Max Retirement Account Contributions for Couples

The background (both are under age 50):
Husband owns his own business, and does not W2 himself, but rather he takes an owner draw weekly. His is a single member LLC. He gets a K1 from the LLC. The LLC does have one W2 employee. He’s been maxing out his Roth IRA for the past few years. He has no other retirement plans established for either himself or his business. Roth IRA worth approx $29,000 and adds $500/mo to it.

Wife is a W2 employee and participates in her company’s SIMPLE IRA. Her account has been growing for years and is about $179,000. She’s been adding 15% of her salary, approx $7,000 deferral, to this annually.

The Questions:
1) Can husband start a SIMPLE IRA with his company and because he does not W2 himself, would he then not be able to put away deferrals from his owner draw? Plus the match? (of course he would need to offer the SIMPLE IRA to his W2 employee(s) as well).
2) If he is able to start up a SIMPLE IRA for his company, can he contribute the max to that of $13,500 AND his $6,000 to his Roth IRA?
3) If he does start up a SIMPLE IRA, does that then count as “both having access to an employer work plan” and/or does that have anything to do with what he wife could do outside of her SIMPLE IRA?
4) For example, could she max out her SIMPLE IRA and contribute some or the max to a Roth?

Of course MAGI has to do with limits and contributions also (or at least deductibility of contributions). Need some help clarifying these rules.

What other suggestions would you have for them to put more away for retirement and save on current taxes. Of course the wife can put more in her SIMPLE IRA to max it out at the $13,500 for 2020.

An Individual(k) will not work for him as he has a W2 employee, and he does not want to be liable for a SEP contribution to the one employee with that type of plan.



  • If husband gets a Schedule K-1 from the single member LLC, the business is apparently an S corp (otherwise the business income and expenses would be reported on Schedule C of F of his individual tax return and there would be no Schedule K-1 from the LLC) and he is an employee of the S corp.  Since this is an S corp, the S corp is required to pay him a reasonable wage, reported on a W-2.  Taking an owner draw instead of the S corp paying him wages is improper and likely to raise the ire of the IRS.  https://www.irs.gov/pub/irs-news/fs-08-25.pdf
  • Husband’s contributions to a retirement plan of the S corp are based on the income reported on his W-2.
  • Without any W-2 reporting husband’s compensation, his Roth IRA contributions have been based on his wife’s compensation, not his own income, and filing a joint tax return.
  • It’s too late to set up a SIMPLE IRA plan for 2019.  He has until October 1, 2020 to set up a SIMPLE IRA plan for 2020 (assuming that the S corp did not previously have a SIMPLE plan).
  • With sufficient supporting compensation, husband’s and wife’s eligibility to contribute to a Roth IRA will depend on modified AGI for the purpose.  Elective deferrals to employer plans reduce available compensation.
  • If the S corp adopts a SIMPLE plan, matching contributions must be made for the other employee if the other employee makes elective deferrals (or a nonelective contribution must be made for all eligible employees).
  • Review IRS Pub 560 regarding SIMPLE IRAs and the definition of compensation from an S corp.

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