Changing Funded SEP to Solo K Mid- Year

Client started the year with his SEP IRA and funds it monthly. He is going to make more money this year, wants to contribute more into a retirement plan than the 25% of wages, without increasing his wages. Can I open a Solo K for him, stop making contributions to the SEP IRA, and have him fund the Solo K instead? Or since I started the year with the SEP and have funded it, am I stuck with the SEP for the entire year and can’t consider the Solo K until 2016? If I can do the Solo K for 2015, do I need to do a return of excess from the money he contributed to his SEP. Thank you for your help and expertise.



  • Client can change over to a solo K mid year, but the total increase in contributions cannot exceed the 18k elective deferral limit because the solo K profit sharing contributions come from the same net earnings as the entire SEP contribution. Total contribution limit is also subject to the 53k annual additions limit. Tax filing will also be somewhat more complex. The SEP contributions to date do not have to be returned unless he wants to in order to simplify tax filing.

 



The client is over 50.  I can then open his Solo K and fund it fully in employee deferrals at $24,000.  However if he wanted to do profit sharing into his 401k and he had contributed $3,000 to his SEP IRA during the year, the maximum he could do of profit sharing if his wages allowed it would be $26,000 ($53,000 – $24,000 employee defferals – $3,000 SEP IRA contributions), correct?  Do you know if a Solo K will allow for after tax Roth contributions as well as pre-tax traditional contributions?  Thank you Alan.  I always appreciate your expertise.



Since client is over 50, the total contributions for all plans is limited to 59k (the 6k catchup also increases the total to 59k). So the max for the 401k for all contributions including profit sharing would be 59k less 24k less 3k = 32k. A solo K can also include a designated Roth option, but some providers may not offer it.



Can I rollover the SEP IRA and combine it with the Individual K?  Or can I only roll it over to an TIRA?



It can be rolled into the solo K if the plan provisions include IRA rollovers.



Need to confirm that your SEP document doesn’t contain the common provision that it only “works” for a year in which it’s the only plan.Might be better off just calling the $3,000 already contributed a TIRA contribution for 2015 or better yet a SEP contribution for 2014?



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