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benefits: Tax-Free Retirement Accounts for the Self-Employed

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Tax-Free Retirement Accounts for the Self-Employed

February 20, 2007

Updated on February 3, 2010.

THERE'S MORE to being your own boss than not having to answer to anybody: You can also set up your own tax-advantaged retirement program — and probably put aside more each year than you could working for somebody else.

Here are some details on the best self-employed retirement plan options out there based on the 2010 tax rules. (See table below.)

SEPs — Simple and Good

Simplified employee pensions — referred to as SEPs or SEP-IRAs — are generic retirement plans that allow you to contribute and deduct up to 20% of self-employment income (25% of salary if you're an employee of your own corporation). However, the percentage can be varied each year, so lower amounts (or nothing at all) can be contributed when you turn out to be starved for cash.The maximum dollar contribution is $49,000.

SEPs are great for procrastinators because they can be opened up as late as the extended due date of your income tax return. Finally, SEPs are much simpler to establish and administer than Keogh profit-sharing and pension plans. It literally takes only minutes to get one started — usually with no charge — with a bank, brokerage firm or insurance company. No annual government reports are required, and ongoing administrative expenses are nil. The bottom line is SEPs are just as easy as deductible IRAs, but they allow much bigger contributions.

Retirement Plan Options (Based on 2010 Rules)

PlanContribution LimitsPhaseout LimitsComments
SEP20%*/$49,000NoneSimple to establish and administer
Keogh20%*/$49,000 (or more)NoneCan be designated a profit-sharing plan, or a defined benefit plan. Generally requires a professional to set up, especially if you want a defined benefit plan.
Solo 401(k)$49,000/$54,500 if age 50 or older at year endNoneHigh contribution limits mean you can lower your tax bills and generate more tax-deferred earnings for your retirement stash.
Roth IRAs$5,000 for singles, $10,000 for couples$105,000-120,000 for singles, $167,000-177,000 for joint filersContributions are nondeductible, but earnings grow tax-free. You can contribute an extra $1,000 if you will be 50 or older as of Dec. 31, 2010.
Spousal Deductible IRA$5,000$167,000 to $177,000If your spouse participates in a retirement plan at work but you do not, the joint AGI limits on a spousal IRA (for you) are $167,000 to $177,000. If you yourself already have another type of smText business retirement plan set up, such as a SEP or a 401(k), then your joint AGI phaseout is $89,000 to $109,000. An extra $1,000 can be added to the account annually if you will be age 50 or older at year end.

* 20% of self-employment income or 25% of compensation for employees.

Keogh Plans

Keogh plans are the self-employed equivalent of corporate retirement programs. They come in two basic flavors: profit-sharing plans and defined benefit pension plans. To get a deduction for the current tax year, the plan must be established before year's end. Once that's done, actual contributions can be deferred until the extended due date for that year's return.

Annual contributions to Keogh profit-sharing plans are based on a percentage of self-employment income or compensation and subject to a $49,000 ceiling. A plan document must be drafted in Year One (this may cost a couple hundred bucks), and the IRS demands an annual report (you can probably do this yourself).

Keogh defined benefit pension plans are designed to deliver a targeted annual retirement benefit, which can be as high as $195,000. Each year's contribution must be calculated by an actuary — the exact amount depends on your income, the target benefit, years until retirement and anticipated investment returns. Annual actuarial fees and the required IRS report can run up to a couple grand. Another negative: You're locked into making the actuarially determined contribution each year. However, if you make good bucks and are over 50, a defined benefit plan may be worth all the trouble — because it permits much bigger contributions than any other type of program. If you're younger, go with a SEP, profit-sharing Keogh or Solo 401(k).

Solo 401(k)

With a Solo 401(k) you can contribute up to 100% of the first $16,500 of your 2010 compensation or self-employment income ($22,000 if you'll be 50 or older at year-end). On top of that, you can contribute and deduct an additional amount of up to 25% of your compensation income, or 20% of your self-employment income.

