dragondon Posted December 30, 2022 Posted December 30, 2022 I believe that you should be able to set up a solo 401k just as you would any other 401k but wanted to make sure that the automatic enrollment feature was available and that then you could also receive the government tax credit for this?
WCC Posted December 30, 2022 Posted December 30, 2022 Sure you can have auto enrollment if your plan document allows it. No, you can't take the start up credit for a 401k plan where the only participant is the owner - see Code Section 45E(d)(1)(B): (B) Plan must have at least 1 participant Such term shall not include any expense in connection with a plan that does not have at least 1 employee eligible to participate who is not a highly compensated employee. Luke Bailey 1
Peter Gulia Posted January 1, 2023 Posted January 1, 2023 While WCC’s explanation of the tax credit make this point needless: If a plan is not ERISA-governed (because, for example, there is no employee beyond an owner or deemed owner), unpreempted State law (for example, a wage-payment law) might preclude an automatic-contribution arrangement. Luke Bailey 1 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
G8Rs Posted January 4, 2023 Posted January 4, 2023 While the start-up credit isn’t available, the automatic enrollment credit is in IRC 45T and it does not include the requirement that the plan cover at least one NHCE. Luke Bailey and WCC 1 1
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