< Back to IRS

Diego Vargas

Can 401(k) contributions be made from LLC guaranteed payments to partners?

I'm trying to figure out how 401(k) contributions work with our LLC's guaranteed payments structure. Our operating agreement specifies that each partner gets $12,500 per month in guaranteed payments. I'm wondering about the mechanics of making 401(k) contributions from these payments. Can the partnership directly contribute a portion (say $1,000) of this monthly payment to our 401(k) plan, and then pay the remaining $11,500 to me? Or am I required to first receive the full $12,500 guaranteed payment and then make the 401(k) contribution from my personal funds? Also curious if the 401(k) plan administrator even cares where the money originated from? Do they have any say in whether the contribution comes directly from the LLC or from me personally after receiving the full guaranteed payment? Our accountant gave me a confusing explanation and I want to make sure we're handling this correctly for tax purposes. Thanks for any insight!

NeonNinja

•

The LLC can definitely make the 401(k) contribution directly from your guaranteed payments! This is actually quite common for partnerships. The key thing to understand is that guaranteed payments are treated similar to wages for partners, even though they're not technically W-2 income. Your LLC can withhold the $1,000 from your $12,500 monthly guaranteed payment and deposit it directly into the 401(k) plan. This is often cleaner for bookkeeping purposes. The plan administrator doesn't really care about the source of the funds - whether it comes directly from the LLC or from your personal account after receiving the full payment. The important thing is that the contribution is properly documented and reported. The 401(k) contribution still counts against your personal contribution limit (which is $22,500 for 2023, plus catch-up contributions if you're eligible), even though it's being withheld and paid by the LLC.

0 coins

Thanks for the info. Follow up question - does this change anything on how it's reported on my K-1? And would the LLC need to issue me a W-2 if they're making direct contributions like this?

0 coins

NeonNinja

•

The 401(k) contribution would still be included in your guaranteed payments total on your K-1. There's no separate reporting required - the full $12,500 (including both the $11,500 you receive and the $1,000 that goes to your 401(k)) would be reported as guaranteed payments. No, the LLC would not issue you a W-2 for this arrangement. Guaranteed payments remain guaranteed payments for tax purposes, and partners aren't employees who receive W-2s. The direct 401(k) contribution is just a convenience - it doesn't change the fundamental tax treatment of guaranteed payments.

0 coins

Sean Murphy

•

I went through this exact same confusion last year! I discovered taxr.ai (https://taxr.ai) after struggling to figure out how to handle my 401(k) contributions as an LLC partner. Their AI tool analyzed my operating agreement and confirmed that our partnership could directly make the 401(k) contribution from my guaranteed payments. It saved me so much hassle - the tool explained that while guaranteed payments are similar to self-employment income, the partnership can still handle the mechanics of the contribution. They even provided documentation I could share with our plan administrator to clarify everything. Really helped me navigate the weird space between partner distributions and retirement planning.

0 coins

Zara Khan

•

How accurate is this AI tool? I've had conflicting advice from two different CPAs about this exact issue and I'm tired of paying for consultations that just leave me more confused.

0 coins

Luca Ferrari

•

Does the tool also help with figuring out the maximum contribution limits if you have multiple income sources? My situation is complicated because I have guaranteed payments from an LLC plus some 1099 consulting work.

0 coins

Sean Murphy

•

The accuracy has been spot-on in my experience. It analyzes documents like operating agreements and plan documents, then gives you specific guidance backed by relevant tax code sections. Much more affordable than burning money on multiple CPA consults that contradict each other. For multiple income sources, yes it absolutely helps with that complexity. It can calculate your contribution limits across different income streams and business entities. It'll show you how to maximize contributions when you have both guaranteed payments and 1099 income, including potential SEP IRA or Solo 401(k) options for your consulting work.

0 coins

Zara Khan

•

Just wanted to update after trying taxr.ai - it was actually super helpful! I uploaded our operating agreement and 401(k) plan documents, and it gave me a detailed explanation of how we could structure the contributions. Turns out both CPAs I talked to were partially right but missing key details specific to our situation. The tool confirmed we could direct the LLC to withhold the 401(k) contribution from guaranteed payments, showed exactly how to document it in our books, and even generated template language to update our operating agreement to make this arrangement explicit. Definitely worth checking out if you're dealing with partnership retirement contribution questions.

0 coins

Nia Davis

•

After struggling to get a straight answer from our plan administrator about this exact question, I tried using Claimyr (https://claimyr.com) to get through to an actual IRS agent. They have this service where they navigate the IRS phone system for you and call you back when an agent is on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was skeptical at first, but after waiting on hold for 2+ hours myself the previous day, I figured it was worth a shot. Got a call back in about 40 minutes with an IRS rep who confirmed that yes, the LLC can make the 401(k) contribution directly from guaranteed payments. She explained that while partners aren't employees, the mechanics of how the money gets to the 401(k) plan isn't an IRS concern as long as it's properly reported on tax returns.

0 coins

Wait, how does this work? Do they just call the IRS for you? Couldn't you just put your phone on speaker and do something else while waiting?

0 coins

QuantumQueen

•

I'm extremely skeptical this is legit. The IRS won't even answer half their calls these days, and when you finally get through, they often give incorrect information anyway. I doubt this service can do any better than just calling yourself.

