10 Tips About Solo 401(k) Contributions

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A Solo 401(k) is a fantastic tool for growing wealth with tax-sheltered retirement savings.

When most people think about a self-directed IRA or 401(k) plan, they concentrate on the investment flexibility.  Being able to invest in real estate, private placements, digital currencies and more is certainly appealing and can give you much more control over investment outcomes.

Making regular contributions to your plan is one of the best – and often overlooked – ways to take full advantage of plan benefits.

The generous contribution features of a Solo 401(k) are what really allow this plan to stand out.  As a self-employed businessperson, you can pay yourself first by setting aside income into your plan and take generous tax deductions when doing so.  The more you have available to invest, the more you will benefit from the compounded tax-sheltering benefits over time that a Solo 401(k) provides.

Here are a few tips about making Solo 401(k) contributions.

All contribution limits below apply to the 2021 tax year.  We maintain a Solo 401(k) Contribution page with detailed information on current contribution amounts.

1 – Generous Contribution Limits

A Solo 401(k) allows for contributions of up to $58,000 for 2021.  In 2022, this number will bump up to $61,000.

For plan participants age 50 and older, it is possible to add $6,500 as a “catch up”, bringing the overall maximum up to $64,500.

There are two avenues you can use to allocate income from your business into your plan – employee contributions and employer contributions.

2 – Employee Contributions

As an employee of your business, you can choose to make an employee deferral into your plan.

With this type of contribution, you claim the income amount as compensation from your business, but then set it aside into your retirement plan rather than take it personally.

You can choose to make your deposit to the plan on a tax-deferred or Roth basis.

The employee contribution is capped at $19,500, with a $6,500 catch up provision for savers age 50 and older.

Employee contributions may be made with up to 100% of eligible compensation, which is your W-2 wage if you are taxed as a corporation or the net business income after self-employment taxes in a pass-through environment.

Because the employee deferral can tap into all available income, this is the preferred choice of sourcing plan contributions in a low-income business.

3 – Employer Contributions

Your business can also contribute to your plan on a profit-sharing basis.

This profit-sharing contribution can be up to the plan maximum of $58,000 and is based on a percentage of income.

In a pass-through environment, contributions can be made from net business income, which is your gross income, less operating expenses, less half of self-employment taxes.

The business then makes the contribution to the plan ahead of being deemed compensation to you, which eliminates the employee half of self-employment taxes.  Because of this potential savings on self-employment taxes, high earners will typically favor using profit sharing as the primary means to contribute.

It would take net business income of $290,000 in a pass through to max out the plan with profit-sharing contributions only.

In a corporate environment where you pay yourself W-2 wages, the maximum profit-sharing amount is 25% of your W-2 compensation.  You cannot utilize shareholder distribution income for purposes of plan contributions.

4 – Combining Contributions

You can combine employee and employer contributions to reach your savings goal.

If you are age 50 or older and want to take advantage of the additional $6,500 catch up amount, you will need to first max out your normal employee contribution of $19,500.

Savers looking to pursue a Roth contribution strategy will also likely make employee contributions the primary method of plan funding.

Most other investors will want to use profit sharing to the maximum amount allowable and then use employee deferrals to meet the balance of their savings goal.

5 – Roth Contributions

With employee deferral contributions, you can choose to set money aside on a tax-deferred (Traditional) basis or on a tax-free Roth basis.

Unlike IRA based plans, there are no income limits on your ability to make Roth contributions.  This means you can put $19,500 into your Roth 401(k) plan or $26,000 if you are age 50 or older.

6 – If You Participate in More than One 401(k)

If you have a Solo 401(k) associated with your own self-employment activity and also have another job with an employer that offers a Solo 401(k), you will need to think carefully about employee deferral contributions.

You have only one individual cap of $19,500 (or $26,000 if 50 or older) that you can make, and this is spread across all plans you participate in.  You can make a full contribution in one plan, or split your contribution across multiple plans.  Of course, you can only use income from a specific employer to contribute to that employer’s plan.

