An in-plan Roth rollover is the movement of assets from your existing Solo 401k to a designated Roth Solo 401k account within your existing Solo 401k plan. Note that a Solo 401k plan is also referred to as a self-directed 401k, individual 401k or Solo K.
In-plan Roth rollovers resulted from the enactment of the Small Business Jobs Act of 2010.
Allowing for in-plan Roth rollovers
Only Solo 401k plans like the one offered by Mysolo401k.net that have designated Roth account option are permitted to offer in-plan Roth rollovers.
Process of doing an in-plan Roth Rollover
There are two ways to do an in-plan Roth rollover:
Direct rollover—as trustee of the solo 401k plan, by internally transferring an eligible rollover distribution from the Solo 401k plan’s non-Roth account to a designated Roth account in the same solo 401k plan, or
60-day rollover—by taking an eligible Solo 401k rollover distribution from the Solo 401k plan’s non-Roth account and subsequently depositing all or part of that distribution to a designated Roth account in the same Solo 401k plan within 60 days.
Recharacterizing (unwinding) an in-plan Roth rollover
The rules do not allow for the recharacteraztion of an in-plan Roth rollover (i.e., an in-plan Roth rollover cannot be returned to non-Roth status).
Distributions Types that qualify for in-plan Roth rollover
1. Rollover contributions
2. After-tax contributions
3. Employer profit-sharing contributions –but only when following requirements are met:
- Attainment of age 59 ½
- The employer contributions being converted have been in the plan for at least 2 years, or the participant has participated in the solo 401k plan for at least 5 years.
4. Salary deferrals (pre-tax elective deferrals)—only when you reach age 59 ½
Taxation of Solo 401k in-plan Roth Rollovers
Amounts processed as in-plan Roth rollovers are taxed in the same year and added to your gross income for the tax year.
In-plan Roth direct rollover is not subject to the 20% mandatory tax withholding; however, since you have to pay taxes either when you do the conversion or when you file your income tax return, it is recommended that you pay the 20% tax upfront to avoid having to increase your federal income tax withholding or make estimated tax payments to avoid underpayment of tax penalty.
The 10% early distribution tax does not apply to In-plan Roth rollovers at the time of processing. However, if withdrawn before a 5-taxable-year period the 10% may apply. Send us an e-mail at info@mysolo401k.net for more information on this.
Tax reporting in-plan Roth direct rollover
Reported on Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc by:
- Including the amount you rolled over in box 1 (Gross distribution)
- Including the taxable amount you rolled over in box 2a (Taxable amount)
- Reporting your basis in the amount rolled over in box 5 (Employee contributions)
- Using distribution code “G” in box 7
You are required to:
- File Form 8606, Nondeductible IRAs, with your tax return; and
- Complete Form 8606, Part III, to report your in-plan Roth rollover.
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