Solo 401k with Spouse

[RC17]

My spouse has a sole proprietorship with an EIN for his side gigs. He set up a solo 401k with his EIN and added me to the plan with my own account. I then had my own side gig and gave the company his EIN on the W9. My earnings were reported on a 1099 and was filled with our taxes that year (married, joint). Concurrently, we contributed a portion of my earnings from my side gig to my 401k under his plan (well under the 401k contribution limits rules).

My question is--was what we did correct per IRS guidelines? Can I use his EIN on W9s to give to companies for contract work? Is it okay for me to have an account under his solo 401k?

[katsiki]

Hmm...  you may want to post in the tax forum instead. 

Maybe one of our rockstar CPA's will chime in. 

@SeattleCPA
@CareCPA

[CareCPA]

If you're giving out the Sole Prop (SP) EIN on a W-9, then the checks coming in from doing that work should be made out to the SP.

That said, I'm not seeing a way that you can participate in a solo 401k under your spouse's SP. If you were a partner in the business, you could participate, but then it isn't a SP anymore. If you weren't a partner in the business, you would need to be an employee of the business, in which case I would expect to see a W-2 for your work.

Maybe @SeattleCPA or another expert knows something I'm missing? While I always suggest these retirement accounts, I do encourage clients to discuss with their provider for the questions on eligibility and contribution amounts.

[SeattleCPA]

If you're giving out the Sole Prop (SP) EIN on a W-9, then the checks coming in from doing that work should be made out to the SP.

That said, I'm not seeing a way that you can participate in a solo 401k under your spouse's SP. If you were a partner in the business, you could participate, but then it isn't a SP anymore. If you weren't a partner in the business, you would need to be an employee of the business, in which case I would expect to see a W-2 for your work.

Maybe @SeattleCPA or another expert knows something I'm missing? While I always suggest these retirement accounts, I do encourage clients to discuss with their provider for the questions on eligibility and contribution amounts.

I agree with CareCPA.