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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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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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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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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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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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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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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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This sounds like BS honestly. I've tried everything to get through to the IRS and nothing works. If there was some magic way to skip the queue, everyone would be using it.

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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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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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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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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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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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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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