I have a CPA firm that is currently
structured as an LLC that wants to open up a
Self-Directed Solo 401k.
Self-Directed Solo 401k.
In approximately a year, they will
be setting up another entity—a Corporation,
which will be a new legal entity in addition to their LLC. Note that the CPA firm only has two owners (husband and wife) and no full-time employees.
which will be a new legal entity in addition to their LLC. Note that the CPA firm only has two owners (husband and wife) and no full-time employees.
If they want to fund (make Solo 401k
contributions from self-employment compensation) their solo 401k in 2013
from their new Corporation, do we have to terminate their old Self-Directed
Solo plan and open a new Solo 401k or do we amend the old Self-Directed Solo
401k plan with the new company name, and establish a new EIN for the Solo 401k.
No elaborate change is required. Your
Solo 401k provider will simply need to update the Solo 401k plan document
to reflect the new entity (the Corporation) and submit letter to the IRS to
communicate to them the new company associated with the Self-Directed Solo
401k.
Therefore, the EIN will remain the
same and the same Solo 401k account tile remains the same. Solo 401k providers generally don’t charge a fee for processing
this type of Solo 401k administrative update nor does the filing of a final
Form 5500-EZ apply since you are not terminating the Solo 401k plan, but just simply updating the entity type associated with with it.
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