You must establish your plan by Dec. 31, 2010, if you want to claim a 2010 tax deduction. For all the details, click here.

Roth IRAs — Retirement Plan Dessert

OK, you've now decided to set up a SEP, Solo 401(k) or Keogh plan. But in the true American tradition of greed you still want more, more, more retirement tax breaks. Fine. Take a good look at the Roth IRA. Contributions are nondeductible, but earnings build up tax-free and you can eventually take out all your money — including earnings — without owing Uncle Sam a dime.

For 2010, contributions up to $5,000 are allowed ($10,000 for couples), subject to phaseout between adjusted gross income of $105,000 and $120,000 for singles ($167,000 and $177,000 for joint filers). Fortunately, the phaseouts are high enough to leave most people untouched. The same relatively generous thresholds apply even if you have a SEP, 401(k) or Keogh plan (and even if your spouse is covered by a retirement plan through work of self-employment). So you can contribute the max to your SEP, 401(k) or Keogh and then pop an additional $5,000 (or $10,000) into a Roth IRA to boot. One more thing: You can contribute an additional $1,000 if you will be 50 or older at year end. So can your spouse if he or she passes the age test.

Spousal Deductible IRA

While the deductible IRA is a poor stepchild to other self-employed retirement-plan choices, you should know one thing: If your spouse contributes to a retirement plan at work but you do not, you can contribute $5,000 for 2010 ($6,000 if you will be age 50 or older at year-end) to a spousal deductible IRA, as long as your joint AGI is below $167,000. (The deduction is phased out between AGI of $167,000 and $177,000.) While this is all well and good, contributing to a Roth IRA may save more taxes in the long run.

If You Have Employees...

If your business has employees, a SEP, Solo 401(k) or Keogh generally must cover them as well — meaning you'll probably have to make contributions that don't just benefit yourself. All employee SEP contributions are immediately 100% vested. With both Keogh profit-sharing and pension plans as well as 410(k) plans, employees cause lots of complications. The tax guidelines may require you to pay in money on their behalf while limiting contributions for yourself. The existence of employees means you should consult a good employee benefits pro before initiating any type of retirement program (other than contributing to a traditional or Roth IRA for yourself).

Last 5 Comments
bscott Posted: 8:27 PM On January 2, 2010
I am self-employed (over 65) and have a SEP. My husband is 72 and we both have IRA's. I will put the maximum in my SEP for 2009 but business was slow for 2009 so we will be under the 166K of Adjusted Gross Income and wonder what my options are for doing an addition to an existing Roth (est in 2000) for 2009 - what are my limits for a Roth contriubtion. I am aware that it is after tax. In fact, I am a CPA but things seem to get tangled with all the options and not sure what is best in our case.
bscott Posted: 8:26 PM On January 2, 2010
I am self-employed (over 65) and have a SEP. My husband is 72 and we both have IRA's. I will put the maximum in my SEP for 2009 but business was slow for 2009 so we will be under the 166K of Adjusted Gross Income and wonder what my options are for doing an addition to an existing Roth (est in 2000) for 2009 - what are my limits for a Roth contriubtion. I am aware that it is after tax.

In fact, I am a CPA but things seem to get tangled with all the options and not sure what is best in our case.
bscott Posted: 8:26 PM On January 2, 2010
I am self-employed (over 65) and have a SEP. My husband is 72 and we both have IRA's. I will put the maximum in my SEP for 2009 but business was slow for 2009 so we will be under the 166K of Adjusted Gross Income and wonder what my options are for doing an addition to an existing Roth (est in 2000) for 2009 - what are my limits for a Roth contriubtion. I am aware that it is after tax.

