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Cash balance plans for real estate agents

A real estate agent or broker paid on commission, with no employees, can sponsor a cash balance plan through their own business. Commission income swings more than most, so the yearly minimum contribution deserves as much attention as the maximum.

Last checked September 28, 2026

An example

For a 49-year-old residential agent paid on commission by a brokerage as an independent contractor, the 2026 figures work out like this:

Cash balance plan, first year
$191,000
Solo 401(k) alongside
$29,000
Both plans
$221,000
A Solo 401(k) on its own
$72,000
Federal income tax saved
$30,300

Federal income tax only, compared with making no retirement contributions. State tax saved depends on where you live: see savings by state. An illustration from the same calculation as the estimate, not a quote.

Real estate agents are generally not a specified service business for the 20% qualified business income deduction, so the deduction is not lost at higher incomes. A contribution reduces qualified business income, which trims the deduction a little. How the deduction interacts with contributions

How agents are paid, and why it matters

Federal tax law has a specific rule for licensed real estate agents. An agent whose pay for services is substantially all commission tied to sales, and who works under a written contract saying they will not be treated as an employee, is not an employee for federal tax purposes. Commission income under that arrangement is self-employment income, and it can support your own plan.

  • Commissions paid to you on a 1099. Net earnings count, after expenses and the deduction for half of self-employment tax. See sole proprietors and single-member LLCs.
  • Commissions paid to your S corporation. Only the W-2 salary the corporation pays you counts. See S corporation owners.
  • Salary from a brokerage or builder. Wages from that employer. Not for your plan.
  • Rental income from property you own. Not earned income. It cannot support a contribution.

Teams, assistants and other businesses

An assistant or transaction coordinator on your own payroll is an employee, and a one-person plan stops fitting once they meet the plan's age and service conditions. Licensed agents on a team who are independent contractors paid through the brokerage are generally not your employees, though, as with anyone, the IRS looks at who controls the work rather than the label.

A broker who owns a brokerage with salaried staff, or with agents who are treated as employees, has employees. The brokerage's own plans are the route there, not a one-person plan.

Agents often own other real estate businesses. Owning 80% or more of a property management company or other business with staff, counting family ownership, can make its employees count as yours. See who can have a solo cash balance plan.

Planning around commission swings

A cash balance plan requires a minimum contribution every year. For an agent, that means sizing the plan to a typical year, not a peak one. Setting pay credits below the maximum lowers the minimum; contributing toward the top of the range in strong years can lower later minimums; and a plan can be amended to reduce future pay credits, which usually has to be done early in a year. See minimum contributions and lean years.

Timing is simpler for an agent paid as a sole proprietor. Plan compensation is worked out from the year's net earnings after the year ends, so a December closing counts without anything needing to happen by December 31. An agent with an S corporation has to run the year's salary through payroll by December 31.

Not a specified service

Brokerage services are on the specified service list, but the regulations say that does not include real estate agents and brokers. So an agent can keep a QBI deduction above $553,500 of taxable income for a married couple ($276,750 single), subject to a limit based on W-2 wages paid. A sole proprietor agent with no employees pays no W-2 wages, so above that range the deduction is usually small or nothing, and while income stays above the range, a contribution saves tax at the full marginal rate. See the QBI deduction and retirement contributions.

Sources

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