Wednesday, September 12, 2012

Transfer former employer 401k from Fidelity to Solo 401k Checkbook Control




Good morning,

I have been reviewing your website content and wanted to fully understand my investing options.

My previous employer's 401k plan is with Fidelity Investments.  If I understand your website correctly,

I should be able to contract your services to assist me in:


1. Question: With opening/filing for a brokerage account with checkbook control for
Self-Directed Solo 401k with Fidelity at no additional costs from Fidelity?

Answer: While we are not associated with Fidelity, it us our understanding and experience that Fidelity only charges fees in connection with Solo 401k checkbook control brokerage account when you buy and sell equities, but not when you process check transactions.  

2. Question:  My former employer 401k would just be rolled over (internally at Fidelity)?   How long will this take?

Answer: Yes your former employer 401k would be rolled over after you open Solo 401k brokerage account with checkbook control at fidelity. Our experience has been that Fidelity will generally take phone instructions over the phone to process transfer of former employer 401k to Solo 401k and process the transfer in 2 to 3 days.

3. Question: With this new Solo 401k trust account, I can invest in real estate, real estate liens, real estate tax sales, etc.?

Answer: Unlike most Solo 401k providers, our IRS approved Solo 401k allows for investing in alternative investments such as real estate (Solo 401k Real Estate), whether foreign or domestic, real estate liens, real estate tax sales, promissory notes, precious metals Solo 401k, private shares, etc., in addition to equities and life insurance.

4. Question:  I understand the limits that I can deposit; however am I limited to only the funds I earn from my real estate investments and consulting business, or can I invest funds from my employment as well?  I wish for my wife to be part of this account.  We have no employees.  However we may have our sons help manage the account part time, will they be eligible as well?

Answer: You need to determine if you qualify to open Solo 401k. The IRS requirement for qualifying for a Solo 401k is the presence of self-employment compensation and you cannot have full-time employees besides the business owner and his or her spouse, as Solo 401k is for maximum of two (2) participants—both business partners or business owner and his or her spouse. As such, your sons or daughters would not be eligible to contribute to Solo 401k nor can they or any other employees work full time for your business as it would result in only having option to open a traditional 401k--one that would have to be offered to common-law employees. You can learn more about type of self-employment activity that qualifies as self employment income for Solo 401k qualification and contributions purposes by reading following page from our website titled Solo 401k Self-Employment Compensation.  

http://www.mysolo401k.net/Self-employment-Compensation-for-Self-Directed-Solo-401k-or-Self-Directed-401k.html

5. Question:  Does fidelity allow me to process Solo 401k loan of up to 50% of my solo 401k balance, against that balance?  Do you know their terms?

Answer: First, it’s important to clarify that under this arrangement, that is, where Fidelity is only providing the brokerage account service for your Solo 401k, Fidelity has no other responsibilities with respect to administering the Solo 401k. In other words, you, the business owner, will serve as trustee of the Solo 401k, and thus be responsible for administering the Solo 401k loan (i.e., making sure that Solo 401k loan payments are made timely and in accordance with the Solo 401k loan agreement and payment schedule). Simply stated, Fidelity would not be your Solo 401k provider and thus have no administration responsibilities.  

6. Question: I understand that NASB lends non-recourse loans, will I be able to borrow from them with funds from this Solo 401k account?

Answer: Yes the Solo 401k that we offer allows for non-recourse Solo 401k loan. You can find out more about non-recourse loan by reading our blog page:


7. Question: My account with Fidelity is a traditional 401k.  Will I be able to transfer the funds, paying the taxes to a Solo Roth 401k, is that available and does that make sense?

Answer: You would first need to transfer your former employer 401k to your new Solo 401k and then process an in-plan Solo 401k Roth Rollover. You can find out more about Roth Solo 401k conversion by visiting our blogs: 



8. Question:  Based on what I've stated above, does Fidelity still stand your test for me to deposit my account.  In other words, would any Fidelity term restrict my flexibility to invest my Solo 401k in non-traditional investments such as real estate and precious metals?

Answer: As detailed above, Fidelity is only providing brokerage account for your Solo 401k, not the Solo 401k trust documents, which we would provide and allow for investing in alternative investments as mentioned above.

I am anxious to make a decision, but still need some answers.

Thank you so much for your time.

CB

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