In fact, I am a CPA but things seem to get tangled with all the options and not sure what is best in our case.
Jan Posted: 1:04 PM On November 17, 2009
I was an employee for 8 months in 2009 with a company with no employee retirement plan. What vehicle can I use to put away retirement and how much? Now, for the last four months of the year, I am/will be self employed. It sounds as though I will want to do a solo 401k putting away 25%. Is that the optimum vehicle? Is there a limit? thanks for the website.
Steven Duval Posted: 2:56 AM On May 2, 2009
One account completely ignored in this post is under tax rule 7702, usually called a 7702 Private Plan. This plan is particularly suited for a self employed individual for several reasons, better liquidity in the event cash is needed or there is an opportunity, unlimited contributions, and safety! In a properly structured 7702 Private Plan (using the equity index credit strategy) the account earns interest based on gains in the market without exposure to market risk, and the company administering the plan is highly regulated and must keep dollar for dollar reserves on the books. Great article with lots of great information for the self employed.
Dant Posted: 10:43 AM On April 4, 2009
Hi.

My wife is an employee who contributes to 401K. We are over the 176000 income limit. I am paid as slef-employed/part owner (3%) on a K1. Can I make any sort of retirement plan contribution? Perhaps a SEP? It is not my company ( I am a minority partner) as it were so do I have to accommodate the other employees?
FP Posted: 8:17 PM On February 1, 2009
I've same situation as 'Dave'. I like to discuss my options. Please let me know how to contact you.
Taxlady Posted: 2:24 PM On January 3, 2009
My brother contributes 16, ooo to Retirement plan 403(b) through his job as a professor. He also has a consulting company that has established Keough plan for himself. He owns the consulting business and is the only employee. He is 55 years old. Can he still contribute $ 50,000 to his keough plan for 2008 for his consulting although he has already contributed $ 16,000 to 403(b) plan sole employee of this company? He has enough net income form his consulting company for 2008 to go to the maximum contribution.
brucely Posted: 1:27 AM On October 29, 2008
Hi this is brucely.Can you please give me more information about this Taz-Free Retirement Accounts for the Self-Employed.Why because i am a unemploye.
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Brucely.
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Charles Posted: 2:58 PM On October 28, 2008
I am a young, self-employed minister and have a job at a church that does not contribute any sort of retirement. Currently I have no retirement savings, but we have a little bit of savings in the bank. My wife has a small retirement plan through her work, but she is part-time, so we're looking to save more. She also has a 403(b) from a former employer that we'd like to rollover. What are our best options? SEP and Roth?
katiesmily Posted: 11:14 PM On October 21, 2008
Thank you for introducing this site.Your site was quite interesting and informative.
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Katie
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Daryl Posted: 9:39 AM On October 8, 2008
Ed,

With a 'qualified retirement plan', you must include your employees, but with a 'non-qualified plan', you can choose not to. I'm working with a nightclub/restaurant owner out in TN right now that came to me because of the same situation. Send me an email at dmbrandon@entaire.com and I'll walk you through your options.
Ed Posted: 12:17 AM On October 8, 2008
I own a nightclub and have high employee turnover so I don't wish to provide employees with retirement benefits. What are my options??
Daryl Posted: 10:50 PM On October 7, 2008
Sure, you have options. Investigate 'non-qualified' retirement plans. They give you the ability to have 'selective eligibility' and 'uncapped contributions'. These plans are geared specifically towards the business owners.
BMorgan Posted: 4:17 PM On October 7, 2008
I am self employed and have 5 employees. I currently invest in a SEP and have 1 employee that is eligible for retirement benefits as well. I have another employee that will be eligible in the year 2009. I am looking for another option so that I am not paying out so much retirement benefits on my employees, while still investing as much as I can for myself. Currently my contribution is 25% of my income.

Any ideas?
BMorgan Posted: 4:16 PM On October 7, 2008
I am self employed and have 5 employees. I currently invest in a SEP and have 1 employee that is eligible for retirement benefits as well. I have another employee that will be eligible in the year 2009. I am looking for another option so that I am not paying out so much retirement benefits on my employees, while still investing as much as I can for myself. Currently my contribution is 25% of my income.

