Nuts & Bolts: Solo 401(k)s and SEP IRAs

What advisers need to know about Solo 401(k)s and SEP IRAs.

For self-employed individuals, freelancers, and small business owners without full-time employees, securing the right retirement plan can be challenging. Two popular options are often put up by plan providers: the Solo 401(k) and the Simplified Employee Pension IRA.

Eric Droblyen, president and CEO at Employee Fiduciary, LLC, says 401(k) plans are becoming more versatile, including for this self-employed workforce, because of new rules being implemented from Secure 2.0.

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“Secure 2.0 allowing for the Rothification of employer contributions is useful because a lot of people can now use a solo 401(k) to do a mega backdoor Roth with voluntary contributions,” he says, referring to a strategy to make after tax account investments. “401(k) plans in general are just getting a lot more flexible. And the SEP IRAs are really just a conduit for making IRA contributions.”

Below are breakdowns of the two offerings.

Solo 401(k)

A Solo 401(k), also known as a one-participant 401(k), allows for high contribution limits and offers significant flexibility in terms of plan design.

“They’re basically a 401(k) plan that just covers owners and their spouses,” Droblyen says. “Because they don’t cover any non-owners, they’re not subject to a lot of the annual administration requirements that a 401(k) plan typically has to complete testing.”

Because the plan only covers the business owner and spouse, it is exempt from nondiscrimination testing and top-heavy rules, making administration easier. Moreover, if the plan’s assets are under $250,000, there is no need to file a Form 5500.

Another benefit of a Solo 401(k) is its generous contribution limit. In 2024, participants can contribute up to $69,000, with an additional $7,500 catch-up contribution for those aged 50 or older, the IRS stated. Solo 401(k) plans also provide flexibility in contribution choices, offering both pre-tax and Roth options.

However, there are some restrictions. Solo 401(k) plans lose their status if the business hires full-time employees other than the owner or spouse, triggering the need to comply with more complex 401(k) regulations.

SEP IRA

The SEP IRA is another popular retirement savings plan for self-employed individuals, freelancers, and small business owners. The SEP IRA typically requires minimal paperwork, making it a cost-effective option for entrepreneurs. Recordkeeping fees are generally lower for SEP IRAs compared to Solo 401(k)s.

“For SEP there’s no employee contributions allowed,” Droblyen says. “Everybody has to get the same rate. You can’t have loans. There’s just a way for an employer to contribute to an IRA on behalf of the employee.”

In a SEP IRA, contributions must be made for all eligible employees, and each employee must receive the same percentage of compensation as the employer. This makes the SEP IRA a more straightforward plan for business owners with employees compared to the Solo 401(k), which is limited to business owners without full-time staff. Droblyen notes that a SEP IRA, however, can become very costly for employers.

“A big drawback with SEP is you have to allocate the same contribution rate for everybody,” he says. “If the owner wants a 20% contribution, they’d have to allocate a 20% contribution to the other participants, and that could get expensive.”

The SEP IRA also allows for significant contributions. According to the IRS, in 2024, SEP IRA contributions can be made up to 25% of net income or $66,000, whichever is lower. 

Choosing a Plan

When choosing between these two plans, For Us All offered a few key factors to consider. The Solo 401(k) offers more flexibility in terms of contribution types and higher limits, making it ideal for high earners who want to maximize their retirement savings. It’s also a good choice for business owners who do not plan to hire employees, as the plan’s simplicity and lack of complex Internal Revenue Service testing requirements make it easy to manage.

The SEP IRA is simpler to set up and administer, making it a good option for entrepreneurs who prioritize ease of use and lower administrative costs. It’s also a better choice for business owners with employees or those who plan to expand their business in the future. Since the SEP IRA allows contributions for employees, it provides an easier solution for growing businesses.

Both plans come with favorable tax advantages. Contributions to a Solo 401(k) or SEP IRA are generally tax-deductible, reducing the business owner’s taxable income for the year. Additionally, both plans have deadlines tied to tax filings, giving business owners flexibility in deciding when to establish and contribute to their plans. The SECURE Act extended the deadlines for both plans, allowing business owners to adopt a Solo 401(k) or SEP IRA up until their tax filing deadline, including extensions.

