Tuesday, December 11, 2012

Can I fund Solo 401k with Promissory Note?




QUESTION: I would like to know if I can fund my annual self-directed Solo 401k contribution through a promissory note/mortgage loan. I have a note payable to me in the amount of $66,000, and I would like to assign it to my Solo 401k. Is this allowed and can I use the amount of the note as my contribution for year? Can I split the contribution for two tax years?

ANSWER: No. Because you personally own the promissory note, it would be prohibited to deposit the note into your Solo 401k and treat is as an annual Solo 401k contribution.  Specifically, the deposit of a promissory note personally owned by the Solo 401k trustee to his or her Solo 401k plan would fall under the following prohibited transaction: “The sale, exchange, or lease of property between a Solo 401k plan and disqualified person.” By definition, you are a disqualified person and thus prohibited from selling or exchanging your personally owned promissory note to the Solo 401k whether for profit or not.

Visit following Solo 401k prohibited transactions to learn more about prohibited transactions.

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