jc19int
Returning Member

Hiring spouse as contractor and solo 401k

I own my single member LLC with net profit of about $10,000. I will put about $9,300 (max allowed) in my solo 410k as an employee contribution in 2024. Spouse also owns a different single member LLC with profit of about $80,000. Spouse will put the full $23,000 + profit sharing of $15,000 ($38,000 total) in own solo 401k. Situation: this year I have been helping spouse doing certain tasks in spouse business, maybe $5,000 worth of work. Can spouse issue me a 1099 NEC this year and can I put that extra $5,000 in my solo 401k. Of course, this would reduce spouse net profit and reduce the profit sharing portion for spouse solo 401k. On a net basis, this would increase our total solo 401k contributions as a couple. We file married jointly.