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“Should I offer a retirement plan to my crew?” For a long time the answer for a small contractor was “someday.” Two things have changed that. Federal tax credits now pay for much of a small plan’s first years, and in a growing list of states, an employer with no plan has to sign up for the state’s program instead.

Here are the three plans built for small businesses, what each costs you, how the credits work, and the state rules.

The SEP: you put in, the same rate for everyone

A Simplified Employee Pension is light on paperwork: the IRS lists no filing requirement for the employer. It also says “Only the employer contributes,” into an IRA set up for each eligible employee, and the employee is always 100% vested. It can be set up by adopting Form 5305-SEP, and as late as the due date, extensions included, of your business’s income tax return for the year.

For 2026, the contribution for each person cannot exceed the lesser of 25% of compensation or $72,000. For the owner, Publication 560 puts the limit at 20% of net earnings from self-employment, figured on its worksheet. You do not have to contribute every year, which suits a business with good and bad seasons. The catch is in the IRS’s own example: the contribution rate, “whether large or small,” must be uniform for all employees. If the plan’s rate is 10%, every eligible crew member gets 10% of pay, and your own contribution is figured from the same rate on the worksheet.

Eligible means an employee who has reached age 21, has worked for you in at least 3 of the last 5 years, and received at least $800 in compensation from you in 2026. A long-tenured crew is exactly who a SEP covers.

The SIMPLE IRA: the crew saves, you add a little

A SIMPLE IRA flips the funding. Employees save from their own pay, up to $17,000 for 2026 ($18,100 at certain employers), plus a $4,000 catch-up at 50 and over in most SIMPLE plans ($5,250 at ages 60 to 63). You must add one of two things every year: a dollar-for-dollar match up to 3% of each employee’s pay, or a flat 2% of pay for every eligible employee whether they save or not. The match may be lowered, but not below 1%, and in no more than 2 years out of 5.

The IRS says it is for businesses generally with 100 or fewer employees that keep no other retirement plan. An employee is eligible after earning at least $5,000 from you in any 2 earlier years and expecting $5,000 this year. All the money is the employee’s from the start. One timing rule: a first SIMPLE IRA can be set up effective on any date from January 1 through October 1 of a year, so a business that decides after October 1 generally starts the next January (a business that comes into existence after October 1 has an exception).

The solo 401(k): for an owner with no employees

The IRS calls it a one-participant 401(k): a traditional 401(k) covering a business owner with no employees, or the owner and a spouse. The owner contributes twice. As the employee, elective deferrals up to $24,500 for 2026, plus an $8,000 catch-up at 50 and over ($11,250 at ages 60 to 63). As the employer, up to 25% of compensation, with the same self-employed worksheet as the SEP. Together, before catch-ups, the additions cannot exceed $72,000 for 2026.

Two things to know before choosing it. Once the plan holds $250,000 or more at year-end, it generally has to file Form 5500-EZ. And it is a one-person plan only while you have no eligible employees: the IRS says that if you hire employees who meet the plan’s eligibility rules, you must include them, and testing rules then apply unless the plan is a safe harbor plan.

The three plans side by side, 2026 figures (IRS)
In shortSEPSIMPLE IRASolo 401(k)
Who puts money inThe employer onlyEmployees, plus your match or 2%The owner, as employee and employer
2026 limitLesser of 25% of pay or $72,000$17,000 deferral, $4,000 catch-up at 50+$24,500 deferral plus employer share, $72,000 total
Who must be coveredEvery eligible employee, same rateEvery eligible employeeOwner and spouse; no eligible employees
Your yearly cost for the crewYour choice of rate, or nothing that yearUp to 3% match, or 2% of payNone (no crew)

A worked example

Say a fencing contractor has two crew members who both qualify for either plan, one paid $45,000 a year and one $38,000. The figures are illustrative.

  • SEP at 10%: $4,500 plus $3,800, or $8,300 for the crew, in any year the owner decides to contribute, at the plan’s 10% rate, which also sets the owner’s own contribution.
  • SIMPLE with the 3% match: at most $1,350 plus $1,140, or $2,490, and only if both save at least 3% of their pay.
  • SIMPLE with the 2% contribution: $900 plus $760, or $1,660, whether they save or not.
  • Solo 401(k): not an option here, because the business has eligible employees.

The tax credits that pay for the first years

The IRS offers three credits, claimed on Form 8881, to an employer that had no more than 100 employees who received at least $5,000 in compensation the year before. The startup and contribution credits also need a plan with at least one eligible employee who is not highly compensated, and no plan in the three prior tax years covering substantially the same employees. A SEP, a SIMPLE IRA and a 401(k) all qualify.

  • Startup costs. With 50 or fewer employees, 100% of the ordinary and necessary costs to set up and administer the plan and educate employees about it (50% with 51 to 100), up to the greater of $500 or the lesser of $250 for each eligible non-highly compensated employee or $5,000, for three years. You cannot both deduct those costs and take the credit for them.
  • Automatic enrollment. $500 a year for three years for adding an automatic enrollment feature.
  • Employer contributions. With 50 or fewer employees, 100% of what you contribute, up to $1,000 per employee, in each of the first two years, then 75%, 50% and 25%. Elective deferrals do not count, nor do contributions for an employee paid more than $105,000 in wages for the year (the figure in the Form 8881 instructions revised December 2025), and the credit shrinks for employers with 51 to 100 employees.