If your other employer makes matching contributions, that is essentially free money and something you should take advantage of.  Some employers may offer a match, but only up to a certain threshold that may be less than the full employee limit.

If matching is limited, you may want to contribute above that amount to your own plan.  If there is no matching, then simply choose which plan you would rather have the money available to invest in.

Employer matches and profit-sharing contributions are not linked across plans.  Even if your employer offers a match or profit-sharing formula, you can max out profit sharing based on your eligible income in your own Solo 401(k).

7 – Making Solo 401(k) and IRA Contributions

Your Solo 401(k) is not impacted by participation you may have in an individual Traditional or Roth IRA.

The reverse is not true, however.  If you have access to an employer sponsored retirement plan, which would include your business’ Solo 401(k), your ability to benefit from a separate IRA may be limited.

You can always contribute to a tax-deferred (Traditional) IRA.  Based on your overall income and tax-filing status, however, you may not be able to take a deduction for such contributions.  While the contributed amount is still taxable in the year of contribution, earnings on non-deductible IRA contributions are tax-deferred.

Self-employed persons with moderate income who may not be able to reach their full savings goal with the Solo 401(k) may choose to make a contribution to a separate IRA and then roll that over to the Solo 401(k).

With a Roth IRA, participation in your own Solo 401(k) does not prohibit you from making contributions. The potential issue here is that you cannot make separate Roth IRA contributions if you are over a specified income amount based on your tax filing status.  Since the Solo 401(k) has generous Roth contribution features, it is rare that someone would have enough income to max out the 401(k) Roth and still be below the limit where they could separately contribute to a Roth IRA.

Because Roth IRA contributions cannot be rolled over to a Solo 401(k), there is not often much benefit to a parallel Roth IRA strategy if you have access to a Solo 401(k).

8 – When to Make Contributions

You can make contributions throughout the tax year and between the end of the year and your tax filing date including extensions.  There are some timing considerations to keep in mind, however.

You cannot make contributions with income you have not yet earned.  Even if you know you will make a good amount of money, you cannot simply dump $58,000 into your plan in January before any earnings have been recorded.

If you operate as a corporation and pay yourself a wage, employee contributions must be made as a payroll event, generally within 7 days of payroll issuance.  This means your last opportunity to make employee contributions is in early January when you process your year-end payroll.

You can contribute regularly throughout the year, on a quarterly basis, or at the end of the year, but there must be a linkage between the payroll received and the amount contributed to the plan.  If you want to wait to the end of the year and make a bigger contribution on a one-time basis, plan to pay yourself a bonus that will cover the contribution amount.

In a pass-through tax environment, you really do not “pay yourself” until you file your taxes.  While you may take draws throughout the year, there is no payroll event to which employee contributions are linked.  That means you have until your tax filing date including extensions to make employee contributions.

The deadline to make employer profit-sharing contributions is the tax filing due date for the business return, including extensions.  This is true in both pass-through and corporate environments.

9 – How to Make Contributions

We get a lot of questions on this one…

To make a plan contribution, put the money in your plan bank account.

It really is that simple (almost).

There is no special process for making contributions to the plan.  Since you are the plan administrator and trustee, you just need to make deposit(s) by the appropriate deadline.

You should make the deposit from your business bank account for proper bookkeeping.

There is no plan level reporting required for the contribution event.  You will want to have a record of your contributions to use when you file your tax returns.

If your total plan value exceeds $250,000 and your plan is therefore required to file IRS form 5500-EZ, then you will need to know the total amount of both employee and employer contributions made during the year, so keep a record to make your filing process easy.

The primary reporting for contributions will be on your business and personal tax returns.

10 – Special Considerations for new Plans

Prior to passage of the SECURE Act in December of 2019, you had to open your Solo 401(k) plan by December 31st of the tax year in order to contribute for that year.

