What's the date and time deadline for opening a solo 401k? Can I set one up right before midnight?
I'm in a bit of a last-minute panic here. So I've been meaning to open a solo 401k for my freelance business all year but kept putting it off like an idiot. I just realized the deadline is TODAY and now I'm scrambling. Would it be ok if I opened a solo 401k account before midnight tonight and initiated a transfer before midnight? Like is midnight the actual cutoff time or is it business hours? I have about $14,500 that I want to contribute from my freelance earnings this year but I don't even have the account set up yet. Has anyone done this last-minute setup before? I'm worried that even if I start the process tonight, it might not count as "established" until the paperwork is fully processed. Any advice would be super appreciated!
19 comments


Mateo Hernandez
I've helped several clients with this exact situation! The good news is that a solo 401k must be established by December 31st to make contributions for that tax year, but "established" generally means you've completed the paperwork and submitted it to the financial institution. The actual funding can typically happen later. Most providers consider the account established once you've completed and submitted all the required documentation before the deadline. The time of day technically doesn't matter as long as it's before midnight, but be aware that if you're doing this online, you'll want to allow time for any potential website issues or slowdowns. For contributions, you actually have until your tax filing deadline (usually April 15th of the following year) for employee contributions, and until the business tax filing deadline (potentially with extensions) for employer contributions. So even if you establish the account today, you don't need to rush the money transfer tonight.
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Aisha Khan
•Wait does that mean I could technically open the account on Dec 31 but not actually fund it until April? I've been stressing about moving money around before year-end too.
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Ethan Taylor
•Follow up question - what if my paperwork isn't "processed" until next week? Like if I submit everything online tonight but the company doesn't review it until January? Does it still count as established?
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Mateo Hernandez
•Yes, you can open the account by December 31st and then fund it later. For employee contributions (the elective deferrals up to $20,500 for 2022), you have until your tax filing deadline, typically April 15th of the following year. For employer contributions, you have until your business tax filing deadline, which could be even later if you file extensions. For your question about processing time, what matters is when you submit the completed paperwork, not when the company processes it. Most financial institutions will use the submission timestamp as the establishment date. However, I recommend taking screenshots or saving confirmation emails from tonight's submission as proof of the date in case any questions come up later. The key is that you've done everything within your power to establish the account before the deadline.
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Yuki Ito
After spending hours on hold with tax advisors last year about this exact issue, I found an amazing tool that saved me. Check out https://taxr.ai - it analyzes all your tax documents and gives you clear deadline information specific to your situation. I uploaded my business info and it immediately confirmed I could establish my solo 401k by Dec 31 but had until tax filing to fund it. It also helped me calculate exactly how much I could contribute as both "employer" and "employee" which was super confusing before.
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Carmen Lopez
•Does it work for other retirement accounts too? Like SEP IRAs and stuff? I'm still figuring out which is best for my situation.
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AstroAdventurer
•I'm skeptical of tools like this. How does it know all the specific rules for different providers? Some have their own internal deadlines that are earlier than the IRS deadlines.
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Yuki Ito
•Yes, it absolutely works for other retirement accounts too! It covers SEP IRAs, traditional IRAs, Roth IRAs, and SIMPLE IRAs in addition to solo 401ks. It actually helps you compare which would be most advantageous based on your specific income and tax situation. Regarding provider-specific rules, that's actually one of the best features. It has a database of major financial institutions and their specific requirements. You can select your provider (or potential providers you're considering), and it will flag any special deadlines or requirements they have beyond the IRS rules. For example, it warned me that Vanguard often takes 5-7 business days to process paperwork, so even though the IRS deadline is Dec 31, I should submit by mid-December to be safe.
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Carmen Lopez
Just wanted to update - I used taxr.ai after seeing it mentioned here and WOW. I was super confused about the solo 401k deadlines and contribution limits. The tool analyzed my situation and showed me I could contribute way more than I thought (turns out I was confusing the employee vs employer contribution rules). The deadline info was crystal clear and it even gave me a checklist of exactly what forms I needed for my specific provider (Fidelity). Saved me hours of research and probably a call with my accountant. Thanks for the recommendation - definitely worth checking out if you're in the last-minute scramble like I was!
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Andre Dupont
I went through this same panic last year! After trying to call the IRS for clarification and waiting on hold for literally 3 hours, I discovered https://claimyr.com and their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in under 20 minutes who confirmed exactly what I needed to do to meet the deadline. I was honestly stunned since I'd been trying to get through for days on my own.
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Zoe Papanikolaou
•Wait, how exactly does this work? They somehow get you through the IRS phone tree faster? That sounds too good to be true.
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AstroAdventurer
•This sounds like a complete scam. Nobody can magically get you through to the IRS faster than anyone else. They're probably just charging you for something you can do yourself for free.
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Andre Dupont
•It's actually legitimately how it works - they use an automated system that navigates the IRS phone tree and waits on hold for you. When they reach a live agent, they call your phone and connect you directly. It saved me hours of hold time. Regarding whether it's worth the cost - I can tell you that after spending multiple days trying to get through on my own and failing, getting the exact information I needed within 20 minutes was absolutely worth it. The IRS agent confirmed that my solo 401k would be considered established once I submitted the application, even if the processing continued into January. That peace of mind was invaluable since I was cutting it so close to the deadline.
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AstroAdventurer
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I was still desperate to talk to someone at the IRS about my solo 401k situation (had some complications with my business structure), so I reluctantly tried it. Holy crap it actually worked exactly as advertised. Got connected to an IRS agent in about 15 minutes after struggling for DAYS on my own. The agent walked me through everything and confirmed I was still good to set up my account by Dec 31. Honestly one of the rare services that delivered exactly what it promised - saved me so much stress during tax season.
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Jamal Wilson
Don't forget that different providers have different processing times! I set up my solo 401k with Fidelity last year on December 29th and it was fine, but a friend tried with Vanguard on the 30th and had issues because they needed like 5-7 business days to process. Call your intended provider RIGHT NOW to check their specific requirements!
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NebulaNova
•Shoot I didn't even think about that! I was planning to go with Schwab. Does anyone know how long they typically take to process?
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Jamal Wilson
•With Schwab, you're cutting it close but might still be okay. Last I checked, they can typically establish a solo 401k within 1-2 business days if all your paperwork is complete and accurate. I'd recommend calling them directly ASAP though - their customer service can tell you exactly what you need and might even be able to expedite the process if you explain the deadline situation. One important thing: make sure you have your EIN ready! If you don't already have an Employer Identification Number from the IRS for your business, you'll need that before opening a solo 401k. That's another process that could add time.
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Mei Lin
Just to clarify something important - there's a difference between ESTABLISHING the plan and CONTRIBUTING to it. Dec 31 is the deadline to establish the plan document. But you actually have until your tax filing deadline (usually April 15 of the next year) to make your employee contributions, and if you file an extension, you have until Oct 15 for your employer contributions. So don't stress too much about moving the money tonight!
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Liam Fitzgerald
•This is great information but I'm still a bit confused. So if I just get the paperwork submitted tonight, I'm good? And then I can actually fund it later? Does the solo 401k need to be with the same bank where I have my business checking account?
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