In the example, two eligible crew members make the startup limit $500 a year, and the 2% SIMPLE contribution of $1,660 is under $1,000 per person, so in each of the first two years the contribution credit could cover all of it. A plan covering only the owner gets neither the startup nor the contribution credit: Publication 560 counts anyone owning more than 5% of the business as highly compensated, and those credits need at least one eligible employee who is not.

The states that require you to offer something

Many states now run payroll-deduction IRA programs that an employer without a plan must join. The Georgetown University Center for Retirement Initiatives counts 15 of these “auto-IRA” programs fully open to all eligible employers as of September 20, 2026: California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Virginia. Hawaii and Washington have enacted auto-IRA programs that are not open yet (Washington’s is scheduled for July 2027); the programs Utah and Mississippi enacted in 2026 are voluntary for employers. Each state sets its own size threshold and deadlines. Three examples:

  • California. Employers with at least one employee must register with CalSavers unless they qualify for an exemption, such as sponsoring a qualified retirement plan or having no employees other than the owners. The program charges employers no fees and employers make no contributions; new employees are added within 30 days. An employer that fails without good cause to let eligible employees participate, after a final notice from the CalSavers board, faces $250 per eligible employee, and $500 more per eligible employee if noncompliance continues (Cal. Gov. Code §100033).
  • Oregon. OregonSaves says state law (ORS 178.210) requires all employers that do not offer a qualified workplace retirement plan to administer OregonSaves, and that noncompliant employers are subject to a civil penalty of $100 per employee, up to $5,000. Employers with a plan, or with no W-2 employees, certify an exemption.
  • Illinois. Employers that had 5 or more employees in every quarter of the previous calendar year and have been in business at least 2 years must offer a qualified plan or join the state program, My Illinois Savings. Its exemption list includes a 401(k), a SEP IRA and a SIMPLE IRA. The penalty is $250 per employee for the first calendar year of noncompliance and $500 per employee for each later year (820 ILCS 80/85).

Which one fits

  • No employees: a solo 401(k) allows the most for a given income because of the employee deferral; a SEP is simpler to run.
  • A small crew and uneven cash: a SIMPLE IRA caps your cost at 3% or 2% of pay and lets the crew save their own money.
  • A good year and a loyal crew: a SEP lets you decide each year, at one rate for everyone.
  • In a mandate state with no plan: join the state program or set up a plan of your own. California’s and Illinois’s programs charge employers no fees and take no employer contributions; Illinois lists a SEP and a SIMPLE among the plans that exempt you. Check your own state’s list.

Whichever you choose, it becomes part of the cost of each person on the crew; Your Real Hourly Cost shows where it goes in your labor rate. If you have not hired yet, Hiring Your First Employee covers the paperwork that comes first, and if you pay yourself through an S corporation, run the plan numbers with your tax preparer alongside the salary question in Should Your LLC Elect S Corporation Status?

General information, not legal or tax advice. Rules change and vary by state; check with the agency named above or a professional for your situation.

Sources

  1. Publication 560 (2025), Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans), Internal Revenue Service (accessed October 22, 2026)
  2. Simplified Employee Pension plan (SEP), Internal Revenue Service (accessed October 22, 2026)
  3. SEP contribution limits (including grandfathered SARSEPs), Internal Revenue Service (accessed October 22, 2026)
  4. SIMPLE IRA plan, Internal Revenue Service (accessed October 22, 2026)
  5. One-participant 401(k) plans, Internal Revenue Service (accessed October 22, 2026)
  6. Retirement topics: 401(k) and profit-sharing plan contribution limits, Internal Revenue Service (accessed October 22, 2026)
  7. 401(k) limit increases to $24,500 for 2026, IRA limit increases to $7,500 (IR-2025-111, November 13, 2025), Internal Revenue Service (accessed October 22, 2026)
  8. COLA increases for dollar limitations on benefits and contributions, Internal Revenue Service (accessed October 22, 2026)
  9. Retirement plans startup costs tax credit (Form 8881), Internal Revenue Service (accessed October 22, 2026)
  10. Instructions for Form 8881 (Rev. December 2025), Internal Revenue Service (accessed October 22, 2026)
  11. States: state-facilitated retirement savings programs, Georgetown University Center for Retirement Initiatives (accessed October 22, 2026)
  12. CalSavers for employers, CalSavers Retirement Savings Program, State of California (accessed October 22, 2026)
  13. CalSavers frequently asked questions, CalSavers Retirement Savings Program, State of California (accessed October 22, 2026)
  14. California Government Code § 100033, FindLaw (text of the California Government Code) (accessed October 22, 2026)
  15. OregonSaves compliance for employers, OregonSaves, Oregon State Treasury (accessed October 22, 2026)
  16. My Illinois Savings: employer information, My Illinois Savings, Illinois State Treasurer (accessed October 22, 2026)
  17. 820 ILCS 80/85, Penalties, Illinois General Assembly (accessed October 22, 2026)

Where this comes from

Written by the team at Tailgate Office, LLC. Every figure comes from the sources listed above, as of the day each was accessed; prices and rules change without warning. Nothing here is legal, tax or financial advice.

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