One of the most attractive features of a Self-Directed Solo 401k is the Checkbook 401k Loan feature. The loan proceeds can be used to finance anything you’d like and the interest payments are made to yourself. In fact, SD401k loan interest can be viewed as a way to make backdoor contributions – beyond the contribution limits – to your Solo 401k tax advantaged retirement accounts. Once paid to the your 401(k) plan, those funds will grow either tax-deferred or tax-free.
Do you have debt to pay off? Do you want to purchase a new vehicle? Pay for education? Or, would you like to make an investment outside your Solo 401k using Solo 401k funds? The Checkbook Control 401k loan feature is your best option. In this post will cover all that you need to know to legally take advantage of this checkbook-control feature.
Can I borrow money from my Self-Directed Solo 401k Plan?
Yes, you can take a loan from your Checkbook Solo 401K Plan – provided you adhere to the IRS rules and that such loan is permitted by your Solo 401K Plan Documents. You must follow the rules for Solo 401(k) loan limits, Solo 401(k) loan interest rates, and Solo 401K loan repayment schedule.
Is a Solo 401k Loan a Prohibited Transaction?
No, Solo 401k Loans to plan participants that follow the tax and labor law rules are not Prohibited Transactions. Although lending between a Solo 401k Plan and disqualified persons is a prohibited transaction, a limited exemption to the rules is provided for 401k loans. See IRC 4975(d), IRC 4975(f)(6), USC Title 29 Section 1108(b)(1), USC Title 29 Section 1108(d), 29 CFR 2550.408b-1.
Loans made to disqualified persons or parties-in-interest (the ERISA equivalent of a disqualified person) are NOT prohibited transactions if such loans are:
- available to all plan participants on a reasonably equivalent basis,
- not made available to highly compensated employees in an amount greater than the amount made available to other employees,
- made in accordance with specific provisions set forth in the plan documents,
- bear a reasonable rate of interest (see below), and
- adequately secured (see below).
Is a Solo 401k loan treated as a taxable distribution?
No, Solo 401k loans that that follow the loan guidelines of IRC 72(p) are not deemed distributions and are not taxable.
To qualify for treatment as a loan – and not as a taxable distribution – Solo 401k loans must:
- not exceed allowable limits
- provide for repayment within 5 years, unless the loan purpose is the acquisition of a principal residence
- require substantially level amortization over the loan term (payments can’t be interest only)
- require payments no less often than quarterly
What are the Solo 401k loan limits?
Solo 401k loan limits, per IRC 72(p), are the lesser of:
(A) $50,000 and
(B) the greater of (1) 50% of the participant’s vested account balance and (2) $10,000
If there are prior outstanding Solo K participant loans, the calculation is more complex.
Solo 401(k) loans must be adequately secured. Up to 50% of the present value of a participant’s account can be used as security. If the loan amount exceeds 50% of the participant’s vested account balance at the time of loan origination or renewal, additional security is required. See CFR 29/2550.408b-1(f).
What is a reasonable rate of interest for a Checkbook 401k loan?
The code and regulations do not specify a rate of interest. The regulations say only that the rate must provide the plan “with a return commensurate with the interest rates charged by persons in the business of lending money for loans which would be made under similar circumstances (CFR 29/2550.408b-1).” The courts addressed this issue in McLaughlin v. Rowley and Brock v. Walton.
Accepted industry practice is to charge prime plus 1%-2% as the rate of interest on a Solo 401k Loan. The WSJ Prime Rate is a commonly used benchmark.
The appropriate rate of interest must be determined at the time of the initial loan and must be reassessed at the time of any renewal or refinancing. Remember that the interest you pay is going into your retirement account and will grow tax-advantaged for your benefit.
What type of documentation is required for Solo 401k Plan loan?
An Individual K Loan must be evidenced by an enforceable agreement that demonstrates compliance with 401k loan rules. See CFR 26 1.72(p)-1. At a minimum the loan documentation must:
- be legally enforceable
- specify the amount of the loan
- specify the date of the loan
- specify the repayment schedule
What can a SD One Participant 401k Loan be used for?
The loaned funds can be used for any purpose that you choose. You can use them to start a business, pay off high interest debt, pay college and education expenses, pay bills, purchase collectibles, and any other purpose. Once loaned to you, the funds are yours to spend and are not subject to any retirement plan rules.
Remember, the loan is to you, not your business. Once you get the money in your personal account you can use them in any way you like. Likewise, loan payments should come from your personal funds.
Solo 401k loan interest payments are a personal expense that is not tax deductible on your income tax returns.
Unlike interest on credit card debt and consumer financing, the interest paid on your Solo 401k loan will come back to you – plus compounded investment returns.
Can loans be taken from a Solo 401k Roth subaccount?
Yes, loans can be taken from Roth Solo 401k accounts. We recommend that you take a loan from either your pretax, after-tax, or Roth 401k accounts and not take a single loan from multiple account types. This will simplify recordkeeping.
Can I take a loan from my IRA-LLC or Self-Directed-IRA?
If you qualify for a Self-Directed Solo (k), you can rollover IRA funds to a Solo (k) and then borrow the funds. Roth IRAs can’t be rolled over to a Solo 401k.
What happens if a Solo 401k loan is not repaid?
Solo 401k loans that are not paid in accordance with the loans terms are deemed distributed, with associated taxes and penalties due. A cure period may be available to you, depending on your plan docs.
What happens if Solo 401k loans exceed the allowed amount?
The excess amounts will be deemed distributed, with associated taxes and penalties due.
For additional information about borrowing from your Solo 401k see the IRS page about retirement plan loans.
Your Self-Directed Uni(K) loan option is one of its most attractive benefits. In fact, some people get a Checkbook 401K for the sole purpose of using the loan feature. With the info in this post, you can keep your Solo 401k plan loan compliant while leveraging its powerful advantages.