Disclosures

Disclosures & Regulatory Information

Transparency in every engagement.

Tax-Optimized Planning Solutions, LLC is committed to operating with full transparency about who we are, the regulatory framework we operate under, the limitations of website information, and how we protect the privacy of every client. The disclosures below describe our regulatory standing, the standards of care we operate by, our privacy practices, and the limitations of information presented on this website. These disclosures supplement, and do not replace, the engagement letters, disclosure brochures, and other formal documents provided at the outset of every client engagement.

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Legal Entity

Tax-Optimized Planning Solutions, LLC

A New Mexico Limited Liability Company

Principal Place of Business

Albuquerque, New Mexico

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Main Telephone

505-273-7702

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General Inquiries Email

info@taxoptimizedsolutions.com

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Authorized Representative

Brent Gordon, CFP®, Managing Partner
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Date of Formation

November 2, 2025
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Tailored Tax Optimization Strategies for Maximum Savings

Business Services

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The Regulatory Standards We Operate Under

Every plan designed, implemented, and administered by Tax-Optimized Planning Solutions, LLC operates within a comprehensive framework of federal regulation. The framework includes, but is not limited to, the following statutes, regulations, and oversight bodies:

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The Regulatory Standards We Operate Under

Every plan designed, implemented, and administered by Tax-Optimized Planning Solutions, LLC operates within a comprehensive framework of federal regulation. The framework includes, but is not limited to, the following statutes, regulations, and oversight bodies:

  • Internal Revenue Code (IRC), including without limitation Sections 401(a), 401(k), 404, 410(b), 415(b), 416, 430, 436, and 1.401(a)(26)-related qualification requirements

  • Employee Retirement Income Security Act of 1974 (ERISA), as amended

  • Department of Labor (DOL) regulations under ERISA, including Title I fiduciary requirements

  • Pension Benefit Guaranty Corporation (PBGC) premium and reporting requirements for covered Defined Benefit plans

  • Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) and the SECURE 2.0 Act of 2022

  • Internal Revenue Service Employee Plans Compliance Resolution System (EPCRS) under Revenue Procedure 2021-30 and subsequent updates

  • Joint Board for the Enrollment of Actuaries, the federal licensing authority for the firm's Enrolled Actuary

  • American Academy of Actuaries Code of Professional Conduct and Actuarial Standards of Practice

Actuarial services for Defined Benefit plans administered by Tax-Optimized Planning Solutions are performed by Robert L. Rietz, Jr., FCA, EA, MSEA, MAAA, an Enrolled Actuary authorized to perform actuarial certifications for pension plans under IRS, DOL, DOT, PBGC, and ERISA regulations. All actuarial services are rendered with the highest standard of professional care consistent with the standards of the American Academy of Actuaries.

The Regulatory Standards We Operate Under

Qualified retirement plans must satisfy a series of nondiscrimination, coverage, and contribution-limit tests on an annual basis to maintain qualified status under the Internal Revenue Code. Tax-Optimized Planning Solutions performs these tests as part of the annual administration cycle, including but not limited to:
  • Actual Deferral Percentage (ADP) and Actual Contribution Percentage (ACP) tests under IRC §401(k) and §401(m)

  • Coverage testing under IRC §410(b), including the ratio percentage test and average benefit test

  • Top-heavy plan analysis under IRC §416

  • Nondiscrimination testing under IRC §401(a)(4), including the general test and rate group analysis

  • Average Benefits Percentage Test (ABPT) for combined Defined Benefit and Defined Contribution plan testing

  • Benefits, Rights, and Features (BRF) testing under Treasury Regulation §1.401(a)(4)-4

  • Annual Adjusted Funding Target Attainment Percentage (AFTAP) certification under IRC §436 for Defined Benefit plans

Tax-Optimized Planning Solutions is committed to identifying compliance issues at the earliest practical point in the annual cycle. Where a plan fails a required test, our team coordinates corrective action, including, where appropriate, voluntary correction filings through the Internal Revenue Service Employee Plans Compliance Resolution System (EPCRS), to restore the plan to qualified status.

What our engagement includes, and what it does not.

Tax-Optimized Planning Solutions, LLC operates as a third-party administrator for qualified retirement plans. The scope of every client engagement is defined by a written engagement letter executed at the outset of the relationship. Unless explicitly stated in that engagement letter:
  • We do not provide legal advice. Plan sponsors are encouraged to consult independent legal counsel on matters of plan document interpretation, fiduciary liability, and corporate structure.

  • We do not provide tax preparation services. Plan sponsors are encouraged to consult independent tax professionals or certified public accountants for the preparation and filing of personal and business tax returns.

  • We do not provide accounting or audit services. Plans subject to financial statement audit requirements under ERISA must engage an independent qualified public accountant.

  • Securities and investment advisory services, where offered, are provided through separately registered entities and individuals and are governed by separate disclosures and agreements.

  • Insurance products, where applicable to plan design, are provided through separately licensed insurance carriers and producers and are governed by separate carrier-issued contracts.

