Before you start
What to know first
- LLC owners who are self-employed can establish and fund tax-advantaged retirement plans for themselves — and, if they have employees, for their employees. Contributions to these plans reduce your taxable income in the year of contribution, which reduces both income tax and (for plans funded with net self-employment earnings) your SE tax base. This is one of the most powerful and underused tax deductions available to LLC owners.
- The three primary retirement plan types for LLC owners are: (1) Solo 401(k) — highest contribution limits of any plan; available only to self-employed individuals with no employees other than a spouse; has both employee and employer contribution components. (2) SEP-IRA (Simplified Employee Pension) — simple to set up and maintain; employer-only contributions; available to single-member and multi-member LLCs with employees. (3) Defined Benefit Plan — pension-style plan with actuarially determined contributions; highest possible annual tax deduction (can exceed $200,000/year for high earners); requires a TPA and is most valuable for high-income, older LLC owners.
- 2026 contribution limits: Solo 401(k) — employee elective deferral up to $23,500 ($31,000 with age 50+ catch-up of $7,500); employer contribution up to 25% of net self-employment income; total combined limit (employee + employer) capped at $70,000 ($77,500 with catch-up). SEP-IRA — employer contribution up to 25% of net self-employment income or $70,000, whichever is less. Defined Benefit Plan — actuarially determined; the 2026 annual benefit limit is $275,000, meaning contributions can be very large for high earners.
- For a disregarded SMLLC (Schedule C filer), the employer contribution to a SEP-IRA or the employer component of a Solo 401(k) is calculated as 25% of net self-employment income after the SE deduction — which works out to approximately 20% of net profit before the SE deduction (not 25% of gross revenue). This is a common source of calculation errors. Use IRS Publication 560 and the Rate Worksheet to compute the exact employer contribution percentage.
- For an LLC with an S-Corp election, the retirement contribution mechanics change: the employer contribution is based on W-2 compensation (salary), not net LLC profit. This means the S-Corp owner can contribute both as an employee (elective deferral from salary) and as an employer (employer match or profit-sharing from the S-Corp). The employer match (25% of W-2 salary) is deductible for the S-Corp as a business expense, which reduces the LLC's net income reported on K-1 to the owner.
- Multi-member LLCs can establish SEP-IRAs and 401(k) plans, but every eligible employee (including all LLC members who are active participants) must receive proportional contributions. The nondiscrimination rules prevent the LLC from offering a rich SEP-IRA to the owner-members while excluding rank-and-file employees. For a multi-member LLC with employees, a 401(k) with a matching formula often works better than a SEP-IRA because the matching requirement is satisfied by the matching structure.
- A Solo 401(k) is only available to an LLC with no full-time employees other than the owner (and the owner's spouse, who may also participate). If your LLC adds a full-time non-owner, non-spouse employee, you must convert the Solo 401(k) to a traditional 401(k) with a TPA and potentially meet nondiscrimination testing requirements.
- Retirement plan contributions must be made by the tax return due date plus extensions. For Schedule C filers (disregarded SMLLC), the deadline for SEP-IRA and employer Solo 401(k) contributions is April 15 (October 15 with extension). The Solo 401(k) employee elective deferral must be formally elected by December 31 of the contribution year, though the actual contribution can be made by the return filing deadline.