Starting in 2020, that changed.  You can now open your Solo 401(k) up until the tax filing deadline of your business, including extensions.

There is one catch, however.  You can only fund such a new plan created after year-end with employer profit-sharing.  The plan cannot accept employee contributions for the prior tax year.

Consult with your Tax Professional

When it comes to plan contributions, your self-directed Solo 401(k) is no different from a conventional Solo 401(k) limited to investing in stocks and funds.  Most any qualified CPA who deals with small businesses will be familiar with contribution rules and calculations.

If you have questions about designing the best contribution strategy, determining the maximum amount you can contribute, or reporting, please work with your licensed CPA or other tax professional.

A Solo 401(k) is a fantastic tool for growing wealth with tax-sheltered retirement savings.

When most people think about a self-directed IRA or 401(k) plan, they concentrate on the investment flexibility.  Being able to invest in real estate, private placements, digital currencies and more is certainly appealing and can give you much more control over investment outcomes.

Making regular contributions to your plan is one of the best – and often overlooked – ways to take full advantage of plan benefits.

The generous contribution features of a Solo 401(k) are what really allow this plan to stand out.  As a self-employed businessperson, you can pay yourself first by setting aside income into your plan and take generous tax deductions when doing so.  The more you have available to invest, the more you will benefit from the compounded tax-sheltering benefits over time that a Solo 401(k) provides.

Here are a few tips about making Solo 401(k) contributions.

All contribution limits below apply to the 2021 tax year.  We maintain a Solo 401(k) Contribution page with detailed information on current contribution amounts.

1 – Generous Contribution Limits

A Solo 401(k) allows for contributions of up to $58,000 for 2021.  In 2022, this number will bump up to $61,000.

For plan participants age 50 and older, it is possible to add $6,500 as a “catch up”, bringing the overall maximum up to $64,500.

There are two avenues you can use to allocate income from your business into your plan – employee contributions and employer contributions.

2 – Employee Contributions

As an employee of your business, you can choose to make an employee deferral into your plan.

With this type of contribution, you claim the income amount as compensation from your business, but then set it aside into your retirement plan rather than take it personally.

You can choose to make your deposit to the plan on a tax-deferred or Roth basis.

The employee contribution is capped at $19,500, with a $6,500 catch up provision for savers age 50 and older.

Employee contributions may be made with up to 100% of eligible compensation, which is your W-2 wage if you are taxed as a corporation or the net business income after self-employment taxes in a pass-through environment.

Because the employee deferral can tap into all available income, this is the preferred choice of sourcing plan contributions in a low-income business.

3 – Employer Contributions

Your business can also contribute to your plan on a profit-sharing basis.

This profit-sharing contribution can be up to the plan maximum of $58,000 and is based on a percentage of income.

In a pass-through environment, contributions can be made from net business income, which is your gross income, less operating expenses, less half of self-employment taxes.

The business then makes the contribution to the plan ahead of being deemed compensation to you, which eliminates the employee half of self-employment taxes.  Because of this potential savings on self-employment taxes, high earners will typically favor using profit sharing as the primary means to contribute.

It would take net business income of $290,000 in a pass through to max out the plan with profit-sharing contributions only.

In a corporate environment where you pay yourself W-2 wages, the maximum profit-sharing amount is 25% of your W-2 compensation.  You cannot utilize shareholder distribution income for purposes of plan contributions.

4 – Combining Contributions

You can combine employee and employer contributions to reach your savings goal.

If you are age 50 or older and want to take advantage of the additional $6,500 catch up amount, you will need to first max out your normal employee contribution of $19,500.

Savers looking to pursue a Roth contribution strategy will also likely make employee contributions the primary method of plan funding.

Most other investors will want to use profit sharing to the maximum amount allowable and then use employee deferrals to meet the balance of their savings goal.