All services rendered by Tax-Optimized Planning Solutions are documented in the firm’s Professional Services Scope of Work & Fee Narrative, which accompanies each engagement letter and invoice.

About the Information Presented Here

The information on this website is provided for general educational purposes only and does not constitute personalized financial, tax, legal, actuarial, or investment advice. Retirement plan design, contribution limits, tax law, and ERISA regulations are subject to change, and specific outcomes depend on each plan sponsor’s facts and circumstances. Examples of contribution ranges, tax savings projections, or plan outcomes presented on this website are illustrative and are not guarantees of any specific result for any specific plan or plan sponsor.

No information on this website creates an advisor-client, fiduciary, or other professional relationship with Tax-Optimized Planning Solutions, LLC. A formal relationship is established only through a signed engagement letter.

Statistics referenced on this website, including the approximate number of enrolled actuaries currently practicing in the United States, combined years of experience across the team, and target plan outcomes, are based on publicly available data, internal firm records, or industry estimates as of the date of publication and may change over time.

How We Protect Your Information

Tax-Optimized Planning Solutions, LLC is committed to safeguarding the privacy of every individual and business that interacts with our firm. The following policy describes the information we collect, how we use it, and how we protect it.

Information We Collect

In the course of delivering professional services, we may collect personal and business information from the following sources:

  • Information you provide directly, including via inquiry forms, intake questionnaires, engagement letters, and client communications

  • Information provided by your financial advisor, certified public accountant, attorney, or other professional representative, with your authorization

  • Information from third-party service providers, including insurance carriers, custodians, recordkeepers, and government agencies, as required to administer your plan

  • Information generated by our analytical, actuarial, and administrative work on your plan

How We Use Your Information

Information collected by Tax-Optimized Planning Solutions is used solely for the following purposes:

  • Designing, implementing, and administering your qualified retirement plan
  • Performing required compliance testing, actuarial certifications, and regulatory filings
  • Communicating with you, your advisor, and your other authorized representatives
  • Satisfying applicable regulatory recordkeeping and reporting requirements
  • Conducting internal quality control, audit, and risk management activities

How We Protect Your Information

Tax-Optimized Planning Solutions maintains physical, electronic, and procedural safeguards designed to protect your information. These safeguards include encrypted electronic communications and storage where appropriate, role-based access controls limiting access to information based on professional need, regular review of internal procedures and security practices, and ongoing training for all team members on confidentiality and information security obligations.

Information Sharing 

Tax-Optimized Planning Solutions does not sell, rent, or trade personal information to any third party for marketing purposes. We may share information with the following parties as necessary to deliver the services you have engaged us to provide:

  • With your authorized representatives, including your financial advisor, CPA, attorney, and others you have designated

  • With service providers and partners who assist in administering your plan, including custodians, insurance carriers, recordkeepers, auditors, and actuarial software vendors

  • With governmental and regulatory authorities, as required by law, including the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation

  • With successors in interest, in the event of a merger, acquisition, or sale of the firm's business operations

Your Rights

You have the right to request information about the personal data we hold about you, to request corrections to that information, and to request the deletion of information that is no longer necessary for the purposes for which it was collected, subject to legal and regulatory recordkeeping requirements. To exercise any of these rights, please contact us at info@taxoptimizedsolutions.com.

Securities & Insurance Activities

Securities, investment advisory, and insurance products discussed on this website or recommended in connection with qualified retirement plan design are offered through separately registered or licensed entities and individuals. Investment products and insurance products are not deposits, are not insured by the FDIC or any other government agency, are not obligations of or guaranteed by any bank, and may lose value.

Cookies and Analytics

This website uses cookies and similar technologies to support basic functionality, analyze website traffic, and improve user experience. We use industry-standard analytics tools to understand how visitors interact with our site so that we can improve content and navigation. We do not use cookies to identify individual visitors or to track activity across other websites. You can disable cookies through your browser settings, though some site functionality may not work as intended if cookies are disabled.

Designation Trademarks

The following professional designations referenced on this website are registered or service marks of their respective certifying organizations:

  • CFP® and Certified Financial Planner® are certification marks owned by Certified Financial Planner Board of Standards, Inc.

  • CLU® and Chartered Life Underwriter® are designations administered by The American College of Financial Services.

  • ChFC® and Chartered Financial Consultant® are designations administered by The American College of Financial Services.

  • CPFA® and Certified Plan Fiduciary Advisor® are designations administered by the National Association of Plan Advisors.

  • CFA® and Chartered Financial Analyst® are registered trademarks owned by the CFA Institute.

  • CAIA® and Chartered Alternative Investment Analyst® are registered trademarks owned by the Chartered Alternative Investment Analyst Association.

  • CPWA® and Certified Private Wealth Advisor® are registered trademarks owned by the Investments & Wealth Institute.

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Questions About These Disclosures?

If you have any questions about the disclosures on this page, our regulatory framework, our privacy practices, or any aspect of how Tax-Optimized Planning Solutions handles your information, please contact us:

A boutique third-party administrator specializing in advanced qualified retirement plan design for business owners with high tax burdens.

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