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

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'Fox 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.

'Fox 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 Fox 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 Fox 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 Fox 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 21st Century Fox America Inc. determine the funding status of its pension plan, and what key metrics are utilized in evaluating its financial health? Employees may want to understand the significance of the Funding Target Attainment Percentage and how it influences their retirement benefits, especially as it pertains to both the general and specific circumstances affecting funding levels.

Funding Status and Metrics: 21st Century Fox America Inc. determines the funding status of its pension plan by calculating the Funding Target Attainment Percentage (FTAP), which divides the plan’s net assets by its liabilities. For the 2022 plan year, the FTAP was 125.79%. This metric is crucial because it indicates how well the plan is funded. A high FTAP suggests that the plan is well-funded and capable of meeting its obligations, which directly influences employees' retirement security​(21st Century Fox Americ…).

What considerations does 21st Century Fox America Inc. take into account when deciding the investment strategies for its pension plan? Employees should be informed about the policy guidelines that govern the allocation of the plan's assets, including which asset classes are prioritized and the expected outcomes from such investment decisions.

Investment Strategy Considerations: The company follows specific investment policies that establish guidelines for asset allocation within the pension plan. These policies ensure that assets are allocated among major categories like equities, fixed income, and cash. The fiduciaries of the plan determine the target ranges for each category, aiming for stable returns and long-term viability​(21st Century Fox Americ…).

How can employees of 21st Century Fox America Inc. assess their rights and the processes involved should the pension plan terminate? This includes evaluating the stipulations provided by federal laws that dictate what happens to vested benefits upon termination and what steps participants can take to secure their entitlements.

Rights and Pension Termination: Should the pension plan terminate, federal law requires 21st Century Fox America Inc. to follow certain procedures. If fully funded, the plan would undergo a standard termination, where an insurance company provides annuities, or a lump sum may be offered. In underfunded cases, a distress termination could occur, where the Pension Benefit Guaranty Corporation (PBGC) takes over​(21st Century Fox Americ…).

What are the recent changes in federal regulations influencing how pension plans, such as the one at 21st Century Fox America Inc., calculate their liabilities? Employees need to grasp the implications of these regulations on their future benefits, specifically regarding the new methodologies for determining financial sufficiency.

Impact of Federal Regulations: Recent changes in federal regulations, including the American Rescue Plan Act of 2021, adjusted the methodologies for calculating pension liabilities. Plans now incorporate a 25-year interest rate average, which typically results in higher interest rates and lower liabilities, affecting the funding status and employer contributions​(21st Century Fox Americ…).

In the context of 21st Century Fox America Inc., what is the role of the Pension Benefit Guaranty Corporation (PBGC) in guaranteeing pension benefits, and what are the criteria for ensuring benefits remain secure? Understanding how the PBGC functions and its limits is critical for employees planning their retirements.

Role of PBGC: The PBGC provides a guarantee for vested pension benefits in the event of plan termination. The guarantee is subject to legal limits, which vary depending on the participant’s age and the plan’s termination date. For 2023, the maximum annual benefit for a 65-year-old retiree was $81,000​(21st Century Fox Americ…).

What steps can employees take to access information related to their pension plan from 21st Century Fox America Inc., and how can they ensure they receive timely updates regarding their benefits? Details about the channels available for inquiries and the importance of keeping informed about funding levels and benefits are crucial.

Accessing Pension Information: Employees can access information about their pension plan through the Disney Benefits Center by calling (800) 354-3970. Staying informed about the plan’s funding levels and benefits is essential, and employees are encouraged to review the annual funding notice for updates​(21st Century Fox Americ…).

How does 21st Century Fox America Inc. manage the risks associated with its pension investments, particularly in a volatile market climate? Employees could benefit from insights into risk management strategies and how they affect long-term pension viability.

Risk Management in Investments: To manage investment risks, 21st Century Fox America Inc. adheres to a diversified asset allocation strategy. This approach helps mitigate market volatility and ensures the long-term sustainability of pension benefits despite changing economic conditions​(21st Century Fox Americ…).

In what ways can a participant's years of service and salary history with 21st Century Fox America Inc. affect their retirement benefits, and what mechanisms are in place to ensure accurate benefit calculations? Exploring the relationship between service, salary, and pension outcomes can help clarify employee expectations.

Service and Salary Impact on Benefits: The pension plan is structured to account for employees' years of service and salary history in calculating their retirement benefits. These factors directly affect the benefit amount, and the plan ensures that accurate records are maintained to reflect this information​(21st Century Fox Americ…).

What unique benefits does 21st Century Fox America Inc. offer that may enhance its pension plan, and how can employees maximize their advantages while planning for retirement? Understanding available supplemental benefits can empower employees in their retirement planning journeys.