5 – Roth Contributions

With employee deferral contributions, you can choose to set money aside on a tax-deferred (Traditional) basis or on a tax-free Roth basis.

Unlike IRA based plans, there are no income limits on your ability to make Roth contributions.  This means you can put $19,500 into your Roth 401(k) plan or $26,000 if you are age 50 or older.

6 – If You Participate in More than One 401(k)

If you have a Solo 401(k) associated with your own self-employment activity and also have another job with an employer that offers a Solo 401(k), you will need to think carefully about employee deferral contributions.

You have only one individual cap of $19,500 (or $26,000 if 50 or older) that you can make, and this is spread across all plans you participate in.  You can make a full contribution in one plan, or split your contribution across multiple plans.  Of course, you can only use income from a specific employer to contribute to that employer’s plan.

If your other employer makes matching contributions, that is essentially free money and something you should take advantage of.  Some employers may offer a match, but only up to a certain threshold that may be less than the full employee limit.

If matching is limited, you may want to contribute above that amount to your own plan.  If there is no matching, then simply choose which plan you would rather have the money available to invest in.

Employer matches and profit-sharing contributions are not linked across plans.  Even if your employer offers a match or profit-sharing formula, you can max out profit sharing based on your eligible income in your own Solo 401(k).

7 – Making Solo 401(k) and IRA Contributions

Your Solo 401(k) is not impacted by participation you may have in an individual Traditional or Roth IRA.

The reverse is not true, however.  If you have access to an employer sponsored retirement plan, which would include your business’ Solo 401(k), your ability to benefit from a separate IRA may be limited.

You can always contribute to a tax-deferred (Traditional) IRA.  Based on your overall income and tax-filing status, however, you may not be able to take a deduction for such contributions.  While the contributed amount is still taxable in the year of contribution, earnings on non-deductible IRA contributions are tax-deferred.

Self-employed persons with moderate income who may not be able to reach their full savings goal with the Solo 401(k) may choose to make a contribution to a separate IRA and then roll that over to the Solo 401(k).

With a Roth IRA, participation in your own Solo 401(k) does not prohibit you from making contributions. The potential issue here is that you cannot make separate Roth IRA contributions if you are over a specified income amount based on your tax filing status.  Since the Solo 401(k) has generous Roth contribution features, it is rare that someone would have enough income to max out the 401(k) Roth and still be below the limit where they could separately contribute to a Roth IRA.

Because Roth IRA contributions cannot be rolled over to a Solo 401(k), there is not often much benefit to a parallel Roth IRA strategy if you have access to a Solo 401(k).

8 – When to Make Contributions

You can make contributions throughout the tax year and between the end of the year and your tax filing date including extensions.  There are some timing considerations to keep in mind, however.

You cannot make contributions with income you have not yet earned.  Even if you know you will make a good amount of money, you cannot simply dump $58,000 into your plan in January before any earnings have been recorded.

If you operate as a corporation and pay yourself a wage, employee contributions must be made as a payroll event, generally within 7 days of payroll issuance.  This means your last opportunity to make employee contributions is in early January when you process your year-end payroll.

You can contribute regularly throughout the year, on a quarterly basis, or at the end of the year, but there must be a linkage between the payroll received and the amount contributed to the plan.  If you want to wait to the end of the year and make a bigger contribution on a one-time basis, plan to pay yourself a bonus that will cover the contribution amount.

In a pass-through tax environment, you really do not “pay yourself” until you file your taxes.  While you may take draws throughout the year, there is no payroll event to which employee contributions are linked.  That means you have until your tax filing date including extensions to make employee contributions.

The deadline to make employer profit-sharing contributions is the tax filing due date for the business return, including extensions.  This is true in both pass-through and corporate environments.

9 – How to Make Contributions

We get a lot of questions on this one…

To make a plan contribution, put the money in your plan bank account.

It really is that simple (almost).

There is no special process for making contributions to the plan.  Since you are the plan administrator and trustee, you just need to make deposit(s) by the appropriate deadline.

