PODCAST

EP
124

The Tax Corner: Are You Asking the Right Questions?

You Had the Meeting. But Did Anyone Actually Execute the Plan?

Most business owners leave planning meetings feeling good. The conversation was sharp, the ideas were solid, and everyone seemed aligned.

Then October arrives and nothing has been done. The whole year — and every opportunity in it — is gone.

2-Part Series

The Tax Corner — This is Part 2. If you missed Part 1 on building your advisory team and knowing their roles, start there first. New to the Four Corners framework? Start with Episode 122.

Key insight: Knowing the right questions to ask your advisory team is what separates business owners who find the wins from those who leave money on the table every year. This episode is about those questions.

Design vs. Structure: Where Planning Actually Starts

Brian Hartstein opens with a framework that applies to every area of business owner planning: design versus structure. Design is everything specific to your business — your goals, your entity setup, your benefit plan provisions, your tax situation. Structure is who executes each piece of that design so the implementation actually gets done.

Most planning conversations jump straight to structure without ever getting the design right. That is where the gaps live.

The question to ask: Does my advisory team know what we are trying to build — and does each person know their role in building it?

Multiple Entity Planning: What It Is and Why It Matters

If you own more than one business entity — or if your business owns real estate — you are already in multiple entity territory. The rules that govern how those entities interact for benefit planning purposes can either open up significant planning opportunities or quietly close them off.

For businesses in hard hat industries like construction and real estate, ownership percentage dictates where planning can happen. These are called control group rules. For service businesses — legal, medical, architecture — there is a second layer called affiliated service group rules that are even more complex.

The mistake Brian sees often: A physician sets up a second entity, installs a rich retirement plan, and leaves employees out entirely. That is a major compliance violation — and an expensive one to fix. Knowing the rules before you act is not optional.

Does Your Business Own Its Building? Read This.

One of the most common and overlooked planning gaps Andrew and Brian see: a business that owns its own building inside the same entity that runs operations. It feels simple. It is actually a liability exposure and a missed opportunity.

Separating the building into its own LLC can protect against liability, create depreciation planning options, and — critically — preserve flexibility for an eventual business sale. Private equity buyers typically want the operating business, not the real estate. If the building is inside the same entity, stripping it out at sale becomes a tax problem.

Real example from this episode: A manufacturing company sold to private equity kept the building in a separate entity, leased it back to the new owners, and walked away with two income streams instead of one. That outcome required the right structure to already be in place.

Benefit Plan Design: The Details That Cost You Money

Once entity structure is addressed, the next layer of questions is about benefit plan design. This is where most business owners — and many advisors — leave real money behind.

Brian walks through several areas where the wrong plan design creates unnecessary cost. One example: if your 401(k) has a three-month eligibility requirement but your average employee turnover happens at 5.7 months, you are funding benefits for people who will never vest. A six-month eligibility saves money immediately.

Another: recordkeeping fees inside the plan. Business owners typically hold the largest balances. Reducing fees by even 25 basis points over a decade on a $1 million balance is real money — money that stays in the owner's account instead of going to a provider.

For a deeper look at where 401(k) plans fall short for higher earners, see our blog on why 401(k) strategies often fail high earners and our video on understanding your 401(k) plan documents.

The question to ask your advisor: When did we last review our plan's eligibility requirements, match structure, and recordkeeping costs? If the answer is more than two years ago, it is time.

Qualified vs. Non-Qualified Plans: Knowing the Difference

Qualified plans — 401(k), defined benefit pension, profit sharing — give you the tax deduction in the year you make the contribution. For business owners who need deductions today, these are typically the priority.

Non-qualified plans do not generate an immediate deduction, but they offer flexibility that qualified plans cannot. You can select which employees to reward, create retention incentives with vesting schedules, and structure compensation in ways that tie key people to the business. The right answer depends on your goals — and it is a question worth asking explicitly.

If Roth planning is part of your overall strategy, our complete guide to Roth conversions covers how timing, tax brackets, and income thresholds work together.

The 2026 Roth Catch-Up Rule: A Compliance Issue, Not Just a Planning One

Under SECURE Act 2.0, any employee — including the business owner — who earned more than $145,000 from the entity in the prior year and is age 50 or older must direct their 401(k) catch-up contributions to the Roth portion of the plan. Pre-tax catch-up contributions are no longer allowed for highly compensated employees.

If your plan does not have a Roth provision, those employees cannot make catch-up contributions at all. Most providers can add the Roth option quickly, but it requires a plan document amendment through your third-party administrator. The time to do this is now — not when an audit surfaces the issue.

For a full breakdown of this rule and what plan sponsors need to do, watch our video on the new Roth 401(k) catch-up rule for high earners. For broader context on SECURE Act 2.0 changes, see our blog on 6 ways SECURE Act 2.0 may impact you.

Action item: Confirm with your TPA that your plan has a Roth provision and that payroll is directing catch-up contributions correctly for any employee earning over $145,000. This is a trustee-level responsibility — and one Bayntree reviews annually with every plan it oversees.

