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The Journal / Retirement Tax

Solo 401(k) vs SEP-IRA for Your Overemployed Side Income: Why Your Maxed Work Plan Picks the Winner.

By Ewan Morkel, EA7 min read

On paper a Solo 401(k) shelters far more than a SEP-IRA. But once your W-2 jobs have used up your elective deferral, both plans hold exactly the same contribution on your 1099 income, and the real decision comes down to one thing the SEP quietly breaks: the backdoor Roth.

An Overemployed engineer has already maxed the 401(k) at both of his W-2 jobs, and on the side he nets $100,000 from a corp-to-corp consulting contract. He wants to shelter some of that profit, and the internet hands him the usual answer: open a Solo 401(k), because it lets you contribute far more than a SEP-IRA. That advice is correct for a typical freelancer and quietly wrong for him, because the very feature that makes a Solo 401(k) bigger is the one feature he has already used up. For his exact situation, the two plans hold the same amount, and the choice turns on something else entirely.

The textbook answer

Why a Solo 401(k) usually wins.

A Solo 401(k) has two contribution lanes. As the employee, you can make an elective deferral, up to $24,500 for 2026, and as the employer you can make a profit-sharing contribution of roughly 20% of your net self-employment earnings, with the combined total capped at the $72,000 annual additions limit. A SEP-IRA has only the second lane: an employer contribution of about 20% of net earnings, with no deferral piece at all. For a freelancer earning a moderate amount, that deferral lane is decisive. On $60,000 of profit, a Solo 401(k) can absorb the full $24,500 deferral plus a profit-sharing piece, while a SEP is limited to roughly $12,000. The Solo 401(k) shelters two to three times as much. That is the comparison the standard advice is built on.

Why it does not apply to you

Your deferral is already gone.

Here is the catch the standard advice never accounts for. The $24,500 elective deferral is a per-person limit under IRC §402(g), shared across every plan you touch in the year, and your two W-2 jobs have already consumed it. You cannot make any elective deferral into the Solo 401(k) without creating an excess deferral, so that entire advantage evaporates. What is left in the Solo 401(k) is only the employer profit-sharing lane, about 20% of your net self-employment earnings. And that is computed exactly the same way as the SEP-IRA's employer contribution. Same percentage, same earnings base, same $72,000 ceiling. The two plans now hold an identical amount, which is precisely the intuition a lot of Overemployed savers arrive at on their own, and it is correct. If that is your situation, book a free intro call and we will confirm it in a few minutes.

Same contribution, different plan: $100,000 of consulting profit, 2026.
Net self-employment profit
$100,000
Deduction for half of self-employment tax (Medicare only, SS already maxed)
≈ $1,350
Net earnings base for the contribution
≈ $98,650
Solo 401(k) elective deferral available (used at the W-2 jobs)
$0
Solo 401(k) employer profit sharing (≈ 20% of net earnings)
≈ $19,700
SEP-IRA employer contribution (≈ 20% of net earnings)
≈ $19,700
Identical deductible contribution either way
≈ $19,700

2026 figures for a single filer whose W-2 wages already exceed the $184,500 Social Security wage base, so self-employment tax on the side income is the 2.9% Medicare portion only and the deduction for half of it is small. The self-employed employer contribution is effectively 20% of net earnings after that deduction, capped at the $72,000 §415(c) limit. The $24,500 elective deferral is unavailable because it is a per-person limit already used at the W-2 jobs. Illustrative.

When the contribution room is identical, the tiebreaker should be simplicity, and on that score the SEP-IRA wins outright. A SEP never files a Form 5500, can be opened and funded as late as the extended due date of your return, and needs no plan document to maintain. A Solo 401(k) has to file a Form 5500-EZ once its assets pass $250,000 and carries a bit more administrative weight. So the default, for an Overemployed worker who has maxed the deferral at work, would be the SEP, unless one specific thing is true. For a lot of high earners, that one thing is true.

