QUESTION: Can you advise if I can take
taxable distributions from the residual amount left in the Self-Directed Solo 401k Trust account after the Solo 401k loan was initiated and has
begun repayment? All my SEP IRA amounts were rolled into the Solo 401k
Trust and no employer contributions have been added.
ANSWER:
Note that you can distribute any IRA or qualified funds that you have
transferred/rolled over to solo 401k plan. Note however that the Solo 401k plan document does not allow
for distributions of any amounts that you have contributed to the Solo 401k plan
this year based on self-employment income as you must be age 59 ½ to so.
QUESTION: If I can
process Solo 401k distribution, is
there anything special I need to do or document? I fully realize the IRS
penalties that exist with distributions before 59 ½; however, I believe I
cannot qualify for the hardship provisions in the plan doc.
ANSWER:
Solo 401k distributions are reported
on Form 1099-R; we will issue Form 1099-R to you in January, which you will
need to file with your annual tax return by your due date plus extensions.
Further, a mandatory 20% federal tax must be taken upfront from your
distribution and submitted electronically to the Department of The Treasury by the
15th of the month following the date of distribution. So, for example,
if you process a self-directed Solo 401k distribution in November, the 20%
withheld for federal tax must be submitted to the Treasury by December 15.
Lastly, not all Solo 401k providers will prepare the Form 1099-R, in which case
your accountant will need to do so.
Thank you for your
assistance.
RJ
No comments:
Post a Comment