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Bank of America Employees: Strategic Ways to Reduce Capital Gains on Appreciated Stock

Healthcare Provider Update: Healthcare Provider for Bank of America Bank of America offers its employees a range of healthcare plans, primarily provided through Anthem BlueCross BlueShield, commonly known as Anthem. This partnership enables Bank of America employees to access various medical, dental, and vision insurance plans, tailored to the needs of its diverse workforce. Anticipated Healthcare Cost Increases for Bank of America in 2026 As we approach 2026, healthcare costs for Bank of America employees are expected to rise significantly due to multiple factors. Notably, the expiration of enhanced federal premium subsidies under the Affordable Care Act (ACA) is projected to amplify out-of-pocket premiums by more than 75% for many employees. Further compounding this issue is the continuous rise in medical costs, which, coupled with escalating charges from insurers, could lead to double-digit rate increases. This perfect storm of factors places a significant financial burden on employees, prompting the need for strategic planning and proactive measures to mitigate rising healthcare expenses Click here to learn more

'Bank of America 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.

'Bank of America 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:

How a Section 351 exchange can defer capital gains on highly appreciated stock.
Alternative tax-efficient strategies such as charitable donations, tax loss harvesting, and gifting.
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 Bank of America 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 Bank of America 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 Bank of America 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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Articles you may find interesting:

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.

What are the key differences between the single-life annuity option and the joint-life annuity option offered by Bank of America Corporation, and how can employees determine which option is more beneficial for their personal circumstances? To make this decision, employees should consider their marital status, life expectancy, and other retirement income sources they might have while assessing their overall financial picture.

Single-life vs. Joint-life Annuity Options: The single-life annuity option provides monthly payments only for the retiree's life, making it potentially higher as it is based solely on one life expectancy. Conversely, the joint-life annuity option extends payments to cover the life of a spouse or another beneficiary after the retiree's death, typically resulting in lower monthly payments due to the extended payout period. Employees should consider their marital status, life expectancy, and whether they need to provide for a spouse or other dependents in deciding which option suits their personal circumstances best.

How does the vesting schedule in the pension plan of Bank of America Corporation affect employees' entitlement to their benefits, and what factors should employees consider when planning for their retirement? Understanding whether your plan follows a cliff or graded vesting approach is crucial to knowing how long employees must work before they fully own their benefits.

Vesting Schedule Impact: Bank of America's pension plan offers two types of vesting schedules: cliff and graded. Cliff vesting allows employees to be fully vested after a set number of years, while graded vesting gradually increases the vested percentage over time. Employees should factor in their career plans, like how long they intend to stay with the company, as reaching full vesting can significantly affect their pension entitlement.

Given that pension plans are increasingly uncommon, as noted for Bank of America Corporation, how can employees best utilize their pension benefits to ensure financial stability in retirement? Employees should explore the historical context of pension availability in the company and industry while considering the impact of other retirement accounts, such as 401(k) plans and IRAs.

Utilizing Pension Benefits: With pension plans becoming less common, employees of Bank of America should maximize this benefit by understanding how it complements other retirement resources such as 401(k)s or IRAs. Employees can benefit from the security a pension provides by integrating it into a broader retirement strategy, considering factors like inflation and other income sources.

In what ways can Bank of America Corporation employees access information about the specifics of their pension plans, including eligibility criteria and benefit calculations? Employees should familiarize themselves with their Summary Plan Description (SPD) and the Annual Funding Notice they receive to stay informed about their benefits.

Accessing Pension Plan Information: Bank of America employees can access details of their pension plans through the Summary Plan Description (SPD) and Annual Funding Notices. These documents provide essential information about eligibility, benefit calculations, and rights under the plan, helping employees make informed decisions about their retirement.

What considerations should Bank of America Corporation employees take into account when opting for a lump-sum distribution versus an annuity payment, and how might these choices impact their long-term financial security? Employees need to evaluate their comfort with investment risks and their plans for retirement fund distribution, keeping in mind the potential for inflation.

Choosing Between Lump-Sum and Annuity Payments: The choice between receiving a lump-sum or annuity payments impacts long-term financial security. A lump-sum offers flexibility and control over investments, suitable for those comfortable with managing large sums. An annuity provides a steady income stream, preferable for those seeking stability and less investment risk. Factors like health, life expectancy, and other income sources should influence this decision.

How can employees at Bank of America Corporation estimate their monthly retirement income from the pension plan, and what resources are available to help them with this calculation? Utilizing employer-provided tools, financial calculators, or consulting with a financial planner could significantly aid employees in understanding their expected retirement income.

Estimating Monthly Retirement Income: Bank of America employees can estimate their pension income using tools provided by the employer, such as financial calculators, or by consulting with a financial planner. These resources help employees project their income based on their salary and years of service.

Considering the potential tax implications associated with pension plans, how should employees of Bank of America Corporation prepare to manage these taxes upon retiring? Understanding when taxes will be incurred and what strategies can minimize tax liabilities will be key as they transition into retirement.

Managing Tax Implications of Pensions: Understanding the tax implications of pension benefits is crucial. Bank of America employees should plan for the taxation of pension payments upon receipt and consider strategies to minimize tax liabilities, possibly consulting with tax professionals.

How does the funding structure of Bank of America Corporationâ€™s pension plan, including employer contributions, influence the sustainability and reliability of benefits for employees? Employees should be aware of the responsibilities their employer has in managing the pension plan and ensuring sufficient funding across economic fluctuations.

Funding Structure and Benefit Reliability: The sustainability of pension benefits at Bank of America depends on the company's commitment to adequately fund the plan and pay required insurance premiums to the PBGC. Employees should be aware of the funding status through the Annual Funding Notice to assess the plan's health.

What role does the Pension Benefits Guaranty Corporation (PBGC) play in protecting the pension benefits of Bank of America Corporation employees, and how should employees understand this protection when planning for their future? Familiarizing themselves with the limits of the PBGC can help employees gauge the security of their pension benefits.

Role of the PBGC: The Pension Benefits Guaranty Corporation (PBGC) protects the pension benefits of Bank of America employees, providing a safety net in cases where plans cannot meet their obligations. Employees should understand the extent of PBGC coverage and limits to evaluate the security of their benefits.

How can Bank of America Corporation employees reach out to learn more about their pension plan and any specific benefits applicable to them? Employees should seek guidance from the plan administrator or utilize the communication channels provided within the company to obtain personalized assistance regarding their retirement planning needs.

Learning More About Pension Benefits: Bank of America employees looking for more detailed information about their specific pension benefits should consult their plan administrator or utilize company-provided communication channels. This direct engagement helps ensure employees receive personalized and up-to-date information regarding their retirement planning.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.

Bank of America offers both a traditional defined benefit pension plan and a defined contribution 401(k) plan. The defined benefit plan provides retirement income based on years of service and final average pay. The 401(k) plan features company matching contributions and various investment options, including target-date funds and mutual funds. Bank of America provides financial education and planning resources to help employees manage their retirement savings.

Bank of America has faced layoffs as part of its ongoing restructuring efforts in 2024. Despite the layoffs, the company continues to offer extensive retirement benefits, including 401(k) plans, pension plans, and various health and wellness programs for retirees. Staying updated on these benefits is essential in the current political environment.

Bank of America grants RSUs that vest over a specific period, providing shares upon vesting. They also offer stock options, allowing employees to purchase shares at a set price.

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For more information you can reach the plan administrator for Bank of America at 100 N Tryon St Charlotte, NC 28255; or by calling them at +1 800-432-1000.