Ultimately, the choice between a Solo 401(k) and a SEP IRA will depend on the business owner’s income level, business structure, and future growth plans. High earners who want maximum flexibility and the ability to contribute both as employees and employers may find the Solo 401(k) more beneficial. On the other hand, those seeking a simpler, low-maintenance retirement plan, especially if they have employees, may prefer the SEP IRA.

 

New Retirement Income Solutions Developing for QDIA Integration

An ERISA Advisory Council meeting introduced strategies to incorporate retirement income solutions into qualified default income alternatives.

An ERISA Advisory Council meeting held on Tuesday detailed new approaches to integrate retirement income solutions with qualified default investment alternatives, with the goal of providing plan sponsors a wider range of options to help participants secure steady income in retirement.

The meeting came after the advisory council voted in May to focus attention on issues related to QDIAs and welfare plan claims and appeals. The council studies issues related to the Employee Retirement Income Security Act and makes recommendations to the Employee Benefits Security Administration, as per the council’s mandate from the Department of Labor.

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Jack Towarnicky, an ERISA and employee benefits compliance and planning attorney with the Koehler Fitzgerald LLC law firm, said the council is studying the effectiveness of QDIAs in both the accumulation and decumulation phases of retirement.

“This week, we see witness testimony that confirms the current market QDIA offerings, including those that incorporate insured or pooled lifetime income components, as well as QDIA offerings currently in development,” he said.

Retirement experts speaking on the first of a three-day series of sessions discussed different product offerings to show how defined contribution in-plan annuity options are currently being offered. They also provided written testimony of their findings to EBSA.

Embedded Annuities

Beth Halberstadt, a senior partner in and the U.S. defined contribution investment leader at Aon, outlined DC investment offerings from TIAA that embed annuities into retirement plans using two key approaches. The first, TIAA RetirePlus, is available exclusively to plans managed on TIAA’s recordkeeping platform, she explained. It allows plan sponsors or outside fiduciaries to construct diversified investment models, including a mix of asset classes such as fixed-income options, and incorporates TIAA’s traditional annuities as part of the fixed-income portion.

Halberstadt explained that when using the offering, a plan sponsor or an outside fiduciary would create set investment models diversified across several asset classes from the funds that are being offered in the plan.

“Sometimes we call those model portfolios, but it’s an asset allocation methodology,” she says. “TIAA annuities, investment option, the fixed-income option or other TIAA annuities are incorporated into those models as one of the fixed-income asset classes. For that solution, TIAA is not a fiduciary; they’re just that platform provider.”

Another solution, the Nuveen Lifecycle Income Solution, is available to plans managed by either TIAA or third-party recordkeepers, Halberstadt noted. Delivered through a target-date-fund structure, this solution is housed within a collective investment trust vehicle. It includes a secure income account component, allowing participants to elect an annuity payout option upon retirement or maintain liquidity. Halberstadt emphasized that participants must actively choose the annuity payment option to receive a guaranteed income stream.

Insured QDIAs

Holly Verdeyen, a partner in and the U.S. defined contribution leader at Mercer, discussed how Pacific Life Insurance Co. is combining life insurance products with QDIAs, allowing for customizable retirement solutions. Verdeyen noted that Pacific Life chose not to delve into specific products for the council meeting, explaining intead how offerings could be integrated with QDIAs such as target-date funds, managed accounts and balanced funds.

“Instead of going through a variety of products that they offer, what they decided to do was talk about how their products could be used in combination with QDIAs to create a bunch of different features that the buyer could choose from in an institutional capacity,” she says.

By blending insurance products with institutional retirement offerings, Pacific Life provides sponsors with options to tailor retirement plans to meet participants’ specific income needs. Whether through retail or institutional channels, Verdeyen added, Pacific Life solutions can deliver more comprehensive retirement income planning.

These new combinations of annuity and life insurance products are designed to help participants achieve financial security by providing both flexibility and guaranteed income streams, she said.

The ERISA Advisory Council is a 15-member advisory panel appointed by the secretary of Labor in staggered three-year terms. Sessions will continue into Wednesday and Thursday.

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