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Subscribe04 JUL 2025 / EXPERT INSIGHTS
The article suggests that high-earning individuals could create a legitimate side business with their spouse to gain access to potentially higher retirement savings and strategic tax benefits. By successfully structuring the business, they could utilize various tax-sheltered retirement plans, income-shifting strategies, and high-limit deductions, fostering household-level optimization instead of just individual benefits. This approach, alongside maintaining regulatory compliance, may offer a long-term wealth multiplier for financially sophisticated individuals maxing out traditional retirement strategies.
Your high-income W-2 clients may be doing everything “by the book”, maxing out their 401(k)s, socking away funds in IRAs, and still hitting a wall on contribution limits. The usual strategies may not cut it when their earning potential exceeds what traditional plans can shelter. But here’s a lesser-known play: Starting a business with their spouse. It’s not about launching the next unicorn startup; it’s about structuring a legitimate side business that unlocks access to powerful retirement vehicles and strategic tax benefits. Here’s how the numbers and the IRS make this worth a closer look.
Many professionals hit a hard cap on retirement savings, even though their income suggests they could and should save more. That’s where starting a side business with a spouse comes in. Think about consulting, managing rental properties, or even digital services. With the right structure, this business opens the door to:
This isn’t a loophole; it's smart planning backed by the tax code.
Here’s a framework you can use when advising clients:
The key is legitimacy. The IRS must see that the business is real, with services rendered and income generated. That could include:
Even part-time operations can qualify, if they’re real, documented, and active.
Business structure matters, not just for liability, but for tax and retirement planning:
Each structure has unique implications for contribution caps and compliance. Structuring it right from the start is critical.
W-2 income can fund the new business’s startup phase. This includes:
This initial funding allows the business to generate active income—unlocking eligibility for additional retirement contributions.
Once income flows through the business, a retirement plan can be established. Options include:
These vehicles offer both tax deferral and higher contribution ceilings than traditional W-2 plans.
Bringing the spouse into the business creates additional upside:
This also creates household-level optimization, not just individual benefits.
Here’s what this strategy can do over time:
For high earners, it’s a long-term wealth multiplier that scales with business income.
Execution matters. To ensure IRS compliance:
Without these guardrails, the IRS could recharacterize the business or disqualify the plan.
For clients hitting the ceiling on traditional retirement strategies, a spousal business isn’t just clever—it’s effective. When structured correctly, it opens the door to significantly higher contributions, robust tax savings, and smarter income distribution. This is a strategy that pairs financial sophistication with IRS-compliant planning. For advisors and professionals serving high-earning W-2 clients, it’s one worth putting on the table.
Until next time…
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