Solo 401(k) Eligibility
A Solo 401(k) plan is an employer sponsored retirement savings plan that is designed specifically for owner-only businesses. The lack of non-owner employees greatly simplifies the administration of the plan, and is a key part of what makes the Safeguard Solo 401(k) a great self-directed investing platform.
Many kinds of businesses can act as a plan sponsor, including those established as a sole proprietorship, LLC, partnership, or corporation. The enterprise needs to be engaging in a trade or business, with the intent to generate a profit, and have the potential to make future contributions to the plan.
Examples include:
- Independent Consultants
- Real Estate Agents
- Real Estate Developers/Flippers
- Professional service providers such as Attorneys, CPAs, Architects and Medical Practitioners
- Financial Advisors & CFP’s
- Boutique Retailers without employees
- Internet based sales or services businesses
- Physical Fitness Trainers, Coaches or Therapists
- Child or Adult Care Providers
- And many, many more.
Only active business endeavors such a providing a product or service are eligible. Passive earnings such as rental income or K-1 distributions are not viewed as wages, compensation, or self-employment income, and therefore cannot be used to make 401(k) contributions.
There are no business income requirements, so long as your business is actively engaged in a for-profit enterprise. Many start-up businesses establish a 401(k) plan as a means to attract and retain quality employees, even though they may not be profitable in the early stages. Of course, if the business turns out not to be profitable over time, then the business will shut down and the 401(k) will need to be terminated and rolled over to a suitable replacement such as an IRA based plan.
No Full-Time Employees
The Solo 401(k) can provide benefits to a business owner and their spouse, so long as the spouse is actively employed by the business. In order to sponsor the simplified Solo 401(k), however, there can be no non-owner employees of the business that work more than 1,000 hours per year (about 20 hours per week).
Your business can employee part-time workers, so long as no one employee exceeds a 1,000 hours of service per year threshold. Starting in 2021, part-time employees working at least 500 hours per year in 3 consecutive years will qualify for plan participation. The first year this will really have an impact on Solo 401(k) eligibility will be 2024.
1099 contractors are not viewed as employees, and do not impact plan qualification. You do need to be sure that a person providing services to your business legally qualifies as an independent contractor per your state laws, and should not be considered a true employee of the business.
Certain types of union employees and non-resident alien employees can be excluded from plan participation and may not affect plan qualification.
Employees under the age of 21 may be excluded from participation.
No Employees in Other Businesses
If you have a business that fits the qualification guidelines for Solo 401(k), you may not be eligible, however, if you or certain family members have ownership in other businesses that do have employees. The IRS defines a Controlled or Affiliated Service Group. If the same 5 or fewer owners have either 80% ownership or more than 50% effective control of one or more businesses, then those businesses are looked at as being one for purposes of plan qualification. If any business within such a group has employees, then all businesses within the group are treated as if they have employees.
Both an Employee and Self-Employed
You can be an employee of a business and also be separately self-employed. In this case, you are still eligible to establish a Solo 401(k) for your own business, even if you may also be participating in a 401(k) or other retirement plan through your primary employment. In such cases, your ability to make employee contributions will be capped at the overall limit of $20,500 if you are under age 50 or $27,000 if you are 50 or older. Your business that sponsors the Solo 401(k) can make a profit sharing employer contribution up to the plan maximum, independent of the other employer plan, however.
Multiple-Employer Plans
In some cases, you and/or your spouse may have multiple different businesses that create self-employment income. A Solo 401(k) plan can be configured with multiple participating employers. This can allow for the combination of income streams for making plan contributions, or as a means to fold a husband & wife with separate businesses into the same plan.
Some Examples
YES - Alexis is a therapist and operates as a sole proprietor.YESMike works for a large technology company as an employee. He also has a side business as an engineering consultant, which he runs as a LLC. Mike’s LLC can sponsor a Solo 401(k) plan.