Enhancing Pension Benefits: Employees of 21st Century Fox America Inc. may benefit from supplemental retirement benefits, including early retirement options or disability benefits. Understanding and maximizing these options can significantly impact long-term retirement planning​(21st Century Fox Americ…).

How can employees of 21st Century Fox America Inc. get in touch with the Disney Benefits Center to inquire further about their employee benefits or to clarify any aspects of the pension plan? Having clear contact information and the process for accessing support can greatly assist employees in navigating their retirement preparation.

Contacting the Disney Benefits Center: Employees can reach out to the Disney Benefits Center at (800) 354-3970 for any inquiries related to their pension plan or other employee benefits. This resource is crucial for clarifying benefit details and addressing any concerns​(21st Century Fox Americ…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Fox Corporation offers a 401(k) plan and a pension plan to its employees. The 401(k) plan includes a company match, typically up to 4-6% of the employee's salary, with a partial match beyond that percentage. The company also offers a defined benefit pension plan, although specific details like the pension formula, years of service, or age qualifications were not detailed in the sources reviewed. However, Fox emphasizes comprehensive benefits, including financial security through retirement plans.
In 2023, Fox News underwent significant layoffs as part of a broader restructuring effort, largely driven by the financial strain following the $787.5 million lawsuit settlement with Dominion Voting Systems. These layoffs, including those from the investigative unit, are believed to be part of cost-cutting measures. This is critical to address due to the current economic and political environment, where the company must adjust to financial pressures while maintaining investor confidence and adapting to changing tax regulations.
Stock Options: Fox Corporation offers stock options that allow employees to purchase company stock at a predetermined price, known as the exercise or strike price, after the options have vested. Vesting periods for these options vary, typically ranging from 1 to 5 years. Once vested, employees can exercise their options within a specified period, generally up to 10 years from the grant date. The value of the stock options depends on the market price of Fox Corporation’s stock at the time of exercise; if the market price is higher than the exercise price, the options are "in the money" and can be profitable. Stock options at Fox are primarily available to executives and senior management, although some plans extend to other key employees depending on their role within the company. Restricted Stock Units (RSUs): Fox Corporation also provides RSUs, which represent a grant of company stock that is transferred to employees once the RSUs vest. Unlike stock options, RSUs do not require the employee to purchase the stock; instead, the shares are automatically granted at no cost upon vesting. The value of RSUs is more predictable, as it is tied directly to the market value of Fox Corporation’s stock at the time of vesting. The vested shares are considered taxable income and are typically subject to withholding for taxes. RSUs at Fox are usually granted to a broader group of employees, including executives, senior management, and other employees as part of their annual performance reviews or hiring packages.
Fox Corporation offers a comprehensive range of health benefits to its employees, which are designed to support their well-being from the first day of employment. The health benefits package includes medical, dental, and vision coverage, which are available without any waiting period for many positions. In addition to these core health benefits, Fox also provides flexible spending accounts (FSAs), life insurance, business travel insurance, and long-term disability insurance. Fox places a strong emphasis on whole-person health, including not just physical but also mental health support through their Employee Assistance Program (EAP). This reflects broader trends in employee health benefits, where companies are increasingly focusing on holistic wellness programs that address both physical and mental well-being, especially given the rising costs of healthcare and pharmaceuticals.
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For more information you can reach the plan administrator for Fox at , ; or by calling them at .

https://turbotax.intuit.com/tax-tips/retirement/net-unrealized-appreciation-nua-tax-treatment-amp-strategies/c71vBJZ2B https://bogartwealth.com/nua-strategy/ https://www.kiplinger.com/taxes/tax-planning/604591/net-unrealized-appreciation-a-hidden-tax-strategy https://darrowwealthmanagement.com/blog/net-unrealized-appreciation-rules/ https://www.foxrothschild.com/publications/interest-rate-hikes-present-challenge-for-fully-funded-pension-plans https://valueyourpension.com/pbgc-vs-irc-vs-gatt-interest-rates-and-present-value-calculation-methods/ https://www.milliman.com/en/insight/2023-lump-sums-defined-benefit-plans-much-lower-as-interest-rates-rise https://www.irs.gov/retirement-plans/pension-plan-funding-segment-rates https://www.foxcorporation.com/news/corp-press-releases/2022/fox-corporation-forms-special-committee-to-begin-exploring-a-potential-combination-with-news-corporation/ https://www.thewrap.com/fox-merger-acquisition-opportunities/ https://en.wikipedia.org/wiki/Fox_Corporation https://www.foxcareers.com/Content/docs/2023-FOX-Benefits-Summary.pdf https://foxcareers.com/LifeAtFox/BenefitsandPerks https://www.marshmma.com/us/insights/details/employee-health-and-benefits-trends.html https://www.milliman.com/en/ https://law-store.wolterskluwer.com/s/ https://am.gs.com/en-int/advisors

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