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Ameren Employees: Strategic Ways to Reduce Capital Gains on Appreciated Stock

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'Ameren employees can benefit from understanding that strategies like a Section 351 exchange, charitable donations, and tax loss harvesting may work together to help manage appreciated stock efficiently while aligning with broader long-term financial goals.' – Tyson Mavar, a representative of The Retirement Group, a division of Wealth Enhancement.

'Ameren employees should recognize that thoughtful planning with tools such as Section 351 exchanges, gifting strategies, and tax loss harvesting can help them manage highly appreciated stock while supporting both personal and philanthropic objectives.' – Wesley Boudreaux, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article we will discuss:

  1. How a Section 351 exchange can defer capital gains on highly appreciated stock.

  2. Alternative tax-efficient strategies such as charitable donations, tax loss harvesting, and gifting.

  3. The role of inheritance rules, step-up in basis, and combined approaches in long-term tax planning.

A Tax-Aware Q&A on How to Manage Highly Appreciated Stock

From the Section 351 exchange to other practical approaches, this Q&A addresses key considerations Ameren employees may encounter when dealing with highly appreciated shares.

Section 351 Exchange: The Fundamental Approach

Q: What is an exchange under Section 351?
A: Under certain circumstances, an investor may transfer property, such as highly appreciated shares, to a company in exchange for its stock under a provision of the Internal Revenue Code that allows the deferral of capital gains or losses.

Q: What is the primary advantage of exchanging my appreciated stock through a Section 351 exchange?
A: The main advantage is tax deferral. Gains transferred to corporations may be postponed under Section 351, though this applies only if specific diversification requirements are met, especially when transferring to investment companies like exchange-traded funds (ETFs). 1

Q: What is meant by the “Control Test”?
A: The investor or group of investors who use their portfolio assets to fund the new entity must own at least 80% of the voting power and 80% of the total number of shares of all other classes of stock in the new company immediately after the exchange. 1

Q: When seeding an ETF, how is the Control Test usually satisfied?
A: It is typically satisfied by either a single substantial investor making a significant asset contribution or multiple investors pooling assets to create a seeding pool for the ETF’s launch.

Q: What is the ultimate tax payment date for the deferred gain?
A: The deferred gain is recognized when the ETF shares acquired through the exchange are sold; distributions from taxable funds must also be reported in the meantime.

Other Tax-Efficient Techniques

Q: What is a straightforward method, aside from a Section 351 exchange, to sell highly appreciated shares without incurring large taxes?
A: Donating shares directly to a qualified charity is one option that some Ameren employees may benefit from.

Q: What tax advantages come with donating valuable stock to a charity?
A: Subject to holding period and adjusted gross income (AGI) limits, you can bypass capital gains taxes on the appreciation and may receive an income tax deduction for the stock’s full fair market value.

Q: What is a Donor-Advised Fund (DAF)?
A: A DAF allows you to donate appreciated stock, receive an immediate tax deduction, and then recommend grants to charities over time, while the assets in the DAF grow without tax impact. 2

Q: Can I give a family member my appreciated stock as a gift?
A: Yes. In most cases, the cost basis from the donor carries over to the recipient.

Q: Why would I give a family member in a lower tax bracket appreciated stock?
A: If they sell the stock, the lower income could result in a reduced capital gains rate, potentially as low as 0% for long-term gains. 3

Tax Loss Harvesting and Other Approaches

Q: What is harvesting tax losses?
A: Selling investments at a loss to offset gains from other sales is known as tax loss harvesting, a strategy sometimes considered by Ameren employees seeking opportunities to leverage bouts of market volatility. 

Q: Can I deduct a certain amount of loss from my regular income?
A: Yes. If your capital losses exceed your gains, you can use up to $3,000 per year ($1,500 if married filing separately) to offset ordinary income, with remaining losses carried forward indefinitely. 4

Q: What is a Qualified Opportunity Fund (QOF)?
A: A QOF provides investors with tax incentives for investing in tracts of land designated as 'opportunity zones'. Capital gains reinvested in a QOF within 180 days of being realized can be temporarily tax deferred, while QOF investments helpd for at least 10 years may confer a permanent capital gains exclusion. 5  That said, 2025 legislation changes may prompt IRS updates to this rule.