Any ideas?
Daryl Posted: 3:00 PM On September 26, 2008
Tricia,

Good question... The answer is yes; you have to offer the 401k to your employees. Even if they opt out of the 401k, you must maintain a certain participation percentage to maintain the tax benefits of the plan and there are also 3rd party admin fees associated with handling the 401k regardless of the participation rate. If you’d like options, shoot me an email and we will work together to find a solution for you and your business. Just remind me in your email that you’re Tricia from the ‘Smallbiz’ website; I’ll remember your issue.


Thanks,
dmbrandon@entaire.com
Daryl Posted: 2:21 PM On September 26, 2008
Tricia,

Good question... The answer is yes; you have to offer the 401k to your employees. Even if they opt out of the 401k, you must maintain a certain participation percentage to maintain the tax benefits of the plan and there are also 3rd party admin fees associated with handling the 401k regardless of the participation rate. If you’d like options, shoot me an email and we will work together to find a solution for you and your business. Just remind me in your email that you’re Tricia from the ‘Smallbiz’ website; I’ll remember your issue.


Thanks,
dmbrandon@entaire.com
Daryl Posted: 2:03 PM On September 26, 2008
Tricia,

Good question... The answer is yes; you have to offer the 401k to your employees. Even if they opt out of the 401k, you must maintain a certain participation percentage to maintain the tax benefits of the plan and there are also 3rd party admin fees associated with handling the 401k regardless of the participation rate. If you’d like options, shoot me an email and we will work together to find a solution for you and your business. Just remind me in your email that you’re Tricia from the ‘Smallbiz’ website; I’ll remember your issue.


Thanks,
dmbrandon@entaire.com
tricia Posted: 10:55 PM On September 25, 2008
I have a small business -all of my employees are teens and have worked for me for 2 years or less. Can I open a 401 for myself- or do I have to offer to them I guarantee they would not be interested- most of them only work 10 hours per week.
Daryl Posted: 3:56 PM On September 24, 2008
Dave,

Yes; you may have options, but it will depend on the stability of your side business. I assisted a business owner in your same situation not too long ago. Therefore, it is a possibility that we could work with you and your wife as well. We have the ability to reposition assets from your S corp in order to allow those business assets to work for you personally in a tax efficient manner for your retirement. Send me an email offline and I’ll explain how.

dmbrandon@entaire.com
Dave Posted: 5:40 PM On September 22, 2008
Here is a question: I have full time job and a 401 K. My wife and I also own our own S corp as a side business. We are the only employees. This business is just 'extra' money as we live off of my full time employment income, therefore we are looking to use the secondary income as retirement, investment, etc and or course take the least tax hit as possible. What is the best retirement program to accomplish this and can I be part of it since I already have a 401k at my full time job??
Dave Posted: 4:21 PM On September 22, 2008
Here is a question: I have full time job and a 401 K. My wife and I also own our own S corp as a side business. We are the only employees. This business is just 'extra' money as we live off of my full time employment income, therefore we are looking to use the secondary income as retirement, investment, etc and or course take the least tax hit as possible. What is the best retirement program to accomplish this and can I be part of it since I already have a 401k at my full time job??
Daryl Posted: 11:38 AM On August 29, 2008
There is also another tax effective retirement strategy in the marketplace for business owners ONLY. No employee involvement needed. There are no limits on contributions so it can also be used as a great catch-up strategy. Best of all, you will be using 'other people's money' to fund your own personal retirement. Go to www.financedplanning.com for more information and/or email me at dmbrandon@entaire.com set up a time to speak with me directly.
JEVD Posted: 6:29 PM On April 9, 2008
The title is somewhat misleading. Tax Free only applies to the earnings on a Roth IRA. You do pay tax on the contributions and there is no deduction.

You should point out that distributions from all of the other plans are generally taxable
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