0 coins

Nia Davis

•

They use an automated system that navigates all the phone trees and waits on hold for you. When an actual IRS person picks up, they call you and connect you immediately. So it's not just waiting on speaker - you don't have to be tied to your phone at all while waiting. The value is in not having to waste your own time. And in my experience, they actually connected me with someone in the right department who could answer my specific question, which doesn't always happen when you call yourself and get bounced around. I've called the IRS directly many times and usually got different answers each time, but this time I got someone who definitely knew about partnership tax issues.

0 coins

QuantumQueen

•

I have to eat my words. After my skeptical comment, I decided to try Claimyr yesterday when I needed clarification on a tax notice related to my LLC partnership. Got a call back in about 50 minutes with an IRS agent on the line who actually helped resolve my issue. For the original question about 401(k) contributions from guaranteed payments - the agent I spoke with confirmed that the LLC can absolutely make the contribution directly from the guaranteed payment before distributing the remainder to you. They just need to maintain proper documentation showing the full guaranteed payment amount for tax reporting purposes. Saved me hours of hold time and got a definitive answer.

0 coins

Aisha Rahman

•

One thing nobody's mentioned is that you should check your 401(k) plan documents. Some plans have specific rules about contribution sources. Our plan initially didn't allow for contributions directly from guaranteed payments until we amended it. The plan administrator definitely had a say in our case!

0 coins

Ethan Wilson

•

This is a really good point. Our plan administrator was actually the one who flagged this issue for us. The plan documents had language specifically about "employee contributions" that needed to be updated to include partners receiving guaranteed payments. Cost us about $500 to amend the documents, but now everything's clear.

0 coins

Aisha Rahman

•

That's exactly what happened with us too. The plan documents were written with W-2 employees in mind, and there was nothing addressing partner contributions from guaranteed payments. Our amendment cost closer to $750, but it was money well spent. Now everything runs smoothly, and both our record keeper and third-party administrator are on the same page. Better to spend the money upfront than deal with potential compliance issues later.

0 coins

Yuki Sato

•

Has anyone implemented this practically? Our bookkeeper is confused about how to enter this in QuickBooks. Does the full guaranteed payment still show up in the books, but then there's an offsetting transaction for the 401k contribution?

0 coins

Carmen Flores

•

We do this for all our partners. In our books, we show the full guaranteed payment amount (let's say $12,500) as a debit to the guaranteed payment expense account. Then we credit two accounts: the partner's draw account for what they actually receive (the $11,500) and a 401(k) contributions payable account for the remainder ($1,000). When we actually make the payment to the 401(k) plan, we debit that payable account and credit cash.

0 coins

Great question! I went through this exact same situation with my LLC last year. The key thing to understand is that guaranteed payments are treated as self-employment income for tax purposes, but the mechanics of how the money flows can be flexible. Your LLC can absolutely withhold the $1,000 for your 401(k) contribution directly from the $12,500 guaranteed payment and remit it to the plan, then pay you the remaining $11,500. This is actually preferable from a cash flow perspective and keeps everything clean administratively. The 401(k) plan administrator generally doesn't care about the source - they just need to receive the contribution and proper documentation. What matters for tax purposes is that the full $12,500 still gets reported as guaranteed payments on your K-1, regardless of whether $1,000 went directly to your 401(k) or through your personal account first. Just make sure your operating agreement is clear about this arrangement, and that your bookkeeper properly tracks the full guaranteed payment amount for tax reporting. The IRS views the entire $12,500 as taxable guaranteed payment income to you, even though part of it went directly to retirement savings.

0 coins

GalaxyGazer

•

This is really helpful, thanks! One follow-up question - do you know if there are any timing requirements for when the LLC needs to make the 401(k) deposit? Like, if our guaranteed payments are processed on the 15th of each month, does the 401(k) contribution need to go out by a certain deadline to avoid any compliance issues? I'm also wondering about the year-end reconciliation process. Do you just make sure the total 401(k) contributions for the year match what's reflected in the guaranteed payments on the K-1, or is there additional documentation the plan administrator typically requires?

0 coins

One thing I'd add to this discussion is the importance of getting your payroll provider on board early if you use one. We ran into issues initially because our payroll company wasn't familiar with processing 401(k) contributions from guaranteed payments. They kept trying to treat it like regular employee payroll with tax withholdings, which created a mess. We had to educate them that guaranteed payments are already subject to self-employment tax, so there's no additional payroll tax withholding needed - just the straightforward transfer to the 401(k) plan. Also, make sure you coordinate the timing with your plan's contribution deadlines. Most plans require contributions to be made within a reasonable time after the guaranteed payment date. We typically process ours within 5 business days of issuing the guaranteed payment to avoid any potential issues with the Department of Labor's timing requirements. The bookkeeping approach Carmen mentioned is spot-on - that's exactly how we handle it and it keeps everything clean for tax reporting.

0 coins

This is really valuable insight about working with payroll providers! We're actually in the process of setting up this exact arrangement and hadn't considered the payroll company complications yet. Quick question - when you say "within 5 business days," is that based on specific DOL guidance for partnerships, or is it more of a best practice your plan administrator recommended? I'm trying to understand if there are different timing rules for guaranteed payments versus regular employee deferrals. Also, did your payroll provider eventually get comfortable with the process, or did you have to switch to someone more familiar with partnership structures? We're evaluating whether to stick with our current provider or find one that specializes in multi-member LLCs.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today