Inheritance and Step-Up in Basis

Q: What is meant by a “step-up in basis”?
A: This adjusts an inherited asset’s cost basis to its fair market value at the time of the owner’s death, eliminating capital gains accumulated during their lifetime. 6

Q: If I gift shares while living, will I receive a step-up in basis?
A: No. The original cost basis transfers to the recipient without adjustment.

Determining the Right Strategy

Q: What is the best course of action for me?
A: The most suitable approach will depend on factors such as your gain size, income level, charitable intentions, and liquidity needs.

Q: Do any of these strategies call for professional guidance?
A: Yes. Given the complexity of the tax code, working with a qualified financial advisor and tax professional is strongly recommended before implementing these strategies.

Q: Is it possible to combine these strategies?
A: Yes. For example, you might execute a Section 351 exchange on part of your portfolio for tax-deferred rebalancing while donating another portion to a DAF for an immediate deduction.

Q: Is there a loophole in the Section 351 exchange?
A: No. This is a legitimate tax code provision designed for corporate restructuring and adapted for use in the ETF market. It is intended for tax deferral, not permanent tax elimination.

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Sources:

1. Kitces. ' Using Section 351 Exchanges to Tax-Efficiently Reallocate Portfolios With Embedded Gains ,' by Ben Henry-Moreland and Brent Sullivan. 12 Mar. 2025. 

2. Kiplinger. “ A Donor-Advised Fund Can Give Your Charitable Giving a Boost ,” by Samuel Gaeta. 9 May 2024.

3. Internal Revenue Service. “ Topic No. 409, Capital Gains and Losses .”  IRS.gov , 8 July 2025.

4. Wealth Enhancement. ' 6 Essential Tax-Loss Harvesting Tips ,' by Jim Wiley. 6 April 2022. 

5. Congressional Research Service. ' Tax Incentives for Opportunity Zones ,' by Donald Marples. 26 Apr. 2022. 

6. Investopedia. “ Carryover Basis: What It Is, How It Works, Gift Taxes ,” by Julia Kagan. 16 Jan. 2023.

How does the Ameren retirement plan design ensure that employees' benefits under the Union Cash Balance Plan grow over time, and what specific features contribute to this growth? Discuss how amortization methodologies and interest credits are determined for Ameren employees, particularly in relation to age and years of service.

Growth of Benefits: Ameren’s Union Cash Balance Plan ensures growth through annual interest credits and regular credits based on the employee’s age and pensionable earnings. Interest credits are applied at a rate of 5%, subject to change yearly based on Treasury rates plus an additional 1%. Employees also receive regular credits that increase with age, ranging from 3% to 8% of pensionable earnings​(Ameren_Corporation_Sept…).

In what ways can employees of Ameren leverage the various payment methods available to them upon retirement? Elaborate on how the choice between lump-sum payments and annuities impacts their financial planning post-retirement.

Payment Methods: Ameren offers employees flexibility in receiving benefits as a lump sum or annuity. Lump sum payments provide immediate access to all benefits, which can be rolled over into other retirement accounts, while annuities provide steady income for life. Choosing between these affects financial planning by balancing immediate liquidity versus long-term income security​(Ameren_Corporation_Sept…).

What are the implications of leaving Ameren before reaching retirement age, particularly in regard to vesting and benefit access? Discuss the conditions that affect an employee's eligibility and the importance of completing the required years of service.

Leaving Before Retirement: If an employee leaves Ameren before reaching retirement age but has completed three years of service, they are vested and entitled to their full cash balance account. If an employee leaves before vesting, their account is forfeited. Completing the required years of service is critical for retaining benefits​(Ameren_Corporation_Sept…).

How does the Ameren Corporation balance contributions to the retirement plan with the need to comply with IRS regulations, specifically with the aim of avoiding a "top heavy" classification? Analyze how this impacts employee benefits and the strategies used by Ameren to ensure compliance.

