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

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'Equifax 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.

'Equifax 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 Equifax 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 Equifax 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 Equifax 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.

Featured Video

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 type of retirement savings plan does Equifax offer to its employees?

Equifax offers a 401(k) retirement savings plan to help employees save for retirement.

How can employees at Equifax enroll in the 401(k) plan?

Employees at Equifax can enroll in the 401(k) plan through the company's benefits portal during the enrollment period or after they meet eligibility requirements.

Does Equifax provide any matching contributions to the 401(k) plan?

Yes, Equifax offers a matching contribution to the 401(k) plan, which helps employees boost their retirement savings.

What is the vesting schedule for matching contributions at Equifax?

The vesting schedule for matching contributions at Equifax typically follows a graded vesting formula, allowing employees to gradually gain ownership of the contributions over time.

Can employees at Equifax take loans against their 401(k) savings?

Yes, Equifax allows employees to take loans against their 401(k) savings, subject to certain conditions and limits.

What investment options are available in Equifax's 401(k) plan?

Equifax's 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles to suit different risk tolerances.

How often can employees at Equifax change their 401(k) contribution amounts?

Employees at Equifax can change their 401(k) contribution amounts at any time, subject to the plan's guidelines.

Is there an automatic enrollment feature in Equifax's 401(k) plan?

Yes, Equifax has an automatic enrollment feature that enrolls eligible employees in the 401(k) plan unless they choose to opt out.

What is the minimum contribution percentage for Equifax's 401(k) plan?

The minimum contribution percentage for Equifax's 401(k) plan may vary, but typically it starts at 1% of the employee's eligible pay.

Are there any fees associated with Equifax's 401(k) plan?

Yes, there may be fees associated with Equifax's 401(k) plan, such as administrative fees or investment fees, which are disclosed in the plan documents.

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

Equifax, as part of its employee benefits structure, offers both a pension plan and a 401(k) plan. In 2009, Equifax froze its defined benefit pension plan for many of its employees. This freeze impacted approximately 4,000 U.S. employees, though about 300 employees who met certain grandfathering criteria continued to participate in the pension plan. The defined benefit pension plan remains active for these grandfathered employees, while the remainder of the workforce transitioned to an enhanced 401(k) plan. Equifax's pension plan had over $606 million in assets as of 2007 (Workforce.com) (Equifax Inc.). For the employees transitioned to the enhanced 401(k) plan, Equifax introduced automatic contributions ranging from 1.5% to 4% of salary based on years of service. This contribution is made regardless of employee participation. Additionally, Equifax provides a 100% match on employee contributions up to 4% of pay. The company also offers investment options to maximize retirement benefits through its 401(k) plan

Restructuring and Layoffs: In early 2024, Equifax announced a strategic restructuring plan aimed at streamlining operations and improving efficiency. This move included a reduction in the workforce, affecting approximately 10% of its employees globally. The restructuring is part of a broader initiative to focus on core areas and reduce operational costs. Importance: It is crucial to monitor these developments due to the current economic climate, which is characterized by increased volatility and changing investment conditions. Companies are adjusting their strategies to stay competitive, and understanding these changes can provide insights into broader market trends and potential impacts on investment and tax strategies.

Equifax (EFX) offers stock options as part of its employee compensation packages. Employees at Equifax are granted stock options to align their interests with those of the company's shareholders. Stock options at Equifax generally vest over a period of time, encouraging long-term employment. Specific details on the vesting schedule and eligibility can be found in Equifax’s employee handbook or compensation plan documents. As of 2022-2024, Equifax has periodically updated its stock option plans to stay competitive and reward high-performing employees. Restricted Stock Units (RSUs): Equifax (EFX) provides Restricted Stock Units (RSUs) to employees, which are typically used to retain talent and incentivize performance. RSUs at Equifax vest based on time or performance metrics. RSUs at Equifax are usually granted to senior executives and high-performing employees. The vesting schedule for RSUs is detailed in Equifax's equity compensation plan. For the years 2022, 2023, and 2024, Equifax has adjusted its RSU grants to align with market trends and company performance goals.

Health Benefits Overview (2023): Equifax provides a range of health benefits including medical, dental, and vision coverage. They offer both HMO and PPO plans, with some plans featuring Health Savings Accounts (HSAs) or Flexible Spending Accounts (FSAs). Acronyms: HMO (Health Maintenance Organization), PPO (Preferred Provider Organization), HSA (Health Savings Account), FSA (Flexible Spending Account). Recent Updates: As of 2023, Equifax has continued to enhance its health benefits offerings, focusing on mental health support and expanding telemedicine services. They also introduced new wellness programs aimed at improving overall employee health and well-being.