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Frequently Asked Questions

Can I roll a SIMPLE-IRA into a Solo 401k plan?

FAQ
quot;After the two year period, amounts in a SIMPLE IRA can be rolled over or transferred tax free to an IRA other than a SIMPLE IRA, or to a qualified plan, a tax sheltered annuity plan (Section 403(b), or deferred compensation plan of a state or local government." (emphasis added). Since a Solo 401k plan is a "qualified plan", so yes you can roll a SIMPLE IRA into a SOLO 401k after two years.
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Can I have a SIMPLE-IRA and a Solo 401k plan at the same time?

FAQ
No you may not. Because SIMPLE plans often have exclusive plan rules, they are generally not allowed alongside a Solo 401k. However, you can easily terminate your SIMPLE plan and start and contribute to a Solo 401k for this year. Here is where you can find information about SIMPLE plans and how the IRS says to terminate the SIMPLE. http://www.irs.gov/retirement/article/0,,id=111420,00.
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Can I have a Solo 401k plan and a traditional IRA at the same time?

FAQ
Yes you can. However, the two are related in that if you are an active participant in a qualified plan (say, for example, a Solo 401k plan) limits are placed on the amount of a contribution to a traditional IRA that is deductible. For single individuals and heads of households, the part of the contribution to a traditional IRA that is deductible phases out ratably if MAGI is more than $45,000 and less than $55,000 in 2004.
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Can I have a Solo 401k plan and a ROTH IRA at the same time?

FAQ
Yes you can. The two are not related. They each have their own contribution limits and contributing to one does not reduce the contributions you can make to the other. However, the right to make contributions to a ROTH IRA phases out if MAGI exceeds certain specified limits, regardless of whether the individual is an active participant in a qualified plan.
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Can I have a SEP-IRA and a Solo 401k plan at the same time?

FAQ
Yes you can but the two plans are treated as one for purposes of determining your maximum contribution limits. Since the Solo 401k allows for greater deductions on less income, having both may not make the most sense. Further, according to Mr. Boldragini ID#31-08350 of the IRS if you want to have both a SEP-IRA and a Solo 401k, you may not contribute to both in a given tax year unless you used a plan document other than the IRS model document for the SEP-IRA (i.e. IRS Form "5305-SEP").
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If I have money in a 401K or IRA, can I roll it over to my HSA?

Frequently Asked Questions
You cannot transfer funds from a 401(k). However, you can make a one-time, irrevocable transfer from an IRA to an HSA, as long as the amount transferred does not exceed the annual HSA contribution limits. Any transfer from an IRA to an HSA will reduce the maximum amount that may be contributed to an HSA during the tax year. Funds can also be rolled over from another HSA or an Archer MSA. Please refer to the custodial agreement/disclosure for more information.
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What if I have partners? Can I still have a Solo 401k plan?

FAQ
You can have a 401kBrokers.com Solo 401k plan with just one or more business partners and no other employees. It will not be subject to top heavy testing, and the anti-discrimination rules as long as your partners are 5% or greater owners or are "highly compensated" (receives more than $100,000 in income from the business (2006) and you have no other employees other than your partners.
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Can I have a workplace or company 401k and my own Solo 401k plan at the same time?

FAQ
Yes you can. The contributions to your Solo 401k will be based on your self-employment income and not on income earned as an employee of another company. However, the two plans are treated as one for purposes of determining your maximum contribution limits. You may not defer more than $15,500 into both plans combined. For example, you may not defer the maximum as an employee at work ($15,500 in 2007) and then another $15,500 into your Solo 401k as an employee of your own company.
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Can I have a Solo ROTH 401k account and a ROTH IRA at the same time?

FAQ
Yes you can. The two are unrelated. They each have their own contribution conditions and limits and contributing to one does not reduce the contributions you can make to the other. The citation for this authority is a telephone message left on our voice mail on 2-21-2007 at 9:52 a.m. by Don Curlzyk of the IRS, in response to an email we sent to retirementplanquestions@irs.gov. Mr. Curlzyk's telephone number is 513-263-3573.
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How long do I have to roll over a distribution from a retirement plan to an IRA account?

Frequently Asked Questions - Keyword: Retirement Plan
You must complete the rollover by the 60th day following the day on which you receive the distribution. (This 60-day period is extended for the period during which the distribution is in a frozen deposit in a financial institution.) The IRS may waive the 60 day requirement in certain situations, such as in the event of a casualty, disaster, or other event beyond your reasonable control. To obtain a waiver, a request for a ruling must be made including the applicable user fee.
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Are in-service distributions allowed from an IRA-based plan (e.g., SEP, SARSEP or SIMPLE IRA plan)?

Retirement Plans FAQs regarding IRAs
There are no prohibitions on distributions from IRA-based plans. A participant can take distributions at any time. However, in addition to the distribution being taxable, it may be subject to a 10% additional tax if the participant has not reached age 59 1/2. If the distribution is taken in the first 2 years of participation in a SIMPLE IRA plan, the additional tax is increased to 25%.
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Can I contribute to another IRA if I am a participant in a SIMPLE plan?