Documents
What you'll need
- Solo 401(k) plan document — provided by your brokerage when you open the account; establishes the plan terms, election provisions, and contribution formulas; keep in your LLC records permanently
- Solo 401(k) employee elective deferral election — a written election specifying your annual deferral amount; must be made by December 31 of the contribution year; your brokerage may provide a standard form
- SEP-IRA plan document (Form 5305-SEP) — a one-page IRS model document establishing the SEP plan; available free at irs.gov; must be completed and retained; does not need to be filed with the IRS
- Schedule C net profit figure — for disregarded SMLLC owners, this is your starting point for calculating the employer contribution percentage to a SEP-IRA or Solo 401(k); also needed for the SE deduction calculation
- W-2 from LLC (for S-Corp owners) — S-Corp owner contributions are based on W-2 compensation, not net LLC profit; the W-2 from your LLC is the basis for both the employee elective deferral and the employer contribution calculation
- IRS Publication 560 (Retirement Plans for Small Business) — the definitive IRS reference for SEP-IRA and Solo 401(k) rules, rate worksheets, and contribution limits; free at irs.gov
- Form 5500-EZ (Annual Return of One-Participant Retirement Plan) — required only when Solo 401(k) plan assets exceed $250,000 at year-end; filed electronically with the IRS by July 31 of the following year
Process
Step by step
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Choose the right plan type for your LLC structure Decision framework: (1) Disregarded SMLLC, no employees, net profit under $200K/year → SEP-IRA or Solo 401(k). SEP-IRA is simpler; Solo 401(k) allows larger contributions at moderate income levels due to the employee elective deferral component. (2) Disregarded SMLLC or S-Corp LLC, no non-spouse employees, want maximum contribution → Solo 401(k). Employee deferral ($23,500 in 2026) + employer profit-sharing (up to 25% of W-2 or ~20% of net SE) can reach $70,000 total. (3) High-income LLC owner ($250K+ net profit), age 50+, want to shelter maximum income → Defined Benefit Plan alone or in combination with a Solo 401(k). Can shelter $150,000–$275,000+/year. (4) Multi-member LLC or LLC with non-owner employees → SEP-IRA (all eligible employees must receive proportional contributions) or traditional 401(k) with a TPA. Solo 401(k) is not available with non-spouse employees.
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Open a Solo 401(k) or SEP-IRA account at a brokerage For a Solo 401(k): open at Fidelity (their 'Self-Employed 401(k)'), Charles Schwab ('Individual 401(k)'), or Vanguard ('Individual 401(k)'). Each provides a plan adoption agreement and plan document at no cost. Use your LLC's EIN (not your SSN) as the plan's employer identifier. For a SEP-IRA: open at Fidelity, Schwab, Vanguard, Betterment, or Wealthfront. Complete IRS Form 5305-SEP (one page, self-administered model) or use your brokerage's equivalent. The SEP-IRA is opened and funded by the tax return due date for the year — the same-year-open and same-year-fund simplicity is the SEP's biggest advantage. For both plan types, designate your investment options (index funds are recommended for most LLC owners — low cost, broadly diversified, tax-efficient).
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Calculate your maximum contribution for the year Solo 401(k) for disregarded SMLLC owner: (a) Employee elective deferral: up to $23,500 (2026), or 100% of net SE income if less. Age 50+: add $7,500 catch-up = $31,000. (b) Employer profit-sharing: up to 20% of net self-employment income (after SE deduction and SE half-deduction adjustment — use IRS Pub 560 Rate Worksheet to get the exact percentage, which works out to 20% of net profit before deductions for self-employed). (c) Total combined: capped at $70,000 (2026); $77,500 with 50+ catch-up. Example: $120,000 net LLC profit. SE deduction = $8,478. Adjusted net = $111,522. Employer contribution = $111,522 × 20% = $22,304. Plus employee deferral $23,500. Total = $45,804. SEP-IRA: same employer contribution formula but no employee deferral component. Max = min(25% of adjusted net SE, $70,000). At $120K net profit: ~$22,304.
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Make the employee elective deferral election by December 31 For a Solo 401(k), the employee elective deferral must be formally elected in writing by December 31 of the contribution year — even if you do not fund it until April 15. Log into your brokerage account and complete the deferral election form specifying the dollar amount or percentage you plan to contribute. The employer profit-sharing contribution does not require a December 31 election — it can be determined and funded any time before the tax return filing deadline (April 15, or October 15 with extension). For a SEP-IRA, there is no December 31 election requirement — the contribution decision can be made any time up to the return due date. This is one of the SEP's practical advantages: you can fund it on April 14 after seeing your final net profit.