Compliance with IRS Regulations: Ameren ensures compliance with IRS “top heavy” rules by monitoring the allocation of contributions to avoid excessive benefits going to key employees. If more than 60% of benefits are allocated to key employees, Ameren must provide minimum benefits to non-key employees, impacting overall contributions and plan design​(Ameren_Corporation_Sept…)​(Ameren_Corporation_Sept…).

What are the survivor benefits options available under Ameren's Union Cash Balance Plan, and how are these benefits calculated for spouses and non-spouse beneficiaries? Provide details on how varying age differences between an employee and their beneficiary affect these calculations.

Survivor Benefits: Under the Union Cash Balance Plan, a spouse beneficiary receives survivor benefits either as a lump sum or lifetime annuity. Non-spouse beneficiaries receive a lump sum. The calculation of survivor benefits adjusts based on the age difference between the employee and the beneficiary​(Ameren_Corporation_Sept…).

How do the changes in IRS limits for retirement accounts in 2024 potentially affect employees of Ameren when planning for retirement? Discuss the strategic considerations Ameren employees should take into account in relation to contribution limits and catch-up provisions.

IRS Limits and 2024 Changes: Changes to IRS contribution limits in 2024 may affect employees by altering the maximum they can contribute to retirement accounts, including catch-up provisions for those over 50. Ameren employees should monitor these changes to maximize their retirement savings strategies​(Ameren_Corporation_Sept…).

In what ways does the Ameren Corporation's retirement plan administration ensure transparency and participant rights, particularly under ERISA? Explore the various rights employees have regarding access to plan documents and the recourse available in the event of a benefit claim denial.

ERISA Rights and Transparency: Ameren ensures transparency and adherence to ERISA, giving employees the right to access plan documents, including the SPD and financial reports. In case of benefit claim denials, employees can appeal and, if necessary, pursue legal action​(Ameren_Corporation_Sept…).

How can Ameren employees contact the company to learn more about their retirement benefits and navigate the complexities of the Union Cash Balance Plan? Discuss the available resources and support channels for employees to gain clarity on their benefits.

Contact for Plan Information: Ameren employees can contact the company through its pension benefits line at 877.7my.Ameren for details on retirement benefits and support with navigating the Union Cash Balance Plan. Online resources like myAmeren Pension Benefits also provide account information and assistance​(Ameren_Corporation_Sept…).

What specific factors influence the calculation of interest credits in the Union Cash Balance Plan, and how do these credits affect the overall retirement savings of Ameren employees? Analyze the importance of understanding these factors in relation to future financial security.

Interest Credits: Interest credits are determined based on a fixed rate (5%) or the sum of Treasury Constant Maturity rates plus an additional percentage, ensuring steady account growth. Understanding how these credits accumulate is essential for predicting future retirement savings​(Ameren_Corporation_Sept…).

How does the flexibility provided in the Ameren retirement plan enhance employee satisfaction and encourage long-term retention? Discuss the impact of features such as portability of benefits and options for account growth on employee engagement.

Flexibility and Retention: The portability of benefits and the ability to choose between lump sum or annuity payments enhances employee satisfaction and retention. Employees can take their vested account balance if they leave Ameren, encouraging long-term engagement​(Ameren_Corporation_Sept…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
News: Ameren has announced a major restructuring plan involving the reduction of its workforce by 5% and a review of its pension benefits structure. The company is also implementing changes to its 401(k) plan, including reducing matching contributions to align with cost-saving measures.
Importance: Addressing this news is crucial due to the current economic uncertainty, which affects investment decisions and tax planning. The reduction in benefits and pensions could impact employees' retirement planning and financial stability, making it essential to stay informed about these changes. Additionally, the restructuring may influence Ameren's stock performance and investor sentiment in the broader market.
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For more information you can reach the plan administrator for Ameren at 1901 Chouteau Avenue St. Louis, MO 63103; or by calling them at (800) 755-5000.

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