You should make the deposit from your business bank account for proper bookkeeping.

There is no plan level reporting required for the contribution event.  You will want to have a record of your contributions to use when you file your tax returns.

If your total plan value exceeds $250,000 and your plan is therefore required to file IRS form 5500-EZ, then you will need to know the total amount of both employee and employer contributions made during the year, so keep a record to make your filing process easy.

The primary reporting for contributions will be on your business and personal tax returns.

10 – Special Considerations for new Plans

Prior to passage of the SECURE Act in December of 2019, you had to open your Solo 401(k) plan by December 31st of the tax year in order to contribute for that year.

Starting in 2020, that changed.  You can now open your Solo 401(k) up until the tax filing deadline of your business, including extensions.

There is one catch, however.  You can only fund such a new plan created after year-end with employer profit-sharing.  The plan cannot accept employee contributions for the prior tax year.

Consult with your Tax Professional

When it comes to plan contributions, your self-directed Solo 401(k) is no different from a conventional Solo 401(k) limited to investing in stocks and funds.  Most any qualified CPA who deals with small businesses will be familiar with contribution rules and calculations.

If you have questions about designing the best contribution strategy, determining the maximum amount you can contribute, or reporting, please work with your licensed CPA or other tax professional.

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TESTIMONIALS

What our clients says about us

Worked with Safeguard to set up a self-directed IRA. VERY helpful and thorough through the whole process. Appreciated the professionalism and knowledge as we talked about the many questions we had. Would highly recommend Safeguard as a place to do business!
Bruce B.
– Fishers, Indiana
I got a lot of important information about the industry and the benefits of going with a Company like Safeguard Advisors. I liked the reduced expenses and the freedom to have more control over the process. Ultimately it was the professionalism, thoughtfulness and care exhibited by all the employees involved in the onboarding process. I look forward to having the resources available to me with my investments and highly recommended this service.
Jeff M.
– Corona, California
Thank you for helping me setup my SDIRA. I knew establishing one was the best thing I could do to accelerate my retirement portfolio. You gave me the confidence to pull the trigger knowing I had the right team working for me!
Todd L.
– San Jose, California
I set up my plan for a Self-Directed IRA with Safeguard and am very happy with the service I received. They were very helpful at every turn and always there to help if needed. My advisor explained things so even the most unfamiliar customer could understand the plan and process with ease. I would recommend this company very highly. I think they are a very professional outfit and truly do have the best interest of their clients in mind.
Lief J.
– Lakewood, Colorado
I can’t explain how excited I am regarding this investment strategy. I’ll be 50 in a few months, and a year ago my idea of planning for retirement had many “what ifs”. This has opened the door to a better path of retirement planning on the investment side than I have ever seen. By the way, I have a Bachelor’s degree in finance with an emphasis in investment. They never taught this.
Doug R.
– St. Louis, Missouri
Safeguard is great! Highly recommend them. Very efficient and knowledgeable. Excellent customer service. Answered all my questions quickly and expertly.
Lance R.
- Fulshear, Texas
Safeguard Advisors provided excellent service and an excellent product. They were prompt, courteous, knowledgeable, and professional in all points of contact. I highly recommend them if you are considering a checkbook IRA.
Cheryl N.
- Lexington, Virginia
I set up a self directed IRA with Safeguard and the entire process could not have been easier. They guided me every step of the way and were always available to answer any questions I had. I highly recommend Safeguard!
Allan E.
- Bristol, Wisconsin
"It has been a pleasure working with Safeguard Advisors. They have been prompt, professional, courteous, informative and spot on regarding the setup of my Checkbook IRA. Follow up communications have been quick and extremely helpful. I can’t recommend Safeguard Advisors highly enough."
Jeff R.
- Birmingham, Alabama
" As usual, even greater concentration of pertinent info than I hoped for. Much appreciated and very helpful."
David M.
- Longwood, Florida
" Thanks. I love working with people who do what they say they are going to do!"
David H.
- Ormond Beach, Florida
It took me 2 years to make the plunge and get started with a self-directed IRA, but Safeguard made it easy! I was rolled over and invested in an apartment complex in less than a month even while I was overseas.
Joshua L.
- Eagle River, Alaska
" You assisted me with setting up a self-directed IRA in early 2019. I know I mentioned it at the time, but I still think it was one of the most positive professional experiences I’ve ever had. Everything was very well-organized and you and your team were incredibly responsive! "
Andrew M.
- Pittsburgh, Pennsylvania
" I want to thank you for your support, help and guidance in this endeavor. I invested $400,000 in purchasing rental properties. Over the years I collected around $600,000 in rent and then sold the properties for $1.5 million. I just wanted to share my success story and thank you for your help. "
Ron M.
- San Diego, California
FAQ

