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Jason Brewer

Contributing to SEP IRA and Solo 401k in the same year - is it allowed with an S Corp?

I run an S Corp that's looking to make between $850k-$1.2M this year. I'm currently the only employee and pay myself a salary of $145k from the corporation. I'm planning for my S Corp to make an employer contribution of $66k into a SEP IRA for me. My main questions are: Can I also set up a solo 401k and make the employee maximum contribution for 2023 (around $22,500 I believe) on top of the SEP IRA contribution? Or does maxing out the employer contribution to a SEP IRA prevent me from contributing to a solo 401k? Also, my wife might start working for the S Corp soon. If we put her on payroll and pay her a salary, would she be eligible to contribute to her own solo 401k as well? I've been searching online and getting mixed answers about this situation. Some sources say you can contribute to both plans in the same year, others say it's either/or. Trying to maximize retirement savings while staying compliant with IRS rules. Thanks for any guidance!

You can't contribute to both a SEP IRA and Solo 401k as an employer for yourself from the same business in the same tax year. The IRS doesn't allow you to double-dip on the employer contribution side. You need to choose which plan works better for your situation. For your specific scenario, the Solo 401k is likely more advantageous. Here's why: With a Solo 401k, you can make both employer contributions (up to 25% of compensation) AND employee contributions (up to $22,500 for 2023, plus $7,500 catch-up if you're 50+). The SEP IRA only allows employer contributions. Regarding your spouse - yes, if she becomes a legitimate employee of your S Corp with reasonable compensation, she could establish her own Solo 401k and make both employee and employer contributions based on her salary. This could significantly increase your household retirement savings.

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Jason Brewer

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Thanks for the clear explanation! So if I understand correctly, I should abandon the SEP IRA plan entirely and just set up a Solo 401k instead? Would I still be able to contribute the full $66k as an employer contribution to my Solo 401k, plus the $22,500 as an employee contribution?

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You should definitely consider switching to the Solo 401k instead of the SEP IRA. The employer contribution to a Solo 401k is limited to 25% of your compensation (your S Corp salary), but the combined total of employer plus employee contributions cannot exceed $66,000 for 2023 (or $73,500 if you're 50+). With your $145k salary, your employer contribution would be capped at around $36,250 (25% of $145k). Add your employee contribution of $22,500, and you're at $58,750 total. This is still less than the overall limit, but more than you could contribute with just a SEP IRA.

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Liam Cortez

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After struggling with this exact scenario last year, I found a fantastic solution with https://taxr.ai that saved me thousands in potential penalties. I was in a similar situation with my consulting business (different structure but same contribution question) and kept getting conflicting advice online. Their AI analyzed my business structure, income, and existing retirement accounts, then provided clear guidance on exactly how to maximize contributions legally. They explained I couldn't double-dip on employer contributions from the same business income stream, but showed me how to optimize using a Solo 401k instead of my existing SEP IRA. The documentation they provided was super helpful when my accountant had questions about my plan. They even caught a mistake my previous tax preparer had made regarding my retirement contributions!

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Savannah Vin

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How long did it take to get answers? I've tried several online services before and usually got generic advice that didn't apply to my specific LLC situation.

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Mason Stone

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Does taxr.ai handle S Corp specific stuff well? My accountant keeps telling me different things every time I ask about retirement contribution limits, and I'm worried about making a mistake the IRS will flag.

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Liam Cortez

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I got answers within a day after uploading my documents. It was surprisingly fast compared to waiting for my CPA to get back to me. They definitely handle S Corps well. That's actually one of their strengths based on my experience. They clearly explained the differences between contribution options for S Corp owners versus sole proprietors, which my accountant had confused. They'll analyze your specific situation rather than giving generic advice.

