401(k) Rules and Regulations

Named after a section of the U.S. tax code governing them, 401(k) accounts have long been recognized as an important tool to help U.S. employees save for their retirement years.

401(k)s have well-established rules and regulations that guide participants and are used by a large share of American workers.

Fortunately for small business owners, Congress realized nearly four decades ago they also needed a way to save. In 1986, Congress established 831(b) Microcaptives, allowing small business owners a new option.

Much like a 401(k) plan, an 831(b) Microcaptive allows small businesses to set aside tax-deferred dollars. Those dollars can be used to mitigate risks that might not be covered by their insurance plans, an option they found was especially important during the COVID-19 pandemic.

How 401(k) and 831(b) accounts are similar:

  • Established in the U.S. tax code by Congress

  • 401(k) established in 1978

  • 831(b) established in 1986

  • Contributions made to the account are tax-deductible

  • Income from the accounts is tax-deferred

  • IRS Safe Harbor

  • Limits on contributions

  • Requirements for distributions

  • Third-party administrator ensures compliance