Question:
Can a QCD (qualified charitable distribution) be made from a 401(k) plan?
Thanks!
Answer:
No, QCDs can only be made from IRAs and inactive SEP or SIMPLE IRAs. One possible workaround would be for you to roll over all or a portion of your 401(k) funds into an IRA and then do a QCD from the IRA.
Question:
We have a client who is self-employed. He has a 401(k) plan for himself and his wife. Is this 401(k) protected under ERISA from creditors?
Answer:
A solo 401(k) plan where just the business owner and spouse participate is not an ERISA plan, so it does not have ERISA protection against non-bankruptcy creditors. The plan would only have whatever creditor protection is available under state law. (The federal Bankruptcy Code does protect solo plan accounts in bankruptcy.) Hiring additional employees would turn the solo plan into an ERISA plan with ERISA creditor protection. But having an ERISA plan would also introduce new administrative requirements.
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