Quick answers to common questions

General
Compliance
Mechanics
How Do I Get Started?

We’ll take you through a simple, step by step process designed to put your investment future into your own hands…immediately. Everything is handled on a turn-key basis. You take 100% control of your Retirement funds legally and without a taxable distribution.

Is It Legal to Invest Retirement Funds into Alternative Assets Like Real Estate?

YES! In 1974, Congress passed the Employee Retirement Income Security Act (ERISA) making IRA, 401(k) and other retirement plans possible. Only two types of investments are excluded under ERISA and IRS Codes: Life Insurance Contracts and Collectibles (art, jewelry, etc.). Everything else is fair game. IRS CodeSec. 401 IRC 408(a) (3)

Why Haven’t I Heard About This?

It’s actually pretty simple. Early on, regulators let the securities industry take the lead in educating the public about retirement accounts. Naturally, brokers and banks promoted stocks, bonds, and mutual funds—giving the impression that those were the only allowed investments. That was never true... and still isn’t. You can probably guess why they kept the rest under wraps.

What types of retirement accounts am I able to use?

It is possible to use funds from most types of retirement accounts:

  • Traditional IRA
  • Roth IRA
  • SEP IRA
  • SIMPLE IRA
  • Keogh
  • 401(k)
  • 403(b)
  • Profit Sharing Plans
  • Qualified Annuities
  • Money Purchase Plans
  • and many more.

It must be noted that most employer sponsored plans such as a 401(k) will not allow you to roll youraccount into a new Self-Directed IRA plan while you are still employed. However, some employers will allow you to roll a portion of your funds. The only way to be completely sure whether your funds are eligible for a rollover is by contacting your current 401(k) provider.

Do I Qualify for a Solo 401(k)?

A Solo 401(k) requires a sponsoring employer in the format of an owner-only business. If you have a for-profit business activity – whether as your main income or as a side venture – and have no full-time employees other than potentially your spouse, your business may qualify. The business may be a sole-proprietorship, LLC, corporation or other entity type.

What is a self-directed Retirement Plan?

A self-directed retirement plan is a type of IRA or 401(k) that gives you greater control over how your retirement funds are invested. Unlike traditional accounts held at banks or brokerage firms that limit you to stocks, bonds, and mutual funds, self-directed plans allow you to invest in a wide range of alternative assets including real estate, private businesses, precious metals, cryptocurrency, and more.

These plans still follow the same IRS rules and maintain the same tax-deferred or tax-free benefits as conventional retirement accounts. The difference is simply in how and where you choose to invest.

Are There Taxes for Converting to a Self-Directed Plan?

No. Moving to a self-directed IRA or Solo 401(k) does not trigger any taxes, as long as your funds are eligible for rollover.

Self-directed retirement plans maintain the same tax-advantaged status as traditional plans offered by banks or brokerage firms. The key difference is flexibility—our plans are designed to give you greater control and allow for a wider range of alternative investments beyond stocks, bonds, and mutual funds.