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Fund the contribution and deduct it on your tax return Transfer the contribution amount from your LLC bank account (or personal bank account) to your Solo 401(k) or SEP-IRA account at the brokerage. For a disregarded SMLLC: deduct Solo 401(k) and SEP-IRA contributions on Schedule 1 of Form 1040 (above-the-line deduction — reduces AGI without itemizing). For an S-Corp LLC: the employer profit-sharing contribution is paid by the S-Corp and deducted as a business expense on Form 1120-S (reduces net income passing through to you on K-1); the employee elective deferral is taken from your W-2 salary. The combined deduction reduces both income tax and, for the self-employed employer contribution, the SE tax base. A $20,000 Solo 401(k) employer contribution at a 24% income tax rate saves $4,800 in income tax in the contribution year.
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Evaluate a Defined Benefit Plan if net profit consistently exceeds $250,000 A Defined Benefit Plan (DBP) allows contributions far in excess of the Solo 401(k) limit because the target is a specific annual retirement benefit (up to $275,000/year), and the required contribution is actuarially calculated to fund that benefit over your remaining working years. The older you are and the higher your income, the larger your required (and deductible) contribution. Example: LLC owner, age 55, $400,000 net profit — a DBP might allow a $200,000+ annual deductible contribution, compared to a Solo 401(k) maximum of $70,000. Combining a DBP with a Solo 401(k) is common for maximum tax sheltering. Tradeoff: the DBP requires a TPA ($1,500–$3,000/year), has minimum contribution requirements each year regardless of income, and is complex to administer. Engage a TPA or pension actuary to model whether the tax savings justify the overhead for your situation.
Costs
What it costs
| Item | Amount | Notes |
|---|---|---|
| Solo 401(k) — setup and annual maintenance | $0 at major brokerages | Fidelity, Charles Schwab, and Vanguard all offer Solo 401(k) plans with no setup fee and no annual maintenance fee. You invest in their fund families. Annual IRS filing: Form 5500-EZ required only when plan assets exceed $250,000 — filed electronically, $0 fee. For self-directed Solo 401(k) (invest in real estate, private equity, or non-traditional assets): specialized custodians charge $300–$2,000+/year in setup and maintenance fees. |
| SEP-IRA — setup and annual maintenance | $0 at most brokerages | SEP-IRAs are available at virtually every brokerage (Fidelity, Schwab, Vanguard, Betterment, Wealthfront) with no setup or annual fee. You open a SEP-IRA account and contribute by the tax return filing deadline. No annual IRS filing required until assets exceed $250,000. Simpler than a Solo 401(k) — no plan document, no election timing requirements. |
| Defined Benefit Plan — Third Party Administrator (TPA) | $1,500–$3,000/year | A Defined Benefit Plan requires an enrolled actuary (via a TPA) to calculate the maximum deductible contribution each year based on your age, income, and plan design. TPA fees range from $1,500/year for simple plans to $3,000+/year for complex designs. The TPA also prepares annual actuarial certifications and Form 5500. The deduction benefit at high incomes ($300K+/year) often dwarfs the TPA cost — an LLC owner in their 50s can shelter $100,000–$250,000+ per year. Fidelity and large TPA firms can recommend suitable providers. |
| Guideline or Slavic401k — 401(k) for LLCs with employees | $149–$199/month + $8/employee | If your LLC grows to include employees and must convert a Solo 401(k) to a traditional 401(k), providers like Guideline ($149/month base) and Slavic401k handle nondiscrimination testing, Form 5500, and participant management. |
FAQ
Common questions
What retirement plan has the highest contribution limit for LLC owners?
A Defined Benefit Plan allows the largest total annual tax deduction — potentially $150,000–$275,000+ per year for high-income, older LLC owners. However, a Defined Benefit Plan requires an enrolled actuary (via a TPA), costs $1,500–$3,000/year to administer, and has mandatory minimum contributions. For most LLC owners without employees, the Solo 401(k) is the best balance of contribution limit and simplicity: in 2026, the combined employee deferral ($23,500, or $31,000 with 50+ catch-up) plus employer profit-sharing (up to 25% of W-2 or ~20% of net SE income) allows contributions up to $70,000 ($77,500 with catch-up) — significantly more than a SEP-IRA, which has no employee deferral component.
