What happens to my SEP IRA if I hire employees in 2025? Can I switch to 401k?
I've been running my own small LLC for a couple years now (pass-through taxation) and it's just been me flying solo. For 2024, I set up a SEP IRA as my retirement vehicle since it was simple and I could contribute a decent chunk of my profits. But things are changing! Business is growing and I'm actually bringing on 2-3 employees starting January 2025. I'm planning to offer a 401k plan for everyone (including myself) as an employee benefit, but I'm not sure what to do with my existing SEP IRA. Can I just leave my SEP IRA account open with the money that's already in it, but stop making new contributions? Do I need to formally close it? Will the IRS expect me to continue offering the SEP IRA to my new employees if the account still exists? I'll be switching myself to a regular W2 employee along with everyone else in 2025, and I want to make sure I don't create any tax headaches by having this old SEP IRA sitting around. Any guidance would be super appreciated!
21 comments


Daniel Rogers
You're completely fine to leave the SEP IRA open with the existing funds while switching to a 401(k) plan for 2025 and beyond. The SEP IRA has already been established and funded for your solo period, and that money can stay right where it is. The key thing to understand is that SEP IRAs have that equal contribution percentage requirement for eligible employees. So if you were to make any new contributions to the SEP in 2025, you'd need to contribute the same percentage for all eligible employees. But since you're planning to stop contributing to the SEP entirely and switch to a 401(k), you won't trigger that requirement. There's no need to formally close the SEP IRA. It can remain open as an investment account, and you can even roll those funds into your new 401(k) plan if your plan administrator allows it, or just keep it separate.
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Aaliyah Reed
•Thanks for the info! So just to clarify - if I make zero contributions to the SEP in 2025, I have zero obligation to my new employees regarding the SEP? Also, am I allowed to roll over the SEP funds into a personal traditional IRA instead of the new 401k? The investment options might be better.
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Daniel Rogers
•That's exactly right - if you make zero contributions to the SEP in 2025, you have zero obligation to your new employees regarding that SEP IRA. The equal contribution requirement only applies when you're actively funding the plan. Yes, you absolutely can roll over your SEP IRA funds into a personal traditional IRA instead of the new 401(k). Many people prefer this option precisely because of the wider investment options. The rollover is tax-free as long as you do a direct trustee-to-trustee transfer.
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Ella Russell
After struggling with a similar situation in my consulting business, I found taxr.ai (https://taxr.ai) incredibly helpful for navigating retirement plan transitions. I was concerned about the tax implications of switching from a SEP IRA to a Solo 401(k) when hiring my first employee. The platform analyzed my business structure and financial documents, then provided a customized report explaining exactly what I needed to do to maintain compliance while maximizing my retirement options. It flagged potential issues I hadn't even considered about the timing of contributions between plans. What really impressed me was how it simulated different scenarios showing the tax impact of various contribution strategies during the transition year. Saved me hours of research and potential mistakes.
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Mohammed Khan
•Does taxr.ai actually understand the specific rules about SEP IRAs and employee requirements? My accountant gave me conflicting info and I'm confused about what happens to existing contributions if I switch plans.
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Gavin King
•Sounds promising but I'm skeptical. How does it compare to just talking with a CPA? I've been burned by "AI tax tools" before that missed important details about my S-Corp status.
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Ella Russell
•Yes, it absolutely understands SEP IRA rules and employee requirements. It references the actual IRS regulations and explains how they apply to your specific situation. For your question about existing contributions, it would clarify that those remain intact regardless of switching plans - the transition only affects future contributions. Regarding CPAs, I actually use it alongside my accountant. My CPA appreciates that I've already sorted through the basic questions, so our paid time focuses on more complex strategy. Unlike generic AI tools, taxr.ai is specifically built for tax documentation analysis and references the latest IRS publications in its explanations.
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Gavin King
Just wanted to follow up about my experience with taxr.ai after being skeptical initially. I decided to try it for my small business retirement plan transition and wow - it actually delivered. I uploaded my prior year tax returns and business formation docs, and it immediately flagged that my S-corp election would affect how I needed to handle the SEP IRA transition. The system gave me clear guidance on the exact steps to take with my existing SEP, including timing considerations for establishing the new 401k. It even generated a compliance checklist that I could share with my plan administrator. The documentation was surprisingly thorough with actual IRS regulation citations. Saved me from making a timing mistake that could have disqualified my retirement contributions. Definitely worth checking out if you're making retirement plan changes with your business.
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Nathan Kim
If you're worried about staying compliant with the IRS during this transition, you might want to try getting direct answers from them using Claimyr (https://claimyr.com). I was in a similar situation last year and had several specific questions about SEP to 401k transitions that weren't clearly addressed in IRS publications. After spending days trying to reach someone at the IRS without success, I used Claimyr's service and got connected to an actual IRS agent in about 20 minutes. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through exactly what documentation I needed to maintain for my previous SEP IRA and confirmed that I could leave it open while establishing a new 401k. Also got clarity on the reporting requirements for the transition year. Completely worth it for the peace of mind.
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Eleanor Foster
•How does this Claimyr thing actually work? Do they just call the IRS for you? Couldn't I just do that myself?