FBR Funds
Our "Pay Yourself First" plan is designed to provide a convenient way for you to make monthly investments to your mutual fund account(s) by automatically withdrawing the funds from your bank or other Financial Institution. This program is ideal for investors who want to add to their accounts on a regular basis (Dollar Cost Averaging). Simply download the Pay Yourself First Form and follow the instructions to set up this service today. The Daily NAV is as of the previous business day's closing.
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If I make contributions to my rollover IRA, can I still roll the IRA into an employer plan?

R.B. Wiser & Associates :: FAQ
New legislation allows you to transfer your rollover IRA balance into your new plan, as long as the new plan accepts rollovers from IRAs. Before rolling your money into a new plan, you should compare the plan's investment options and withdrawal rules with those of your IRA. You may give up some flexibility or face stricter requirements if you make the move.
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American Funds: Frequently asked questions
You may be able to transfer your IRA balance into your new plan if the new plan accepts rollovers from IRAs. Before rolling your money into a new plan, you should compare the plan’s investment options and withdrawal rules with those of your IRA. You may give up some flexibility or face stricter requirements if you make the move.
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Can I roll money from my previous retirement plan or IRA into my current plan?

FAQs: Retirement Plan Participants & Employees
Yes, although there are a few plans that do not allow rollovers. You may roll money between the following plans: 401(k) Plan, 401(a) Plan, Profit Sharing Plan, Money Purchase Plan, Defined Benefit Plan, 403(b) Plan, 457 Plan, and Traditional IRA (not a Roth IRA).
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Will I be able to roll my IRA funds into my employer-sponsored qualified plan?

Default PSM Desktop
Effective January 1, 2002, the door opened for rollovers between Traditional IRAs and most employer-sponsored retirement plans, though some restrictions may apply. For example you may be able to roll eligible distributions from your Traditional IRA into a profit sharing plan offered by your employer. One restriction, however, is that you will not be able to roll after-tax contributions in your IRA to the employer-sponsored qualified plan.
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Can I roll over an IRA, 401(k) or other retirement plan into an HSA?

Frequently Asked Questions - Beta Benefits Insurance Service...
The NEW law allows you to roll funds from an IRA into an HSA. However, the amount you contribute to your HSA is still limited by the annual contribution limits.
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Why should I roll my retirement plan money into an American Funds IRA?

American Funds: Frequently asked questions
American Funds is one of the most experienced and respected investment managers in the United States. We’ve managed money and provided consistent long-term results for our investors for more than 70 years.
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How do I open a SIMPLE-IRA plan for my business? What about opening participant accounts?

IRA Frequently Asked Questions
Sole proprietors can download and complete a SIMPLE-IRA account application and include that along with their plan documents. For plans with multiple participants, Fidelity will mail employee enrollment kits to you upon receipt of the plan documents. Additional enrollment kits may be ordered from a Fidelity Retirement Specialist by calling 800-544-5373.
Related Questions

My business is growing. Am I still eligible for a SIMPLE-IRA Plan?

IRA Frequently Asked Questions
Generally speaking, you are eligible for a SIMPLE-IRA as long as your business has fewer than 100 employees earning $5,000 or more in the preceding year. As you grow, other retirement plans may become more appropriate. Please contact a Fidelity Retirement Specialist at 800-544-5373 for more information.
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Q7. Do I qualify to set up a SEP or a SIMPLE-IRA plan?

Trading International
Any employer can establish a SEP. However, if you establish a SEP, you may be restricted in maintaining another plan at the same time. Note that Salary Reduction SEPs (SARSEPs) cannot be established after 1996. Generally, only an employer with 100 or fewer employees can establish a SIMPLE-IRA plan. If you establish a SIMPLE-IRA, you cannot maintain any other retirement plan at the same time.
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Q8. How do I amend my SEP or SIMPLE-IRA plan for EGTRRA?

Trading International
If you’re using a prototype plan, you will receive an amended plan from the financial institution that provided you with the plan. If, for some reason, you don’t receive (or haven’t yet received) a new plan document, contact your financial institution. While the financial institution provides many administrative services for your plan, it is the responsibility of you – the plan sponsor – to ensure that the plan is kept up-to-date with current law.
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Q9. What is the deadline for establishing a SEP or a SIMPLE-IRA plan?

Trading International
You can establish a SEP for a year as late as the due date (including extensions) of your company’s income tax return for that year. You can establish a SIMPLE-IRA plan effective on any date between January 1 and October 1 of the year for which you make your first contribution. However, if you previously maintained a SIMPLE-IRA plan, you can set up a SIMPLE-IRA plan effective only on January 1 of the year for which you make your first contribution.
Related Questions

How much can I contribute to my Solo 401k each year?

FAQ
For 2004: A: The maximum employee and employer contributions combined may not exceed $41,000 in 2004 (if you are under 50) and $44,000 if you are older than 50 (or if you turn 50 in 2004). For 2005: A: The maximum employee and employer contributions combined may not exceed $42,000 in 2005 (if you are under 50) and $46,000 if you are older than 50 (or if you turn 50 in 2005).
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Is my Solo 401k or Company 401k protected from my creditors?

FAQ
Yes. On April 20th, 2005 the President signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("Act"). The Act makes significant changes in the bankruptcy rules, including adding specific protections for retirement plans. The Act goes into effect for bankruptcy petitions filed after October 16, 2005.The new law exempts from the bankruptcy estate assets held by a qualified plan (Solo 401k or Company 401k), 403(b) plan, 457 plan or IRA (traditional, Roth, SEP and SIMPLE).
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