The tiebreaker

The SEP quietly breaks the backdoor Roth.

An Overemployed high earner is almost certainly over the Roth IRA income limit. For 2026 direct Roth contributions phase out between $153,000 and $168,000 of modified AGI for single filers and between $242,000 and $252,000 for joint filers, and two W-2 jobs blow past those figures easily. So the way these savers get money into a Roth is the backdoor: a nondeductible traditional IRA contribution converted to Roth. The problem is the pro-rata rule. A SEP-IRA is an IRA, and its entire balance is swept into the pro-rata calculation on Form 8606 that decides how much of any conversion is taxable. Park $19,700 a year in a SEP and your backdoor Roth conversions become mostly taxable, which defeats the whole point.

A Solo 401(k) is not an IRA, so it is invisible to the pro-rata rule. Your backdoor Roth conversions stay clean no matter how large the Solo 401(k) grows. That single difference is the reason a Solo 401(k) is the right answer for most Overemployed high earners despite the identical contribution and the extra paperwork: it protects the backdoor Roth that a SEP would poison. The Solo 401(k) also offers a Roth sub-account, a possible mega-backdoor-Roth lane if the plan document allows after-tax contributions, and the option of a participant loan, none of which a SEP provides. The rule of thumb is simple. If you do not and will not do a backdoor Roth, take the SEP for its simplicity. If you do, take the Solo 401(k) and keep the conversion clean.

This decision usually sits one step downstream of a bigger one. Once you have run the S-corp viability math and concluded that staying a sole proprietor is the right call, as it often is for an Overemployed worker whose wages already maxed Social Security, the consulting profit still needs somewhere to go, and this is that somewhere. It pairs with the same reasonable-compensation and payroll-tax questions I walk through in the S corp Medicare tax loophole, and with the deferral limits in the Overemployed 401(k) trap.

Frequently asked

Quick answers on this topic.

Is a SEP-IRA or Solo 401(k) better if I already max my 401(k) at work?

For contribution room they are identical. Once your W-2 jobs use up the $24,500 elective deferral, both plans can only take the employer contribution of about 20% of your net self-employment earnings. Choose the Solo 401(k) if you do a backdoor Roth, because a SEP balance interferes with it, and choose the SEP for its simplicity if you do not.

Does a SEP-IRA interfere with a backdoor Roth?

Yes. A SEP-IRA is a traditional IRA, so its balance is included in the pro-rata calculation on Form 8606 that determines how much of a Roth conversion is taxable. A large SEP balance makes most of your backdoor Roth conversion taxable. A Solo 401(k) is not an IRA and is excluded from that calculation, so it leaves the backdoor Roth clean.

How much can I contribute on 1099 income if my W-2 maxed my deferral?

About 20% of your net self-employment earnings, up to the $72,000 annual additions limit for 2026. The elective deferral portion is unavailable because the $24,500 limit is per person and already used at your W-2 jobs, so only the employer profit-sharing or SEP contribution remains, and it is the same in either plan.

Can I still make employee contributions to a Solo 401(k)?

Not if you already maxed the $24,500 elective deferral at your W-2 jobs. That limit is a single per-person cap across all 401(k) plans, including a Solo 401(k). Any deferral into the Solo 401(k) on top of a maxed work plan would be an excess deferral. Only the employer profit-sharing contribution is available to you.

Which has less paperwork, a SEP-IRA or a Solo 401(k)?

The SEP-IRA. It never files a Form 5500 and can be opened and funded up to the extended due date of your return. A Solo 401(k) must file a Form 5500-EZ once plan assets exceed $250,000 and involves a plan document, so it carries somewhat more administration in exchange for its Roth and loan features.

Retirement tax planning

Getting the conversion right before year-end.

Roth conversions, the pro-rata rule, and backdoor contributions all turn on moves made before December 31. We model the tax, sequence the rollovers, and file the Form 8606, so the strategy holds up when the return is filed.

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