< Back to IRS

Lily Young

What is the Secure Act 2.0 Sole Proprietor Solo 401k setup deadline for 2024 tax year? (April 15th deadline?)

I'm self-employed running my own photography business and I'm trying to figure out the deadline for setting up a Solo 401k for the 2024 tax year. I keep getting mixed messages from different people and online articles. Some of my freelancer friends told me I've already missed the boat for 2024 and needed to have everything established by December 31, 2023. But then I was reading something about Section 317 of the Secure Act 2.0 that seems to give some extra time? I'm really hoping to maximize my retirement contributions for 2024 since I had a pretty good income year, but I'm totally confused about whether I can still set up a Solo 401k at this point. Is the deadline actually April 15th, 2025 now because of the Secure Act changes? Or am I completely misunderstanding something? Can anyone clarify this for me? I'd hate to miss out on the tax benefits because I misunderstood the deadlines.

You're right to be confused - the rules did change with the SECURE Act 2.0! Section 317 specifically addresses this situation for sole proprietors and solo 401k plans. Prior to the SECURE Act 2.0, you had to establish a Solo 401k plan by December 31 of the tax year (so Dec 31, 2024 for the 2024 tax year). However, Section 317 of the SECURE Act 2.0 changed this rule to allow sole proprietors to establish a Solo 401k up until the tax filing deadline, including extensions. This means you can now set up your Solo 401k for 2024 any time before your tax filing deadline in 2025 (April 15, 2025, or October 15, 2025 if you file an extension). This gives you much more flexibility than the old December 31 deadline. Just remember that this only applies to establishing the plan itself. Your actual contributions still follow the normal deadlines (employer contributions can be made until the tax filing deadline including extensions, while employee deferrals generally need to be designated before year-end).

0 coins

Wesley Hallow

•

Thanks for the info! I'm in a similar situation. Quick question - does this only apply to Solo 401ks or does it also work for SEP IRAs? And do I need to file any special forms to take advantage of this extension?

0 coins

The SECURE Act 2.0 provision specifically applies to Solo 401k plans (and other qualified retirement plans), giving sole proprietors and small business owners more time to establish these plans. The extension doesn't change anything for SEP IRAs, which already had the tax filing deadline (including extensions) as their establishment deadline. You don't need to file any special forms to take advantage of this extension - it's simply a change in the deadline. However, you'll still need to complete all the normal paperwork required to establish a Solo 401k with your chosen provider. Make sure your plan documents clearly show you're establishing it for the 2024 tax year even though you're setting it up in 2025.

0 coins

Justin Chang

•

I was in your exact situation last year trying to figure out Solo 401k deadlines. After hours of research and conflicting advice, I found this amazing AI tool that cleared everything up. Check out https://taxr.ai - I uploaded the SECURE Act 2.0 text and it explained exactly how Section 317 applies to sole proprietors like us. It confirmed what the previous commenter said - you CAN set up a Solo 401k for 2024 until your tax filing deadline in 2025 (including extensions if you file for one). The tool even generated a customized checklist for me with all the steps and deadlines specific to my situation. Saved me so much confusion!

0 coins

Grace Thomas

•

That sounds helpful, but does it actually handle the Solo 401k provider recommendations? I'm stuck trying to figure out which company to use for my Solo 401k. There are so many options with different fees and investment choices.

0 coins

I'm a bit skeptical about these AI tools for tax advice. How accurate is it really? I mean, the IRS rules are complicated and change all the time. Does it actually cite the specific parts of the tax code or just give general advice?

0 coins

Justin Chang

•

It doesn't specifically recommend providers, but it does explain what features to look for based on your specific situation. For example, it helped me understand whether I needed a Roth option, loan provisions, and what investment options would align with my goals. This made it much easier to compare providers on my own. As for accuracy, I was skeptical too at first! But it actually cites the specific sections of the tax code and IRS guidance with direct quotes. For the SECURE Act 2.0 question, it showed me the exact text of Section 317 and explained how it modified the previous rules. You can even ask it follow-up questions if something isn't clear.

0 coins

I want to follow up on my question about that taxr.ai tool. I decided to try it out after all, and I have to admit I was really impressed! I uploaded some conflicting articles about the Solo 401k deadlines and it immediately clarified that Section 317 of SECURE Act 2.0 specifically extends the deadline to the tax filing date. What I found most helpful was when I asked about my specific situation (I have both W-2 and 1099 income), and it gave me personalized advice about contribution limits and deadlines that apply to my mixed-income situation. It even pointed me to IRS Publication 560 and highlighted the specific sections relevant to my case. Definitely not what I expected - this thing actually knows its stuff when it comes to retirement plan rules!

0 coins

Dylan Baskin

•

If you're still confused about the Solo 401k deadlines even after reading about the SECURE Act changes, try calling the IRS directly. I know, I know - sounds like torture, right? I tried calling them 8 TIMES about this exact issue and never got through. Then I found this service called Claimyr that actually gets you through to an IRS agent without the wait. I was super skeptical but desperate, so I tried it: https://claimyr.com (they have a demo video at https://youtu.be/_kiP6q8DX5c) They somehow got me connected to an IRS agent in less than 20 minutes when I had been trying for WEEKS. The agent confirmed everything about the Solo 401k deadline change in the SECURE Act 2.0 and answered all my specific questions. Totally worth it for the peace of mind of hearing it directly from the IRS.

