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Use my Self-Directed 401K as part of the down payment for my new home

9/27/2020

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QUESTION:

I will be buying a new home, soon.  How can I use my self-directed 401K as part of the down payment?

ANSWER:

Here are some possible options for tapping into your self-directed 401k (aka solo 401k plan) for accessing funds for your primary residence purchase:

Over age 59 1/2: If the solo 401k account holder is over age 59 1/2, he or she can distribute any of the solo 401k funds penalty free (that is, the 10% early distribution penalty is waived). Of course, federal taxes, and possibly state taxes also apply.

Under Age 59 1/2: On the other hand, if the account holder is under age 59 1/2, he or she can distribute any funds previously transferred to the solo 401k from an IRA or a former employer plan; however, the 10% early distribution penalty applies on top of federal taxes, and possibly state taxes.

Under Age 59 1/2 and Distribution Exception: If your solo 401k only contains annual contributions and you are under age 59 1/2, you can use the "Principal Residence" exception to access funds for use in the purchase of your primary residence. However, the 10% early distribution penalty still applies as well as federal taxes, and possibly state taxes.


Participant Loan: Just like traditional 401k plans allow for loans, the account holder may borrow from his solo 401k plan even before the occurrence of a distribution-triggering event. Under the solo 401k participant loan rules, the solo 401k account holder can borrow 50% of his solo 401k balance not to exceed $50,000.
For example, if the balance of your solo 401k (including investments) is $125,000, the maximum that you can borrow from your solo 401k plan is $50,000.
On the other hand, if the balance of your solo 401k is $90,000 (including investments), the maximum loan amount available is $45,000. VISIT HERE to learn more about the solo 401k participant loan rules.



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    Author


    George Blower is a principal of My Solo 401k Financial LLC and also serves as the General Counsel with responsibility for providing all legal services to the organization.  

    Prior to joining My Solo 401k Financial, he served as general counsel for a subsidiary of a Fortune 500 financial services company.  

    He received his bachelor’s degree in economics at the University of Michigan in 1998 with honors. He received his juris doctorate from Harvard Law School in 2001. He is a member of the Michigan and Ohio bar associations.

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