Solo 401k
I have a client who has a Solo 401k. He recently sold his business (in 2025). He is age 56 and would like to take advantage of Rule of 55/Separation from Service to receive penalty-free distributions. Is this possible, or does he have to terminate the plan within a specific time period?
Permalink Submitted by Alan - IRA critic on Wed, 2025-05-07 18:04
He must file a 5500 to report plan termination and the plan cannot be left open to make annual distributions until age 59.5. Therefore, a total distribution must be made in a reasonable time and while it would be penalty free it would probably result in a marginal tax increase large enough to offset the benefit of the penalty waiver because the total balance would be taxable in a single year.
To avoid that, he could distribute the plan with a portion going to him, and the rest in a direct rollover to an IRA, but the penalty would only be avoided in the year that the total distribution was made.