an additional "super catch-up" applies in certain age windows under the SECURE 2.0 Act.
Employer profit-sharing contributions. As the "employer," the business can contribute up to 25% of compensation (or, for sole proprietors filing Schedule C, approximately 20% of net self-employment earnings after the deduction for self-employment tax). This contribution is on top of the employee deferral.
The combined contribution from both streams is capped at the IRS-defined total annual contribution limit for defined-contribution plans (also in IRS Pub 560 — typically several times higher than the IRA or SIMPLE limit).
Because both dollar amounts and percentage formulas matter, the math takes a few steps. We recommend consulting a tax advisor or attorney for guidance specific to your situation when modeling the contribution.
Roth Solo 401(k) option
Most Solo 401(k) plan documents allow the employee elective deferral portion to be designated as Roth — after-tax contributions that grow tax-free, with tax-free qualified distributions later. The employer profit-sharing portion has historically been required to be pre-tax, though recent SECURE 2.0 changes have expanded the Roth options for employer contributions; plan documents and custodian capabilities vary on whether Roth employer contributions are supported.
Importantly, the SECURE 2.0 Act eliminated lifetime Required Minimum Distributions for designated Roth 401(k) accounts beginning in 2024 — bringing Roth 401(k) accounts in line with Roth IRAs on the RMD-during-lifetime question.
Tax treatment
For pre-tax (Traditional) contributions:
On contribution. Deferrals reduce the participant's taxable income; employer contributions are deductible to the business.
During growth. Tax-deferred growth — earnings are not taxed as they accrue.
On distribution. Distributions taxed as ordinary income.
For Roth contributions: after-tax in, tax-free qualified distributions out (subject to the same Roth five-year rules as a Roth IRA).
Loans and other features
Unlike IRAs, a Solo 401(k) generally allows participant loans. The plan can permit a loan up to the lesser of 50% of the vested balance or $50,000, repayable over up to 5 years (longer for loans used to acquire a primary residence). IRA accounts do not permit loans — so this is a distinctive Solo 401(k) feature, often used for short-term liquidity without triggering a taxable distribution.
Filing requirement at $250,000+
Once a Solo 401(k)'s total plan assets reach $250,000 at the end of the plan year, the plan administrator must file IRS Form 5500-EZ annually. Below $250,000 (and not in the plan's final year), no annual filing is required. The Form 5500-EZ filing is straightforward but is a real obligation — missing it can result in penalties. Contact the Service Team or a tax advisor for guidance on the filing process.
RMDs and other downstream rules
A Solo 401(k) follows the Traditional 401(k) framework for downstream rules:
Required Minimum Distributions (RMDs) apply to the pre-tax portion at the age set by your year of birth under the SECURE 2.0 Act. The Roth portion is not subject to lifetime RMDs starting in 2024. See "Required Minimum Distributions (RMDs) — rules and deadlines."
Prohibited-transaction rules apply (IRC §4975), with the additional structural protection that the business — not the individual — is the plan sponsor.
Rollovers are permitted to a Traditional IRA (for pre-tax balances) or a Roth IRA (with Roth-conversion tax treatment for pre-tax amounts).
Early-withdrawal additional tax under IRC §72(t) applies in the same way as Traditional accounts — 10% before age 59½ with the standard exceptions.
Solo 401(k) vs. SEP IRA — the short version
For a self-employed individual with no employees, the choice often comes down to contribution capacity vs. simplicity:
Higher contribution ceiling. A Solo 401(k) usually allows higher total contributions than a SEP IRA at any given income level, because the employee deferral stacks on top of the employer profit-sharing — whereas a SEP is employer-only.
More features. Solo 401(k) supports Roth contributions, participant loans, and (typically) a wider variety of investment options under plan-document terms.
More administration. Solo 401(k) requires plan documents, an EIN for the plan, the $250k filing trigger, and ongoing record-keeping. SEP IRAs are simpler to set up and maintain.
For a business with employees, neither plan stays "solo" — the Solo 401(k) must become a standard 401(k), and SEP IRAs would require uniform-percentage contributions for all eligible employees.
We recommend consulting a tax advisor or attorney for guidance specific to your situation.
Common questions
Does the $250,000 Form 5500-EZ trigger include just the business owner's account, or also a spouse's?
The $250,000 threshold applies to the total plan assets — so both the business owner's and (if applicable) the spouse's balances combined. Once the total crosses the threshold, the filing requirement applies for that year and going forward.
Can I have both a Solo 401(k) and a Traditional or Roth IRA in the same year?
Yes. The Solo 401(k) and personal IRAs have separate contribution limits. Having a workplace plan (which a Solo 401(k) is) can affect the deductibility of Traditional IRA contributions at higher incomes, and Roth IRA contributions are subject to MAGI phase-outs that apply regardless.
What happens if I hire an employee?
The plan generally must convert to a standard 401(k) with the coverage and nondiscrimination rules that apply to broader 401(k) plans. There are some exceptions (notably, the hired employee may not be immediately eligible under the plan's service-and-age provisions), but the long-term planning question becomes whether the standard 401(k) administration cost is worth it. We recommend consulting a tax advisor or attorney before hiring if you have a Solo 401(k) in place.
Can a Solo 401(k) hold the same kinds of assets a Self-Directed IRA can?
In principle, yes — at a custodian that allows it. The Solo 401(k) structure can hold real estate, private equity, precious metals, cryptocurrency, and the same broad range of alternative assets an SDIRA can hold. The prohibited-transaction rules apply somewhat differently to plan-vs-IRA contexts; consult a tax advisor on the specifics.
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