Rolling Old 401k Plans or IRAs into Your Small Business 401k Plan
Table Of Contents
By Jason Watson, CPA
Posted Saturday, September 28, 2024
Other benefits of having a 401k within your business include being able to consolidate other plan assets such as profit sharing, money-purchase plans, traditional IRAs and SEP IRAs into your 401k plan. You can gain some elegance with this- for example, often times your IRA will have both deductible and non-deductible contributions. You could roll the deductible contributions into your solo 401k plan and roll the non-deductible contributions into a Roth IRA or Roth 401k (a Roth conversion). No, Roth IRAs cannot be rolled into your 401k unless the 401k has a Roth option.
Another benefit comes from backdoor Roth conversions. When converting a non-deductible IRA contribution to a Roth IRA, all your IRAs are considered even the pre-tax (deductible) ones. Your conversion is subject to “pro-rata” rules which is summarized by SmartAsset.com as “if your traditional IRA contains both pre-tax (deductible) and after-tax (non-deductible) contributions, the Pro-Rata rule dictates that your Roth conversion will be taxed proportionate to your pre- and post-tax percentages.”
Therefore, a solution is to take all your pre-tax IRA contributions and roll them into your solo 401k plan. This leaves only the after-tax contributions behind which can then be converted to Roth without tax consequences.
Some words of caution. Rolling old IRAs and such into your shiny new self-employed 401k plan might not be the best idea. In some cases, the rollovers will be captive or trapped in the 401k plan. For example, let’s say you have a $50,000 IRA and you move it into your 401k. Two years later you have a crisis and need to access the $50,000. Your 401k plan might not allow you to withdraw this money without a hardship provision, have an in-service rollover or allow loans against the plan assets. These features, or some would say are poorly documented limitations, vary among plan providers.
Another concern is the filing of a 5500-EZ tax form. This is not a massive problem, but once your 401k plan reaches $250,000 in plan assets, you must file a 5500-EZ each year.
Also, 401k plans (beyond the solo 401k plans) might have higher fees and fewer options. In our observation, many 401k plans have an annual asset management fee of 1.5% to 3.0% of assets, whereas most IRAs (and solo 401k plans) operate for less than 1.5% annually. There are kickbacks from the asset managers to the 401k plan administrators which is why you see some administrators like Wells Fargo offering free 401k plans.
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We see far too many crazy schemes and half-baked ideas from attorneys and wealth managers. In some cases, they are good ideas. In most cases, all the entities, layering and mixed ownership is only the illusion of precision. As Chris Rock says, just because you can drive your car with your feet doesn’t make it a good idea. In other words, let’s not automatically convert “you can” into “you must.”
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I Just Got a Rental, What Do I Do?
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- Chapter 1 Introduction
- Why Invest Into Rental Properties
- Real Estate and Rental Properties as a Business
- Basic Business Entities For Real Estate Investment
- Sole Proprietorship
- Single-Member Limited Liability Company (SMLLC)
- LLC Benefits For Rental Properties
- Multi-Member Limited Liability Company (MMLLC)
- Limited Liability Partnerships (LLP) and General Partnerships (GP)
- Benefits of Rental Property In Partnership Entities
- Downsides Of Rentals In Partnerships
- Summary Of Rental Properties In Partnerships
- C Corporations
- Rental Property In C Corporations
- S Corporations
- Pass-Through Versus Disregarded Entity Taxation
- Your Spouse As A Business Partner (Happy Happy Joy Joy)
- Owning A Rental Property With Others
- Real Estate Investing With Family Partners
- Real Estate Holding Company and Operating Company
- Pure LLC Holding Company Info
- Chapter 1 Frequently Asked Questions
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- Chapter 2 Introduction
- Economic versus Equity Interests
- Structuring Real Estate Deals with Angel Investors
- Loans or Capital Injections
- Multi-Entity Rental Property Tiered Structure
- Using a Trust In Your Real Estate Holding Company
- Operating Agreements For Real Estate Partnerships
- Real Estate Succession Planning
- Fallacy Of A Nevada LLC (or Delaware, or Wyoming, or wherever!)