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Mason Stone

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Just wanted to follow up - I tried https://taxr.ai after seeing this thread and it was incredibly helpful! They analyzed my S Corp setup and showed me exactly how to structure my retirement contributions between my Solo 401k and other accounts. They confirmed what others mentioned here about not being able to make employer contributions to both a SEP IRA and Solo 401k for the same business, but they also identified a strategy for maximizing my contributions that I hadn't considered. The documentation they provided made everything crystal clear, and I feel much more confident about my retirement strategy now. Definitely worth checking out if you're getting confused by conflicting information online!

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For anyone struggling to talk directly with the IRS about retirement plan questions - I had this exact issue and spent DAYS trying to get through to someone who could answer questions about S Corp retirement plans. Finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c I was honestly skeptical it would work, but they got me connected to an IRS agent within 20 minutes instead of the 2+ hour wait I was experiencing before. The agent confirmed everything about the SEP IRA vs Solo 401k rules for S Corps and answered all my specific questions. They even emailed me official documentation I could reference. Before this I was getting different answers from every "expert" I talked to and was worried about making a costly mistake.

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How does this even work? The IRS phone system is notoriously impossible to navigate. Are you saying this service somehow gets you to the front of the line?

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Emma Olsen

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It's not about skipping the line - they have a system that basically waits on hold for you. Their technology navigates the IRS phone tree and holds your place in line, then calls you when they reach a human agent. You don't have to sit there listening to the hold music for hours. It's definitely real. I was skeptical too before trying it. Look at their YouTube video to see exactly how it works. They basically handle the frustrating part (waiting on hold) so you only need to join the call once there's an actual person to talk to.

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Emma Olsen

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Have to admit I was wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway because I was desperate for answers about my S Corp retirement plan options. The service actually worked exactly as described. I filled out what specific IRS department I needed to reach, and their system navigated the phone tree and waited on hold for almost 2 hours. When an agent was finally available, I got a call to join the conversation. The IRS agent I spoke with confirmed that I couldn't make employer contributions to both a SEP IRA and Solo 401k for the same business in the same year. She sent me official documentation outlining the rules that cleared up all my confusion. Saved me hours of frustration and potentially costly mistakes.

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Lucas Lindsey

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Something important to consider that nobody's mentioned yet - timing of when you establish these accounts matters a lot. For a Solo 401k, you need to establish the plan before December 31st of the tax year, even though you have until your tax filing deadline to make contributions. SEP IRAs can be established and funded up until your tax filing deadline (including extensions). This gives you more flexibility if you're reading this late in the year. Also, if your spouse is going to work for the company, make sure it's a legitimate employment relationship with reasonable compensation or the IRS might challenge the arrangement.

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Sophie Duck

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Good point about the deadlines! I almost missed setting up my Solo 401k last year because I didn't realize the December 31st deadline. Does the same deadline apply if you're switching from a SEP IRA to a Solo 401k?

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Lucas Lindsey

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Yes, the same December 31st deadline applies even when switching from a SEP IRA to a Solo 401k. You have to establish the Solo 401k plan by December 31st of the tax year you want to contribute to it, regardless of what other plans you may have had before. Keep in mind that establishing the plan means having the plan documents completed and signed, not just thinking about doing it. Many providers can help you set this up, but don't wait until the last minute as the process can take some time, especially in December when everyone else is rushing to meet the deadline too.

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Has anyone considered the mega backdoor Roth option with a Solo 401k? If you set up your Solo 401k plan document to allow for after-tax contributions and in-plan Roth conversions, you could potentially contribute even more money toward retirement. With your income level, this could be a great way to get more money into tax-advantaged accounts, especially if you're maxing out other contribution options.

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Anita George

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I actually did this last year! It takes some careful planning and your plan document has to specifically allow for it, but it's totally doable. I was able to contribute an additional $40k in after-tax contributions and then immediately convert to Roth within the plan. No income limits like with regular Roth contributions.