What is the 2026 Solo 401(k) contribution limit?
The 2026 Solo 401(k) limits are: (1) Employee elective deferral: $23,500 (unchanged from 2025), or $31,000 if you are age 50 or older (includes $7,500 catch-up). (2) Employer profit-sharing contribution: up to 25% of W-2 compensation (for S-Corp owners) or approximately 20% of net self-employment income (for Schedule C filers, after the SE deduction adjustment per IRS Pub 560). (3) Combined employee + employer: capped at $70,000 in 2026 ($77,500 with age 50+ catch-up). Example: if you are under 50 and your net LLC profit is $200,000, the maximum total contribution is approximately $23,500 (employee deferral) + $33,000 (employer: $200K × ~20% after adjustments, but capped so total = $70K) = $56,500.
What is the difference between a Solo 401(k) and a SEP-IRA?
Both allow LLC owners to make tax-deductible retirement contributions, but they differ significantly: (1) Employee deferral: Solo 401(k) has an employee elective deferral component ($23,500/year in 2026); SEP-IRA does not. This makes the Solo 401(k) far superior for moderate-income earners — an LLC owner with $60,000 net profit can contribute $23,500 (employee deferral) + ~$9,500 (employer share) = ~$33,000 to a Solo 401(k), but only ~$9,500 to a SEP-IRA. (2) Catch-up: Solo 401(k) allows a $7,500 catch-up for age 50+; SEP-IRA does not have a catch-up contribution. (3) Employees: Solo 401(k) is only for LLCs with no non-spouse employees; SEP-IRA can cover employees but requires proportional contributions. (4) Simplicity: SEP-IRA is simpler — no plan document, no December 31 election, can be opened and funded at tax time. The Solo 401(k) provides larger deductions but requires more administrative attention.
Can I contribute to a Solo 401(k) if I have employees in my LLC?
Only if your employees are your spouse and/or if all other workers are independent contractors (not employees). A Solo 401(k) — also called a One-Participant 401(k) — is designed for self-employed individuals with no full-time employees other than a spouse. If your LLC employs any non-spouse workers who meet the eligibility threshold (typically 1 year of service and age 21), they must be covered by the plan, converting it from a Solo 401(k) to a traditional 401(k) that requires nondiscrimination testing, a TPA, and greater administrative complexity. If you are considering adding employees to an LLC that has a Solo 401(k), consult a plan administrator before the hire date.
How does an S-Corp election affect retirement plan contributions?
For an S-Corp LLC owner, retirement plan contributions are based on W-2 compensation (salary), not net LLC profit. This changes the math significantly. Solo 401(k): employee elective deferral is up to $23,500 from your W-2 salary (pre-tax withholding from paycheck); employer profit-sharing is up to 25% of your W-2 salary. Example: $80,000 W-2 salary; employee deferral = $23,500; employer = $80,000 × 25% = $20,000; total = $43,500. The employer contribution is paid by the S-Corp and deducted as a business expense, reducing net S-Corp income on K-1. SEP-IRA for S-Corp: employer contribution = 25% of W-2 salary (same formula). A higher W-2 salary means a higher potential employer retirement contribution — this is one reason to not set the S-Corp salary too low even while trying to minimize FICA.
When can I withdraw from my Solo 401(k) or SEP-IRA without penalty?
Both the Solo 401(k) and SEP-IRA are traditional (pre-tax) accounts: contributions are deducted in the year made; earnings grow tax-deferred; withdrawals are taxed as ordinary income. You can take penalty-free distributions starting at age 59½. Before age 59½: distributions are subject to ordinary income tax plus a 10% early withdrawal penalty. Exceptions to the 10% penalty include: disability, substantially equal periodic payments (SEPP / 72(t)), qualifying medical expenses, first-time home purchase (IRA only, $10,000 lifetime limit), and a few others. For Solo 401(k)s specifically, you may also borrow from the plan (up to 50% of the account balance, max $50,000) without triggering income tax or penalty — a feature SEP-IRAs do not offer. Required Minimum Distributions (RMDs) begin at age 73 for both plan types.