0 coins

Lauren Wood

•

Wait, how does this actually work? The IRS phone system is notoriously awful - how can a third-party service get you through faster? Sounds too good to be true honestly.

0 coins

Yeah right, and I bet it costs an arm and a leg too. The IRS phone system is broken by design - no way some service can magically fix that. I've been trying to get through about a withdrawal issue for months.

0 coins

Dylan Baskin

•

It uses some kind of technology that navigates the IRS phone system for you and holds your place in line. When they reach an actual human agent, they connect the call to your phone. I don't understand exactly how the tech works, but it definitely worked for me! It's not magic - you're still dealing with the actual IRS system and real IRS agents. They just handle the waiting and navigating the phone tree part for you. Think of it like hiring someone to stand in a physical line while you do something else more productive with your time.

0 coins

Just wanted to update about my experience with Claimyr - I can't believe I'm saying this, but it actually worked! After my skeptical comment yesterday, I decided to try it out of desperation since I've been trying to reach the IRS for months about my retirement account issue. The service got me connected to an IRS agent in about 15 minutes, which is INSANE compared to my previous attempts. The agent confirmed everything about the Solo 401k deadline extension under SECURE Act 2.0 Section 317 and even helped me understand how it applies to my specific situation with mixed income sources. For anyone else confused about retirement plan deadlines, hearing it directly from an IRS agent definitely gave me the confidence to move forward with setting up my Solo 401k for 2024, even though it's already 2025. Never thought I'd actually thank someone for helping me talk to the IRS!

0 coins

Ellie Lopez

•

I just went through this process myself! One important thing to note - while the SECURE Act 2.0 does extend the ESTABLISHMENT deadline to your tax filing date, there are still some practical considerations about CONTRIBUTIONS. If you're planning to make employee deferrals (the part that comes out of your own compensation), you technically need to have determined those amounts before the end of the calendar year. The employer contribution part (the 25% of net earnings) can be contributed up until your tax filing date. So while you CAN set up the plan in 2025 for 2024, you might be limited to just the employer contribution portion depending on how your plan provider handles this. Different providers have different interpretations of how this all works with the new rules.

0 coins

This gets confusing fast! So if I'm understanding correctly, I can open the account in 2025 for 2024, but I can only do the "employer" part of the contribution, not the "employee" part? How do you even separate those as a sole proprietor when it's just me?

0 coins

Ellie Lopez

•

You're right that it gets confusing! As a sole proprietor, you wear two hats - you're both the employee and the employer. The employee contribution is the elective deferral part (up to $23,000 for 2024, or $30,500 if you're 50+). Technically, these decisions should be made before the end of the calendar year since they're supposed to be prospective. The employer contribution is the profit-sharing part where you can contribute up to 25% of your net self-employment income. This part can definitely be made until your tax filing deadline. Some providers are more flexible than others about how they handle the employee deferral part when the plan is established after year-end. That's why it's important to talk directly with potential providers about how they interpret and implement these rules.

0 coins

Paige Cantoni

•

Has anyone used Fidelity for their Solo 401k? I'm trying to decide between them and Vanguard for my photography business. Also wondering if anyone knows if these providers are fully updated on the SECURE Act 2.0 changes regarding the setup deadlines?

0 coins

Kylo Ren

•

I use Fidelity for my Solo 401k and have been happy with them. Their platform is user-friendly and they don't charge setup or annual fees for the basic Solo 401k. They're definitely aware of the SECURE Act 2.0 changes - I spoke with them just last month about setting up a plan for 2024 in early 2025 and they confirmed it was possible. One thing to note: Fidelity's Solo 401k doesn't offer a Roth option or loan provision, so if those features are important to you, you might want to look elsewhere. Vanguard is also good but has a higher minimum investment for some funds.

0 coins

Paige Cantoni

•

Thanks for the info! That's super helpful. I don't think I need the Roth option right now, so Fidelity might work well. Did you find their customer service helpful with the setup process? And did they have any special requirements for documenting that you were establishing the plan for the previous tax year?

0 coins

I can share my experience with Fidelity's customer service - they were actually quite knowledgeable about the SECURE Act 2.0 changes when I called them. The rep I spoke with walked me through the entire process and confirmed that I could establish a Solo 401k for 2024 even though we were already in 2025. As for documentation, they didn't require anything special beyond the normal Solo 401k application. Just make sure when you're filling out the forms that you clearly indicate the plan year as 2024. The key is being explicit about which tax year you're establishing the plan for. Fidelity's online application has a specific field for this, so it's pretty straightforward. Their customer service was responsive - I didn't have to wait too long to get through, and the rep seemed well-trained on retirement plan rules. Much better experience than I expected!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today