Specifically, what are prohibited transactions?

A prohibited transaction is any action between your retirement plan and a disqualified person that violates IRS rules and can lead to serious tax consequences. Under IRS Code 4975(c)(1), prohibited transactions include:

  • Selling or leasing property between your plan and a disqualified person Example: Your IRA cannot purchase a property you already own.
  • Lending money or extending credit between the plan and a disqualified person Example: You cannot personally guarantee a loan your IRA uses to buy real estate.
  • Providing goods or services between your plan and a disqualified person Example: You can’t use your personal furniture to furnish a rental property owned by your IRA.
  • Using plan income or assets for the benefit of a disqualified person Example: Your IRA cannot buy a vacation home that you or your family use.
  • Self-dealing by a fiduciary (using plan assets for their own benefit) Example: Your CPA shouldn't loan your IRA money if they’re advising the plan.
  • Receiving personal benefit from a deal involving your IRA's assets Example: You can’t pay yourself from profits your IRA earns on a rental.

If a transaction doesn’t clearly fall within the allowed guidelines, the IRS or Department of Labor may review the situation to determine if it qualifies as a prohibited transaction.

Who are Disqualified Persons?

Disqualified persons are individuals or entities that are prohibited from engaging in certain transactions with your IRA or 401(k). Doing so could trigger a prohibited transaction, which may result in taxes and penalties.

Here’s who is considered a disqualified person:

  • You (the account holder)
  • Your spouse
  • Your parents, grandparents, and other ancestors
  • Your children, grandchildren, and their spouses
  • Any advisor or fiduciary to the plan
  • Any business or entity owned 50% or more by you or another disqualified person, or where you have decision-making authority

These rules exist to prevent self-dealing and ensure your retirement plan remains in compliance with IRS regulations.
(Reference: IRC 4975)

How do I make sure I am following the rules?

Understanding and following these rules can be tricky, but it’s very doable. The best way to stay compliant is to work with professionals who specialize in self-directed retirement plans. They can help you navigate IRS guidelines and avoid prohibited transactions.

What are the consequences of a prohibited transaction?

If an IRA holder is found to have engaged in a prohibited transaction with IRA funds, it will result in a distribution of the IRA. The taxes and penalties are severe and are applicable to all of the IRA’s assets on the first day of the year in which the prohibited transaction occurred.

Are there limits to the investments I can make?

Yes. While self-directed retirement plans allow for a wide range of investments, there are a few important restrictions.

You cannot invest in collectibles or life insurance contracts, and you must avoid prohibited transactions—activities that benefit you personally rather than the retirement plan. These include things like buying or selling property to yourself or family members, using plan assets for personal gain, or self-dealing in any way.

Violating these rules could cause your entire IRA to lose its tax-advantaged status. To protect your account, it’s essential to work with professionals who understand IRS regulations and can help you stay compliant.

My CPA or Financial Advisor says this is illegal. Why?

This is a common misconception. In many cases, professionals may simply be unfamiliar with self-directed retirement plans, as they fall outside their usual scope of work. CPAs and tax preparers are trained to file taxes, not necessarily to advise on alternative retirement strategies. Financial advisors and brokers often work for firms that focus on traditional investments like stocks and mutual funds—and may not benefit from or support alternative options like real estate or private lending.

Self-directed retirement investing is legal under IRS rules—but like any specialized area, it requires working with professionals who understand how it works.

Why are these rules considered to be complex?

The IRS has rules in place to make sure your IRA is used only for the exclusive benefit of the retirement account—not for personal gain or to help family members. These rules can get complicated because there are many ways a conflict of interest can occur, even unintentionally.

For example, if your IRA buys a house and rents it to your mother, you might be reluctant to evict her if she stops paying rent. That emotional connection creates a conflict between what’s best for your IRA and your personal relationships, something the IRS aims to prevent.

These rules help ensure your retirement account stays compliant and protected. (See IRC 408)

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