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

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Healthcare Provider Update: Healthcare Provider for Equinix: Equinix, a global leader in data center and interconnection services, has implemented health initiatives designed to enhance employee well-being. While specific healthcare providers can vary by location and plan offerings, Equinix collaborates with major insurance carriers such as UnitedHealthcare to deliver comprehensive health benefits to its employees across various regions. Potential Healthcare Cost Increases in 2026: As we look towards 2026, significant healthcare cost increases are anticipated, exacerbated by various factors affecting the Affordable Care Act (ACA) marketplace. Projections indicate that health insurance premiums could soar, with some states facing increases of over 60%, impacting millions of enrollees. The expiration of enhanced federal premium subsidies, coupled with escalating medical costs, could drive out-of-pocket expenses up by more than 75% for a vast majority of policyholders. Consequently, consumers are urged to proactively plan and strategize for these impending financial shifts to mitigate the potential impact on their healthcare budgets. Click here to learn more

'Equinix 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.

'Equinix 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 Equinix 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 Equinix 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 Equinix 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.

What type of retirement plan does Equinix offer to its employees?

Equinix offers a 401(k) retirement savings plan to its employees.

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

Yes, Equinix provides employer matching contributions to help employees maximize their retirement savings.

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

Equinix employees can enroll in the 401(k) plan through the company’s HR portal or by contacting the HR department for assistance.

What is the vesting schedule for employer contributions at Equinix?

The vesting schedule for employer contributions at Equinix typically follows a graded vesting schedule, which employees can review in the plan documents.

Can Equinix employees change their contribution rate to the 401(k) plan?

Yes, Equinix employees can change their contribution rate at any time during the year, subject to the plan’s guidelines.

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

Equinix offers a variety of investment options in its 401(k) plan, including mutual funds, target-date funds, and other investment vehicles.

Is there a loan provision in Equinix's 401(k) plan?

Yes, Equinix allows employees to take loans against their 401(k) balance, subject to the plan's terms and conditions.

What is the minimum age requirement for Equinix employees to participate in the 401(k) plan?

Equinix employees must be at least 21 years old to participate in the 401(k) plan.

Does Equinix allow for hardship withdrawals from the 401(k) plan?

Yes, Equinix permits hardship withdrawals under certain circumstances as defined by the plan.

How often can Equinix employees review their 401(k) account statements?

Equinix employees can review their 401(k) account statements quarterly through the plan's online portal.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Equinix provides employees with a 401(k) retirement plan, which includes both a traditional pre-tax option and a Roth option. Employees can contribute to the 401(k) plan, and Equinix will match 50% of contributions on the first 6% of eligible earnings, both pre-tax and Roth contributions. The employer matching contributions vest over four years, with 25% vested each year. The Equinix 401(k) plan is available to all full-time employees, with eligibility to participate starting on the first day of employment​ (Equinix). In addition to the 401(k), Equinix does not offer a traditional defined benefit pension plan. However, the company emphasizes its 401(k) plan as the primary retirement savings vehicle, and encourages employees to contribute towards it to take advantage of the matching contributions​
Restructuring and Layoffs: In early 2024, Equinix announced a significant restructuring plan aimed at streamlining operations and enhancing efficiency. This plan included the reduction of approximately 5% of its global workforce, primarily impacting administrative and support roles. This move is seen as a response to the shifting demands in the data center industry and aims to optimize Equinix's operational structure. Importance: It is crucial to monitor these changes due to the current economic climate, which includes inflationary pressures and shifts in data consumption trends. This restructuring is part of a broader trend among tech companies adjusting to new economic realities.
For employees of Equinix, RSUs are a prevalent form of compensation, especially in 2022, 2023, and 2024. These RSUs are typically single-trigger, meaning they vest based on tenure alone. However, in certain cases, Equinix may offer double-trigger RSUs that vest upon both tenure and a significant company event, such as a merger or acquisition​ (Amplify Partners)​ (Vested Finance). RSUs are granted in alignment with the company's performance, offering employees ownership incentives. Equinix provides clear guidelines regarding the forfeiture of unvested RSUs if an employee leaves the company before the vesting date​ (Equinix, Inc.). Equinix has consistently refreshed its stock option and RSU pools, especially following financing rounds or strategic acquisitions. The goal is to maintain a sufficient number of equity grants available for current and future employees. Both stock options and RSUs are awarded to key contributors across all levels, but executives and senior leadership often receive larger allocations. RSUs retain value regardless of stock price fluctuations, unlike stock options which may lose value if the stock price falls below the strike price
2022 Benefits Overview: The Equinix benefits program for 2022 included comprehensive health insurance options, wellness programs, and employee assistance programs. They provided multiple health plans including PPO (Preferred Provider Organization), HMO (Health Maintenance Organization), and HDHP (High Deductible Health Plan) options. 2023 Updates: The benefits plan for 2023 saw enhancements in mental health support, including expanded telehealth services and a focus on holistic wellness. 2024 Changes: For 2024, Equinix continued to emphasize mental health and wellness, integrating new digital health tools and resources. They also introduced a new benefit for fertility and family planning support.
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