Provenance
Legal basis & official sources
Last verified 2026-05-07.
IRC §401(k) (401(k) plan rules — elective deferral mechanics and limits). IRC §402(g) (Elective deferral limit — $23,500 in 2026; indexed annually for inflation). IRC §415(c) (Annual additions limit to defined contribution plans — $70,000 in 2026). IRC §408(k) (SEP-IRA — simplified employee pension rules; contribution limit = lesser of 25% of compensation or $69,000 adjusted). IRC §404(a)(8) (Self-employed individual deduction for SEP contribution — 25% of net earnings from self-employment). IRC §401(a)(4) (Nondiscrimination rules — plans must not discriminate in favor of highly compensated employees). IRC §415(b) (Defined benefit plan annual benefit limit — $275,000 in 2026). IRC §404(o) (Combination plans — limits on combined deductions when maintaining both a defined benefit and defined contribution plan). IRS Publication 560 (Retirement Plans for Small Business — SEP, SIMPLE, and qualified plans). IRS Notice 2025-81 (2026 retirement plan contribution limits — cost-of-living adjustments).
Direct filing portal: https://www.irs.gov/forms-pubs/about-form-5500-ez
If you skip this
- Foregone tax deduction — every dollar not contributed to a retirement plan is a dollar of net LLC profit taxed at your marginal rate (22%–37% federal + state); at $100K net profit and a 24% rate, a $20,000 Solo 401(k) contribution saves $4,800/year in income tax — money that compounds tax-deferred inside the plan
- Missed SE tax savings — for disregarded SMLLC owners, the employer contribution to a Solo 401(k) or SEP-IRA also reduces net SE income (because the contribution is deducted before SE tax is computed in the rate worksheet); a $20,000 employer contribution reduces SE tax by approximately $2,826 (20,000 × 14.13%)
- Contribution deadline forfeiture — Solo 401(k) employee deferral elections not made by December 31 cannot be backdated for the contribution year; missing the December 31 election costs you up to $23,500 in pre-tax contributions for that year with no remedy
- Solo 401(k) disqualification by hiring employees — adding a non-spouse full-time employee while maintaining a Solo 401(k) is a plan disqualification risk; the Solo 401(k) must be converted to a traditional 401(k) before the employee becomes eligible under the plan's eligibility rules
- Defined Benefit Plan minimum funding failure — unlike a Solo 401(k) or SEP-IRA where contributions are optional, a Defined Benefit Plan has actuarially required minimum contributions each year; failing to make the minimum contribution triggers an excise tax of 10% of the funding shortfall
§ A Related guides
- LLC Tax Filing Guide — Schedule C, Form 1120-S, and where retirement deductions appear→
- LLC Self-Employment Tax Guide — employer retirement contributions also reduce SE tax base→
- How to Pay Yourself from an LLC — owner draws, S-Corp salary, and retirement funding→
- LLC Reasonable Compensation Guide — W-2 salary determines S-Corp retirement contribution base→
- LLC Quarterly Estimated Taxes Guide — retirement contributions reduce your quarterly estimate base→
- EIN Application Guide — required to open retirement accounts in the LLC's name→
- Business Bank Account Guide — fund retirement contributions from your LLC account→
- California LLC Formation (Los Angeles) — 2026 Filing Guide→
- Florida LLC Formation (Miami) — 2026 Filing Guide→
- Texas LLC Formation (Austin) — 2026 Filing Guide→
- New York LLC Formation (Manhattan) — 2026 Filing Guide→
- All LLC guides→
§ B Building permits
§ C Companion tools
Disclaimer: Informational only, not legal or tax advice. Rules change, so confirm with a business attorney or CPA before you act.