- Liability Protection Fallacy Of An LLC
- Charging Orders
- Using A Self-Directed IRA Or 401k To Buy A Rental Property
- Trapped Rental Assets In An S Corporation
- Chapter 2 Frequently Asked Questions
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- Chapter 3 Introduction
- Getting The Rental Business Launched
- Furnishings And Supplies
- Start-Up Expenses Spread Across Two Years
- Rental Property Acquisition Costs
- Real Estate Asset Setup On Your Tax Returns
- Closing Disclosure Items
- Rental Property In Service Defined
- Converting Primary Residence To A Rental
- Moving Your Rental Property Into An LLC
- Chapter 3 Frequently Asked Questions
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- Chapter 4 Introduction
- Three Types of Income
- Passive Activity Loss Limits
- Passive Income Generators (PIG)
- Your Small Business As A Passive Income Activity
- Rental Property Tax Strategy
- Rental Property Tips, Tricks, And Hacks
- Schedule C Versus Schedule E
- Vacation Home Rules
- Personal Use Of Your Short-Term Rental
- State Problems With Your Rental Property
- Filing State Tax Returns With Your Rental Property
- States With Extra Rental Tax Complexity
- Chapter 4 Frequently Asked Questions
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- Chapter 5 Introduction
- Material Participation Rules
- Material Participation Audit Tests
- IRS Can Use Material Participation Tests Against You As Well
- Material Participation- Selection and Acquisition
- Material Participation- STR Acquisition Wrinkle
- Material Participation- Pre-Opening
- Material Participation- Renovations
- Material Participation- Normal Operations
- Material Participation- Travel Time
- Material Participation- Hours That Do Not Count
- Material Participation Executive Summary
- Material Participation Time Examples
- How To Materially Participate With A Property Manager
- The Overlooked SPA Material Participation Test
- Material Participation in a Partnership
- Material Participation Time Logs
- Regulations 1.469-9(g) Election For REPS
- Regulations 1.469-4 Election
- Material Participation Frequently Asked Questions
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- Chapter 6 Introduction
- Cost Segregation Study
- Cost Segregation Mechanics
- Do It Yourself Cost Segregation Study
- Pushing Your DIY Cost Seg Envelope
- Cost Segregation Cash Flow Play
- Cost Segregation Pitfalls
- Cost Segregation On Mid-Year Conversions
- Cost Segregation Summary
- Retroactive Look-Back Cost Segregation Study
- Section 179 Or Bonus Depreciation
- Opted Out of Bonus Depreciation
- Cost Segregation Frequently Asked Questions
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- Chapter 7 Introduction
- Short-Term Rental (STR) Loophole
- Computing Average Guest Stay
- What Time Counts for STR Material Participation
- Short-Term Rental Material Participation Tests
- Cannot Group Short-Term Rentals With Other Rentals
- Short-Term Rental (STR) Time Logs
- Converting Basement, Garage Or ADU Into An STR
- My Business Rents My Short-Term Rental
- My Business Rents My Long-Term Rental
- Arbitrage Of Converting STR To Second Home
- Additional Short-Term Rental Loophole Considerations
- Owners Only Stuff
- Renting Recreational Equipment Alongside Your Rental Property
- Short-Term Rental Loophole Summary
- Short-Term Rental Loophole Frequently Asked Questions
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- Chapter 8 Introduction
- Real Estate Professional Status (REPS)
- Quick Preview Of Qualifying As Real Estate Professional
- Passive Activity Losses Revisited For REPS
- Material Participation Revisited For REPS
- What Hours Can You Count for REPS
- REPS Pitfall With Short Term Rentals
- REPS Pitfall With Material Participation
- Other Pitfalls With Real Estate Professional Status
- IRS Audit Questions For Real Estate Professional Status
- Strategies For REPS
- Tax Court Cases for Real Estate Professional Status (REPS)
- Real Estate Professional Status Frequently Asked Questions
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- Chapter Introduction
- Five Basics to Warm Up To
- Value of a Rental Property Tax Deduction
- Rental Property Tax Deductions Themes
- Section 199A Rental Property Deduction
- Common Rental Property Tax Deductions
- Splitting The Rental Property Baby
- Allocation of General Rental Expenses
- Rental Property Travel Deductions
- Rental Property Meals
- Mortgage Interest Tracing
- Acquisition Costs (revisited)
- Rental Property Repairs Safe Harbor (revisited)
- Repairs Versus Improvements (revisited)
- Rental Property Depreciation (revisited)
- Automobile Deductions with Rentals
- Buying A Car For The Rental Property
- Automobile Decision Tree
- Home Office Deduction
- Paying Your Children From The Rental
- Real Estate Education Expenses
- 185 Rental Property Tax Deductions You Cannot Take
- Deductions the IRS Cannot Stand
- Cohan Rule For Rental Property Owners
- Reducing Taxes
- Rental Property Tax Deductions Frequently Asked Questions
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- Chapter 10 Introduction
- Improvement Versus Repairs
- Step 1 De Minimis Or Small Taxpayer Safe Harbor
- Step 2 Unit Of Property Analysis
- Step 3 Safe Harbor For Routine Maintenance
- Step 4 Betterment, Restoration And Adaptation
- Step 5 Restoration Guidelines (And The Wiggle)
- Common Repairs Versus Improvements Conundrums
- Rental Property Renovations (Rehab)
- Accelerated Depreciation and Section 179 Deduction
- Qualified Improvement Property (QIP)
- Partial Asset Disposition (PAD)
- Repairs and Improvements Frequently Asked Questions
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- Chapter 11 Introduction
- Allowed Versus Allowable Depreciation
- Capitalizing Construction Interest And Carrying Costs
- Selling Your Rental Property- Cost Basis And Recapture
- Selling Your Rental Property- The Allocation Game
- Selling Your Rental Property- Passive Losses And NIIT
- Selling Your Rental Property- Hybrid Or Mixed Use
- Selling Your Rental Property- Seller Financing And Installment Sales
- Selling Your Rental Property- 1031 Like-Kind Exchange
- Buying Out Your Real Estate Partner
- Idle Versus Vacant Rental Property
- Rental Is Vacant And Held For Investment Only
- Rental Is Vacant And Idle
- Rental Is Vacant And Temporarily Offline
- Rental Is Vacant And Withdrawn From Service (Use)
- Changing Depreciation Between 27.5 and 39.0 Years
- Chapter 11 Frequently Asked Questions




