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Found 2 results

  1. I have client with a solo-DB (husband and wife) that is overfunded by about $500k. They contributed the maximum deductible against recommendations and investments were aggressive (again, against advice) and returned about 15% a year. They also have a solo-401(k) plan - the plan I administer. Both are in their mid-40's so nowhere near retirement but they are at a point where they finally understand they can no longer make contributions to the DB. Can they: 1) Rollover their DB benefits to their 401(k) and transfer the excess in the DB plan to an escrow account in the 401(k) (without excise tax) to fund employer contributions until they are exhausted? 2) Then, in a couple of years, can they start-up a new DB plan?
  2. Hi to All, A client has a profit sharing plan currently with only the owner and his wife as participants. They want to invest the assets in a real estate program of some sort and have decided to terminate their plan and roll their funds to an IRA for each of them. Each IRA will invest in the real estate. The question came up as to whether it would be better to keep the money in the plan and let the plan invest in the real estate, because there would be more bankruptcy and creditor protection within the plan than outside of it. Is that true? Does the answer change when only a husband and wife are participants? Does the answer change if they amend and restate the profit sharing plan as a Solo 401(k) plan? Thanks in advance for any advice! I did look on the internet and found one article that states there is absolutely more protection within the current plan, and yet another one that said there is some kind of exception to that protection for Solo 401(k)s. We're confused.....
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