YES - Antonio and his wife Marie are both realtors and operate as sole proprietors. Both of their businesses can co-sponsor a single Solo 401(k) plan.MAYBEJessica and Samuel run a small resort with a few rental cabins and operate it themselves for much of the year. During the peak summer season, they hire some part-time employees to help. None of these employees work more than 1,000 hours.
Starting in 2021, long-term part-time employees working at least 500 hours per year for a period of 3 years will be eligible to participate in an employer 401(K). As of 2024, Jessica and Samuel may not qualify for a Solo 401(k) if they have employees working less than 1,000 hours in any given year, but at least 500 hours per year in 3 straight years starting in 2021.
YES - Cynthia has an S-Corporation that she uses to flip houses. Her husband James has a full time job, but does the bookkeeping and provides other administrative help for Cynthia’s business, and she pays him a small salary. Cynthia’s corporation can establish a Solo 401(k) and James can participate in the plan.
YES - Jose operates a construction and remodeling company as a LLC and is the sole owner/employee. He occasionally hires sub-contractors to work on projects and pays them on a 1099 basis. He can setup a Solo 401(k).
NO - Ivan is an independent realtor. He also owns a property management company and has 2 employees to help with administration and maintenance. As a realtor, he could sponsor a Solo 401(k), but his ownership in the property management company prohibits him from doing so.
NO - Susanna and Johan are doctors, and have a partnership for their practice. Johan’s wife owns a separate corporation that provides administrative and billing services to their practice and has 2 full time employees. While their partnership would qualify, they cannot establish a Solo 401(k) plan because of the related business with employees.
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Quick answers to common questions
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.
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)
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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)
Yes. Most tax-deferred retirement accounts—such as Traditional IRAs, old 401(k)s, 403(b)s, and TSPs—can be rolled over into a self-directed IRA or Solo 401(k), depending on your eligibility. Roth IRAs cannot be rolled into these accounts.
You can contribute directly from earned income, subject to annual IRS contribution limits. The method and amount depend on the type of plan you have (e.g., Solo 401(k) vs. IRA).
To take a distribution, you'll request funds through your custodian or plan administrator. Distributions may be taxable depending on your account type and age. Early withdrawals may be subject to penalties.
For 2025, the Solo 401(k) max contribution limit is $81,250 if age 60-63, $77,500 if age 50-59 or 69+, and $70,000 if under 50. Traditional and Roth IRAs have a limit of $7,000 ($8,000 if age 50+). Limits are subject to IRS adjustments.
Yes. IRA contributions are typically due by your personal tax filing deadline (e.g., April 15). Solo 401(k) contributions follow your business tax filing deadline, including extensions.
IRS reporting requirements vary depending on the type of self-directed retirement plan you have. Here’s a quick breakdown of what you need to know
Please note: Our team can help you understand what’s required for your specific account, but we don’t provide tax or legal advice. We always recommend working with a qualified tax professional to ensure full IRS compliance.
Self-Directed IRA (Traditional or Roth)
- Form 5498 – Filed by your custodian each year to report contributions, rollovers, and the fair market value (FMV) of your account.
- Form 1099-R – Issued if you take a distribution or move funds out of your IRA.
- Annual Valuation – You'll need to provide updated FMV for any alternative assets held in the account, such as real estate or private placements.
Solo 401(k)
- Form 5500-EZ – Required if your plan assets exceed $250,000 as of year-end. Must be filed annually by the plan participant.
- Form 1099-R – Required if you take a distribution or roll funds out of the plan.
- Contribution Tracking – Keep records of employee and employer contributions. These are not filed with the IRS but may be needed for tax reporting or audits.
SEP IRA
- Form 5498 – Filed by your custodian to report contributions and FMV.
- Form 1099-R – Filed by your custodian. Issued for any distributions.
- Employer Contributions – Must be reported on your business tax return (and on employee W-2s, if applicable).
Health Savings Account (HSA)
- Form 5498-SA – Filed by your HSA custodian to report contributions.
- Form 1099-SA – Filed by your HAS custodian. Issued for any distributions.
- Form 8889 – Must be included with your personal tax return to report contributions, distributions, and how funds were used.