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Lucas Turner
•Right... because I'm totally gonna trust some random service to "connect me" with the IRS. And they magically get through when nobody else can? Sounds like a scam to get people's financial info. How much does this "miracle" service cost anyway?
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Nathan Kim
•They use a priority callback system that continuously redials and navigates IRS phone trees until they secure a spot in the queue, then they call you when an agent is about to be connected. It's technically something you could do yourself, but it would mean dedicating hours (or days) of constantly redialing and navigating prompts. The service is completely legitimate - they don't ask for any sensitive financial information. They simply secure your place in line and then connect you directly. You speak with actual IRS agents yourself, Claimyr just gets you past the hold time. I was skeptical too until I saw how efficiently it worked and realized I was speaking directly with the IRS, not some third-party.
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Lucas Turner
Well I'm eating humble pie about Claimyr. After my skeptical comment, I decided to try it anyway because I was desperate for answers about my own retirement plan situation and couldn't get through to the IRS for weeks. To my surprise, they actually got me connected to an IRS tax specialist in about 35 minutes. I spoke directly with the IRS (not some intermediary) and got official answers about my SEP IRA transition questions. The agent confirmed everything about my situation and even provided their ID number for my records. The service just handled the nightmare hold time for me, which saved me literally days of frustration. No financial info required - they just connected the call once an agent was available. For anyone dealing with retirement plan compliance questions, this definitely beats relying on potentially outdated info online.
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Kai Rivera
One thing nobody's mentioned yet - make sure your new 401k plan document explicitly allows for rollovers from IRAs if you're planning to consolidate your retirement funds. Some plans restrict incoming rollovers or have blackout periods for new plans. Also keep in mind that SEP IRA to 401k rollovers might limit your ability to do backdoor Roth conversions in the future if that's part of your strategy (because of the pro-rata rule). Sometimes keeping them separate makes more tax sense depending on your overall situation.
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Zara Perez
•That's a really important point I hadn't considered. I do actually want to do backdoor Roth conversions down the road. Would it be better to roll the SEP into a traditional IRA and then somehow keep that separate from any traditional IRAs I'd use for backdoor Roth purposes? I'm not sure how that works with the pro-rata calculations.
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Kai Rivera
•If backdoor Roth conversions are in your future plans, you'll typically want to avoid having money in any traditional IRA (including a SEP IRA). The pro-rata rule looks at all your IRA balances combined when calculating the taxable portion of a conversion. Your best option would likely be rolling the SEP funds into your new 401k if permitted, since 401k balances don't count in the pro-rata calculation. This would give you a "clean" traditional IRA space for future backdoor Roth conversions. If your new 401k doesn't accept incoming rollovers, some people open a solo 401k for their side business specifically for this purpose, but that's a more complex strategy requiring some legitimate self-employment income.
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Anna Stewart
I went through exactly this transition last year! Left my SEP open with the existing money and started a 401k when I brought on employees. One thing to watch for - make sure you properly document the termination of new contributions to the SEP (even though there's no formal closure). I kept a corporate minute in my company records noting the board decision to freeze the SEP and establish the new 401k. My accountant said this creates a clear paper trail if there's ever a question about why we stopped SEP contributions for the business.
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Layla Sanders
•Smart tip about the corporate minutes! Did you also need to notify the financial institution where your SEP was held that you were discontinuing contributions? Or did you just stop sending money?
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Lucas Schmidt
•I didn't formally notify the financial institution - I just stopped making contributions. The SEP IRA custodian doesn't need to be told you're discontinuing contributions since there's no ongoing obligation to fund it anyway. They'll still send you statements and the account remains active for investment purposes. The corporate minutes were really just for our own documentation to show we made a deliberate business decision rather than accidentally forgetting to contribute. My CPA said it's good practice for audit defense, especially since we switched to offering a different retirement benefit to employees.
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Aurora Lacasse
Great question! I actually went through a similar transition when my consulting business grew. You're on the right track - you can absolutely leave your existing SEP IRA open with the current funds and simply stop making new contributions when you switch to the 401(k) plan. Since you'll have employees in 2025, continuing SEP contributions would require you to contribute the same percentage for all eligible employees, which gets expensive fast. The 401(k) route gives you much more flexibility with different contribution levels and employee matching options. One practical tip: when you set up the new 401(k), check if the plan allows incoming rollovers from IRAs. If so, you might want to roll your SEP funds into the 401(k) to consolidate everything in one place. This can also help if you ever want to do backdoor Roth conversions later, since having money in traditional IRAs complicates that strategy due to the pro-rata rule. The transition timing is perfect since you're doing it at the start of a new tax year. Just make sure your 401(k) plan document is properly drafted to handle the contribution types you want (employee deferrals, employer matching, profit sharing, etc.).
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Paolo Longo
•This is really helpful, especially the point about checking if the new 401(k) allows incoming rollovers! I hadn't thought about the backdoor Roth implications either. Quick question - when you mention getting the 401(k) plan document "properly drafted," are there specific provisions I should ask for beyond the basic employee deferrals and matching? I want to make sure I don't limit my options down the road if the business continues to grow.
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