If the Advisor Does Not Drive It, It Does Not Get Done

The through line of both episodes in this series is the same: strategy without execution is just a conversation. The financial advisor's job is not only to identify the opportunities — it is to lead the process that turns those opportunities into outcomes.

That means setting up the joint meeting with the CPA instead of leaving it to the client. It means following up in Q3 instead of waiting for Q4. It means being the mortar between the bricks — the piece that binds the CPA, the attorney, and the financial plan into something that actually moves.

For a deeper look at how the Four Corners framework applies to your business overall, visit our Part 1 episode on building your advisory team and knowing their roles . If you are also evaluating your CPA relationship, Episode 121 on choosing a CPA and the questions business owners should be asking is a natural next listen.

Frequently Asked Questions: Tax Planning, Entity Structure, and Benefit Plan Design

What is the difference between design and structure in business planning?

Design refers to everything specific to your business — your goals, entity setup, benefit plan provisions, and tax situation. Structure is who executes each piece of that design so the implementation actually gets completed. Most planning gaps happen when a team skips the design conversation and jumps straight to execution without a shared understanding of what they are trying to build. A qualified advisor can help you work through both layers for your specific situation.

What is multiple entity planning and does it apply to my business?

Multiple entity planning is a general term for the analysis of how two or more business entities interact — for tax purposes, benefit planning purposes, and liability purposes. If you own more than one entity or your business owns real estate, there may be planning considerations worth exploring. The rules involved — including control group rules and affiliated service group rules — are complex and fact-specific. A financial advisor or tax professional familiar with these rules can help you understand what applies to your situation.

What are control group rules and affiliated service group rules?

These are IRS rules that govern how related business entities are treated for retirement plan purposes. Control group rules generally apply based on ownership percentages across entities. Affiliated service group rules add an additional layer of analysis that often applies to service-based businesses. Whether and how these rules affect your planning depends on your specific ownership structure, industry, and entity types. These are areas where working with an advisor who knows the rules in depth — not just that they exist — can make a significant difference.

Is it worth asking my advisor whether my business should own its building in a separate entity?

Yes — it is a question worth raising with your advisory team. Business owners who hold real estate inside their operating entity may have different planning considerations than those who hold it separately. Topics that often come up in this conversation include liability exposure, depreciation planning, and what happens to the property in a future business sale or transition. The right answer depends on your specific structure, goals, and state law. This is not a one-size-fits-all decision and should be evaluated with your attorney, CPA, and financial advisor together.

What questions should I ask about my 401(k) plan design?

Some useful starting points: When was our plan last reviewed in full — not just the investments, but the plan document itself? Are our eligibility requirements, match structure, and vesting schedule still appropriate for where the business is today? Does our plan include a Roth provision? Is our TPA coordinating with our financial advisor on compliance reviews? Are we paying attention to recordkeeping costs inside the plan? These questions are worth bringing to both your plan advisor and your third-party administrator. Every plan is different and the answers will depend on your specific workforce and goals.

What is a non-qualified plan and how is it different from a 401(k)?

A non-qualified plan is a type of deferred compensation arrangement that operates outside the rules governing qualified retirement plans like 401(k)s. Because they are not subject to the same contribution limits and nondiscrimination rules, they can offer different kinds of flexibility — including the ability to structure arrangements for specific employees. However, they also have different tax treatment and regulatory considerations. Whether a non-qualified plan makes sense for a given business owner depends on their goals, tax situation, and overall planning picture. This is a conversation to have with a qualified advisor who can evaluate the full context.

What is the Roth catch-up rule under SECURE Act 2.0 and what should plan sponsors know?

Under SECURE Act 2.0, certain catch-up contribution rules for 401(k) plans changed for higher-earning employees. Plan sponsors — including business owners who sponsor their own plans — should confirm with their third-party administrator and legal or tax counsel that their plan document is up to date, that payroll is set up correctly, and that employees are being educated on any changes that affect them. Because the specific thresholds and effective dates are subject to IRS guidance and may be updated, it is important to verify current requirements with your TPA and advisors rather than relying on any single source. Bayntree Wealth Advisors does not provide legal or tax advice. Please consult a qualified tax professional for guidance specific to your plan.

What happens if a planning mistake is discovered after the year ends?

The options available after a year ends depend heavily on the type of issue, when it is discovered, and the specific rules that apply. Some corrections can be made before a tax return is filed. Others may require formal correction programs. In some cases, the window for certain planning decisions closes entirely at year-end. The broader point Andrew and Brian make in this episode is that proactive planning — with the right team, earlier in the year — creates more options and avoids situations where the only choices are costly or limited. If you believe a planning error may have occurred, consult your CPA, attorney, or a qualified advisor as soon as possible.

Ready to Find Out What Your Advisory Team Is Missing?

Entrepreneurship comes with big financial questions — and the right team makes all the difference. Schedule a free 15-minute call with Andrew Rafal, host of Your Wealth and Beyond and founder of Bayntree Wealth Advisors. With 20+ years advising business owners, Andrew can help you identify where the gaps are and what to do about them.

This is not a sales pitch. It is a real conversation with someone who has been in your shoes.

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