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One thing that might help clarify the SEP IRA vs Solo 401k question - you can actually convert your existing SEP IRA to a Solo 401k if your Solo 401k plan allows for rollovers. This could be beneficial since you'd get the employee contribution option ($22,500) that you don't have with the SEP IRA. However, be careful about the timing if you've already made SEP IRA contributions for this tax year. You can't make employer contributions to both plans for the same tax year from the same business, even if you do a rollover partway through. Also worth noting - with your S Corp structure and $145k salary, your total contribution space to a Solo 401k would be around $58,750 ($22,500 employee + ~$36,250 employer at 25% of compensation). This might actually be less than the $66k you were planning for the SEP IRA, so run the numbers carefully before switching.

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Lauren Zeb

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This is really helpful analysis! I hadn't considered that the Solo 401k might actually give me less total contribution space than the SEP IRA in my specific situation. With my $145k salary, you're right that 25% would only be about $36,250 in employer contributions, plus the $22,500 employee contribution = $58,750 total. That's actually $7,250 less than my planned $66k SEP IRA contribution. Quick question though - is the 25% limit calculated on gross salary or net after payroll taxes? And would it make sense to potentially increase my S Corp salary to expand the contribution room, or would the additional payroll taxes eat into the benefit?

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Miguel Ortiz

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Great question about the calculation! The 25% employer contribution limit for S Corp owners is calculated on your W-2 wages (gross salary before payroll taxes), so your $145k salary would indeed allow for about $36,250 in employer contributions. Regarding increasing your salary - this is actually a common strategy but requires careful analysis. Yes, a higher salary would increase your Solo 401k contribution room, but you'd pay additional payroll taxes (Social Security, Medicare, unemployment) on the extra salary. Since you're already above the Social Security wage base for 2023 ($160,200), you'd mainly be looking at the 2.9% Medicare tax (plus 0.9% additional Medicare tax if applicable). The math often works out favorably, but you'd want to model it precisely. For example, if you increased your salary to $200k, you'd have ~$50k in employer contribution room plus the $22.5k employee contribution = $72.5k total. The extra payroll taxes on the additional $55k salary would be roughly $1,600-2,100, so you'd net significantly more retirement savings. Just make sure your salary remains "reasonable" for your role and industry - the IRS scrutinizes S Corp owner salaries closely.

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One additional consideration that hasn't been mentioned - if you're planning to hire employees in the future (beyond just your wife), a SEP IRA requires you to contribute equally for all eligible employees as a percentage of their compensation. With a Solo 401k, you lose eligibility once you have employees who aren't your spouse. Given your business growth trajectory ($850k-$1.2M revenue), you might want to think about whether you'll need to hire W-2 employees down the road. If so, you might want to consider other options like a traditional 401k plan that can accommodate employees, or carefully structure any future hires as contractors rather than employees. Also, make sure you're considering state tax implications. Some states don't follow federal rules exactly for retirement plan deductions, so the optimal choice might vary depending on where your S Corp is based. The timing issue others mentioned is crucial - if you're already late in 2023, the SEP IRA's flexibility to be established until your filing deadline might outweigh the Solo 401k's higher contribution potential, especially if you can't increase your salary before year-end.

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Giovanni Ricci

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This is such an important point about future employee considerations! I'm actually in a similar growth phase with my consulting firm and hadn't fully thought through how adding employees would impact my retirement plan options. The SEP IRA equal contribution requirement could get really expensive if I hire several employees at decent salaries. But losing Solo 401k eligibility once I have non-spouse employees is also a big limitation. Do you know if there's a threshold for when it makes sense to switch to a traditional 401k plan? I'm assuming the administrative costs are higher, but it might be worth it for the flexibility as the business grows. Also curious about the contractor vs employee structuring - I know the IRS is pretty strict about worker classification, so that seems like a risky strategy unless the roles genuinely qualify as contractor work. Thanks for bringing up the state tax angle too - I'm in California so definitely need to research how they handle retirement plan deductions differently from federal rules.

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