Identify the retirement service the employer is furnishing

An employer maintaining a qualified retirement plan can potentially exclude qualifying retirement planning advice or information provided to employees and their spouses. The exclusion does not generally cover tax preparation, accounting, legal, or brokerage services. A founder should therefore request an itemized engagement before the company pays for a broad personal financial-planning package. A single invoice labeled retirement planning cannot establish that every service fits the exclusion.

The service also must satisfy the applicable availability requirements; giving retirement advice only to highly compensated employees can prevent those employees from using the exclusion. The benefit is connected to a qualified plan the employer maintains, rather than to any personal investment account the founder happens to own. Ordinary plan administration performed for the company should be distinguished from personal advice furnished to an employee. Those services may belong on separate invoices and require different supporting records.

Allocate a mixed planning engagement

Suppose a planning firm bills $6,000 for a founder’s package: $2,000 for qualifying retirement planning advice, $1,500 for personal income-tax preparation, $1,000 for estate documents, and $1,500 for brokerage services. If the employer and benefit arrangement meet the retirement-planning exclusion requirements, the $2,000 component may qualify. The other $4,000 does not become excludable under that provision merely because retirement was the engagement’s overarching objective. Determine whether another rule applies or whether those personal services produce taxable compensation.

If the adviser’s original invoice has no allocation, ask for the engagement scope, work performed, and support for a reasonable division. Do not automatically allocate 90% to retirement advice to reach a preferred tax outcome. Conversely, charging the entire $6,000 to taxable wages without reviewing separately identified qualifying advice could obscure an available benefit. The arithmetic should follow documented services: $6,000 total minus $2,000 potentially qualifying advice leaves $4,000 requiring separate classification.

Test access and the plan connection

Retain evidence that the employer maintains a qualified retirement plan and describe the advice offered. Record which employees are eligible to receive it, how they are notified, and whether spouses can participate. If the company pays a premium for the founder’s additional legal or investment execution work, segregate that premium from the standard retirement benefit. Availability must be more than a statement buried in an inaccessible policy if ordinary employees cannot actually obtain the advice.

Avoid treating the exclusion as a substitute for the plan administrator’s separate responsibilities. Benefit projections, contribution limits, distribution choices, and participant education can inform retirement planning, but professional services must still be classified by what they actually deliver. Personal tax-return preparation remains outside this exclusion even if the adviser prepares the return to implement a retirement recommendation. Likewise, executing trades and charging asset-based brokerage fees does not automatically become retirement-planning information because the assets are intended for retirement.

An adviser who also manages the owner’s personal portfolio should identify which fees relate to planning information and which pay for investment execution or ongoing asset management. A percentage-of-assets fee is not automatically within the exclusion because the adviser discusses retirement at an annual meeting. Keep the contract’s deliverables and invoice allocation consistent. If employees may purchase additional personal services directly, separate those purchases from the employer’s standard benefit and avoid charging their private fees to the company.

Use a scoped benefit rather than an open-ended personal tab

Approve a defined package describing eligible retirement advice, service provider, participant group, annual cost, and excluded add-ons. Require the vendor to invoice employer plan work and individual personal services separately. Tell payroll how any taxable components will be reported and whether employees must pay for personal upgrades. A clear procurement scope protects both the company’s budget and the participant’s understanding of what the employer is actually funding.

Reconcile the annual invoices with benefit participation and the retirement plan’s existence during the relevant period. If the company terminates its qualified plan, reassess the exclusion instead of renewing the old benefit code automatically. Preserve the reasoning for any mixed-service allocation alongside payroll support. The decision should leave the founder with a useful retirement-planning service and a precise answer about the company-funded personal extras. A broad personal wealth engagement may still be worthwhile, but its separate tax, legal, and investment services need their own classification and cash budget.

Sources & further reading

Consult the original guidance and its effective dates. These references support the educational discussion; their application depends on the specific facts.

This guide was prepared with AI assistance for AE Tax Advisors. No individual professional review is claimed. Examples are illustrative, not client results. Confirm current law, state treatment, and implementation with a qualified professional. Editorial standards.