Understanding Individual 401(k) Plans

What is an individual 401(k) plan?

An individual 401(k) plan is a regular 401(k) plan combined with a profit-sharing plan. However, unlike a regular 401(k) plan, an individual 401(k) plan can be implemented only by self-employed individuals or small business owners who have no other full-time employees (an exception applies if your full-time employee is your spouse). If you have full-time employees age 21 or older (other than your spouse) or part-time employees who work more than 1,000 hours a year, you will typically have to include them in any plan you set up, so adopting an individual 401(k) plan will not be a viable option.

What makes an individual 401(k) plan attractive?

One feature that makes an individual 401(k) plan an attractive retirement savings vehicle is that in most cases your allowable contribution to an individual 401(k) plan will be as large or larger than you could make under another type of retirement plan.

With an individual 401(k) plan you can elect to defer up to $19,500 of your compensation to the plan for 2020 (up from $19,000 in 2019), just as you could with any 401(k) plan. If you reach age 50 or older by the end of 2020, you can make an additional catch-up contribution of $6,500. In addition, as with a traditional profit-sharing plan, your business can make a maximum tax-deductible contribution to the plan of up to 25% of your compensation (slightly less than that if you are a sole proprietor or unincorporated).

Because the amount of compensation deferred as part of a 401(k) plan does not count toward the 25% limit, you, as an owner-employee, can defer the maximum amount of compensation under the 401(k) plan, and still contribute up to 25% of total compensation to the profit-sharing plan on your own behalf. Total plan contributions for 2020 cannot, however, exceed the lesser of $57,000 or 100% of your compensation ($56,000 for 2019), plus any catch-up contributions if you’re 50 or older.

For example, Dan is 35 years old and is the sole owner of an incorporated business. His compensation in 2020 is $80,000. Dan sets up an individual 401(k) plan for his retirement. Under current tax law, Dan’s plan account can accept a tax-deductible business contribution of $20,000 (25% of $80,000), plus a 401(k) elective deferral contribution of $19,500. As a result, total plan contributions on Dan’s behalf equal $39,500, which falls within Dan’s contribution limit of $57,000 (the lesser of $57,000 or 100% of his compensation).

These contribution possibilities aren’t unique to individual 401(k) plans; any business establishing a regular 401(k) plan and a profit-sharing plan could make similar contributions. But individual 401(k) plans are simpler to administer than other types of retirement plans. Since they cover only a self-employed individual or business owner and his or her spouse, individual 401(k) plans are not subject to the often burdensome and complicated administrative rules and discrimination testing that are generally required for regular 401(k) and profit-sharing plans.

Other advantages of an individual 401(k) plan

Large potential annual contributions and straightforward administrative requirements are appealing, but individual 401(k) plans have other advantages, which are shared by many other types of retirement plans:

• An individual 401(k) is a tax-deferred retirement plan, so you pay no income tax on plan contributions or earnings (if any) until you withdraw money from the plan [qualified distributions from Roth 401(k) accounts are entirely free from federal income taxes]. And, your business’s contribution to the plan is tax deductible.
• Contributions to an individual 401(k) plan are completely discretionary. You should always try to contribute as much as possible, but you always have the option of reducing or even suspending plan contributions if necessary.
• An individual 401(k) plan can allow loans and may allow hardship withdrawals if necessary.*
• An individual 401(k) plan can accept rollovers of funds from another retirement savings vehicle, such as an IRA, a SEP, or a previous employer’s 401(k) plan.

Disadvantages of an individual 401(k) plan

Despite its attractive features, an individual 401(k) plan is not the right option for everyone. Here are a few potential drawbacks:

• An individual 401(k) plan, like a regular 401(k) plan, must follow certain requirements under the Internal Revenue Code (IRC). Although these requirements are much simpler than they would be for a regular 401(k) plan with multiple participants, there is still a cost associated with establishing and administering an individual 401(k) plan.
• Institutions offering individual 401(k) plans often provide limited investment choices. However, investment options are likely to increase in the future as demand for the individual 401(k) increases among small business owners.
• Self-employed individuals and small business owners with significant compensation can already contribute a maximum of $57,000 (for 2020; $56,000 in 2019) by using a traditional profit-sharing plan or SEP plan. An individual 401(k) plan will not allow contributions to be made above this limit (an exception exists for catch-up contributions that can be made by individuals age 50 or older).
• An individual 401(k) may not meet your future needs. If your business grows and you hire a full-time employee who is not your spouse, that employee will generally need to be included in your plan. If that happens, you no longer have an individual 401(k) plan; you have a regular 401(k) plan and profit-sharing plan, and you lose the benefit of the individual 401(k) plan’s simplified administration rules.
• In general, individual 401(k) plans are not subject to the Employee Retirement Income Security Act of 1974 (ERISA). While this means there are less administrative requirements, it also means that these plans may have less creditor protection than 401(k) plans that are covered by ERISA. If creditor protection is important to you, consult a qualified professional.

*Due to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, penalty-free withdrawals of up to $100,000 may be allowed in 2020 for qualified individuals affected by COVID-19. In addition, loans of up to 100,000 or 100% of your vested account balance may be allowed between March 27, 2020, and September 22, 2020. Participants with outstanding loans held as of March 26, 2020, may be able to postpone any payments due between March 27 and December 31, 2020, for one year.