Contributing Capital Gains Income to a Solo 401(k) and more | Client Q&A (2024)

  • October 5, 2020

Contributing Capital Gains Income to a Solo 401(k) and more | Client Q&A (1)

IRA Financial’s Adam Bergman answers questions about capital gains and the Solo 401(k), using a Roth IRA to start a business and buying company options with a Roth.

Question 1 from Terry O in Stockton, CA: Can I contribute capital gains income to a Solo 401(k) plan?

The answer to this one is no, you cannot contribute capital gains to a Solo 401(k). The simple fact is that it is not considered earned income. The only contributions that may be considered for any retirement plan is earned income, which is compensation for performing a service. Basically, it’s the salary you make from your job, or taxable self-employed income.

Capital gains income is considered passive income, in that you do not work for those funds. Other types of income that are not eligible for Solo 401(k) contributions include welfare, unemployment, stock dividends and rental income. Therefore, if all of your income is Schedule E (for example your income is solely from rental income), you would need to move some to Schedule C. You can treat those funds as management fees or other services. You can then use that income (and that income only) to fund your Solo 401(k) plan.

Question 2 from Judy W in Passaic, NJ: Can I use a Roth IRA to start a business and eliminate any potential tax from the business?

With tax rates expected to go up if Joe Biden wins the election, many people are looking to make moves now to avoid that extra tax. A Roth IRA allows you to fund a retirement plan with after-tax money and see tax-free income during retirement. Whether you directly contribute to the Roth or convert pretax funds, you pay taxes now, on a known, and possible lower, rate than it may be in the future.

But can you avoid the taxes from income a business earns by using a Roth. There are two things to consider. First, if you will be personally involved with the business, you cannot use your Roth. It’s a prohibited transaction because you, and not just the Roth IRA, will benefit from the investment. Secondly, if you own more than 50% of the business, you also cannot use the Roth.

However, you can invest in a business with your Roth IRA. Obviously, you cannot be actively involved with the business itself. It’s purely an investment. If the business does well, your investment will grow tax free. Further, the Roth should not own a large percentage of the business. For example, if you own 5%, that’s safe from an IRS perspective. However, if the IRS deems the Roth is there to help fund the business, it will be contested. You should ask yourself, will the business be fine without my IRA funds invested. If the answer is yes, you should probably be okay.

Question 3 from Adam T in Palo Alto, CA: I work at a growing start-up and have been granted options in the company – can I have my Roth IRA buy?

Many start-ups offer employees options to entice them to work there, and to keep working there. The option gives you the opportunity to buy stocks in the company at a very low price. Obviously, if the company grows and starts making lots of money, having stock in the company is a good idea. However, can your Roth IRA buy these options?

This is a tricky situation since the options were granted to you and not the Roth IRA. While you do earn the IRA, you must look it as a different entity. Technically speaking, the assets in the plan are not yours until you withdraw them. If you have a $1 million in an IRA, you don’t have a million dollars, your IRA does, until you distribute the funds.

You want to shift the right to buy the options to your Roth, which is a very risky proposal. You can be sure the IRS will scrutinize this, since they want to ensure you are not taking advantage of the system. One thing you may be able to do is, when presented with the options, tell your employer you would like the options for your Roth IRA. It’s still a risky proposition, but may have some merit.

AdMail – Keep it Coming

We hope you enjoyed the latest episode of AdMail. Mr. Bergman will continue to respond to questions each week so long there is a demand for them! If you have any questions for him, email him at [emailprotected].

As with his other podcasts, you can check out AdMail on SoundCloud. Be sure to subscribe to know when the next one pops up! Thanks for listening and have a great day, Self-Directed Nation!

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Contributing Capital Gains Income to a Solo 401(k) and more | Client Q&A (2024)

FAQs

Contributing Capital Gains Income to a Solo 401(k) and more | Client Q&A? ›

The answer to this one is no, you cannot contribute capital gains to a Solo 401(k). The simple fact is that it is not considered earned income. The only contributions that may be considered for any retirement plan is earned income, which is compensation for performing a service.

Do capital gains count as income for 401k? ›

Capital gains tax on 401(k)

When you withdraw the money in retirement, any contributions, earnings, and long-term capital gains are taxed as ordinary income. This means that, even though you defer paying tax on capital gains, you won't benefit from the lower long-term capital gains rate.

