QUESTON:
I recently read an article in the Wall Street Journal on the new in-plan 401k
conversion rules for 2013. I’m thinking of converting my solo 401k to a Roth Solo 401k, but I’m not sure if I can later
change my mind after the conversion is made like I can with a Roth IRA conversion,
which I processed back in 2008 and later reprocessed back to a traditional IRA
in 2009 as a result of the market crash.
Can you please tell me if I can convert back to a pre-tax solo 401k
after I convert to a Solo 401k Roth?
ANSWER: While the American Taxpayer Relief Act of 2012
(ATRA) modified the Roth in-plan solo 401k rules initially released under SBJA
(Small Business Jobs Act) by now allowing Solo 401k participants to make
in-plan conversions even if they are not eligible to take a distribution from
the solo 401k plan, the new rules did not change the
non-recharacterization rules. Therefore, once an in-plan solo 401k conversion
is processed, it may not be unwound or recharactherized. As such, make
sure you truly want to convert your Solo 401k to a Roth Solo 401k because the amount converted will increase your
taxable income for the year.
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