Does contributing to a Solo 401k reduce taxable income? ›

Contributions to a solo 401(k) are usually made with pre-tax dollars, which reduces your current taxable income. However, the tax treatment is different when you establish a Roth account. For this type of solo 401(k), you would pay taxes upfront on your contributions.

Can I contribute more than my earned income to Solo 401k? ›

The IRS allows you to funnel up to 100% of earned income into your solo 401(k) on a pre-tax or Roth basis – up to the annual contribution limits for 401(k)s and similar accounts. In 2023, the IRS permits you to save up to $22,500 in a 401(k) and $30,000 if you're age 50 or older.

Can you make a profit sharing contribution to a Solo 401k? ›

Note 1: With the passage of SECURE 2.0 Act on December 29, 2022, the employer/profit sharing contribution can now also be applied as a Roth solo 401k contribution or can continue to be made as a pretax contribution.

Can you avoid capital gains tax in 401k? ›

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

What income counts towards capital gains? ›

Capital gains taxes are levied on earnings made from the sale of assets like stocks or real estate. Based on the holding term and the taxpayer's income level, the tax is computed using the difference between the asset's sale price and its acquisition price, and it is subject to different rates.

What counts as earned income for solo 401k? ›

When figuring the contribution, compensation is your “earned income,” which is defined as net earnings from self-employment after deducting both: one-half of your self-employment tax, and. contributions for yourself.

How to report solo 401k contributions on tax return? ›

The actual contribution amount, calculated based on the reduced net profit, is reported on Schedule 1, Line 16 of your 1040 tax return.

What is the catch up contribution for solo 401k? ›

Solo 401(k) contribution limits

The total solo 401(k) contribution limit is up to $69,000 in 2024. There is a catch-up contribution of an extra $7,500 for those 50 or older.

What is the downside of a Solo 401k? ›

However, there are some downsides you should consider. Like most retirement plans, you'll get hit with taxes and fees if you withdraw the funds before the age of 59½. "One disadvantage is that you must have a triggering event, usually retirement or ending employment, to take a distribution," says deMauriac.

What is employer nonelective contributions to Solo 401k? ›

Employer nonelective contributions: As a business owner, you may also make employer contributions to your solo 401(k) plan. Your business can contribute up to 25% of your compensation. Your compensation is considered your net earnings minus one-half of your self-employment tax and your employee elective deferrals.

What is the maximum solok contribution? ›

The big draw of a solo 401(k) is the high contribution limit. For 2024, you can contribute up to $69,000, or $76,500 if you're 50 or older. For 2023, the limits were $66,000, or $73,500 if you're 50 or older.

What is the maximum salary for profit sharing contributions? ›

Contribution limits

The lesser of 100% of compensation or $69,000 for 2024 ($66,000 for 2023; $61,000 for 2022; $58,000 for 2021; $57,000 for 2020, subject to cost-of-living adjustments for later years).

Can an S-corp owner contribute to a Solo 401k? ›

➢ If your self-employed business is taxed as an S-Corporation, C-corporation, LLC taxed as S-corp/C-corp your ability to make Solo 401k contributions is based on the W-2 wages that you receive from your self-employed business eared income not your day-time job W-2 wages.

What is the difference between profit-sharing 401k and Solo 401k? ›

A Solo 401(k) is specifically designed for self-employed individuals or businesses with no full-time employees other than the owner and their spouse. In contrast, a profit-sharing plan is suitable for companies of any size, including those with many employees.

What counts as earned income for 401k? ›

Earned income includes all of the following types of income: Wages, salaries, tips, and other taxable employee pay.

Can capital gains be considered income? ›

Capital gains are generally included in taxable income, but in most cases, are taxed at a lower rate. A capital gain is realized when a capital asset is sold or exchanged at a price higher than its basis. Basis is an asset's purchase price, plus commissions and the cost of improvements less depreciation.

Do capital gains qualify as income? ›

Short-term capital gains are taxed at the same rate as your ordinary income. Meanwhile, long-term gains are taxed at either 0%, 15%, or 20%. The rate you pay is based on your taxable income. Just like with ordinary income tax rates, the higher your income, the higher your long-term capital gains tax rate.

Are capital gains considered investment income? ›

In general, net investment income includes, but is not limited to: interest, dividends, capital gains, rental and royalty income, and non-qualified annuities. Net investment income generally does not include wages, unemployment compensation, Social Security Benefits, alimony, and most self-employment income.

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