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FTI Consulting Employees: Strategic Ways to Reduce Capital Gains on Appreciated Stock

Healthcare Provider Update: FTI Consulting provides its U.S. employees with a comprehensive benefits package that includes medical, dental, and vision coverage. Employees can also access Health Savings Accounts (HSAs), Flexible Spending Accounts (FSAs), life and disability insurance, and mental health support. Additional perks include paid parental leave, tuition reimbursement, and a 401(k) plan with matching contributions 2. Healthcare costs in the United States are projected to continue rising through 2026, with insurers proposing significant premium increases for Affordable Care Act (ACA) plans. A recent analysis found that ACA insurers are seeking a median premium increase of 15% for 2026, marking the largest hike since 2018. This surge is attributed to factors such as the anticipated expiration of enhanced premium tax credits, rising medical costsincluding expensive medications and increased hospital staysand a shift in the risk pool towards higher-cost enrollees. Without the renewal of enhanced subsidies, out-of-pocket premiums for ACA marketplace enrollees could increase by more than 75% on average. Click here to learn more

'FTI Consulting 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.

'FTI Consulting 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 FTI Consulting 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 FTI Consulting 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 FTI Consulting 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 is the 401(k) plan offered by FTI Consulting?

The 401(k) plan at FTI Consulting is a retirement savings plan that allows employees to save a portion of their salary on a pre-tax basis, which can help reduce their taxable income.

How can employees enroll in FTI Consulting's 401(k) plan?

Employees can enroll in FTI Consulting's 401(k) plan by accessing the benefits portal or contacting the HR department for guidance on the enrollment process.

Does FTI Consulting match employee contributions to the 401(k) plan?

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

What is the maximum contribution limit for FTI Consulting's 401(k) plan?

The maximum contribution limit for FTI Consulting's 401(k) plan is determined by the IRS guidelines, which can change annually. Employees should check the latest limits for the current year.

When can employees start contributing to FTI Consulting's 401(k) plan?

Employees at FTI Consulting can typically start contributing to the 401(k) plan after completing a specified waiting period, which is outlined in the plan documents.

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

FTI Consulting'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.

Can employees take loans against their 401(k) accounts at FTI Consulting?

Yes, FTI Consulting allows employees to take loans against their 401(k) accounts, subject to the terms and conditions outlined in the plan.

What happens to an employee's 401(k) account if they leave FTI Consulting?

If an employee leaves FTI Consulting, they have several options for their 401(k) account, including rolling it over to a new employer's plan, an IRA, or cashing it out, subject to taxes and penalties.

How often can employees change their contribution amounts in FTI Consulting's 401(k) plan?

Employees at FTI Consulting can change their contribution amounts at designated times throughout the year, as specified in the plan guidelines.

Is there a vesting schedule for FTI Consulting's 401(k) matching contributions?

Yes, FTI Consulting has a vesting schedule for matching contributions, which determines how much of the employer's contributions an employee is entitled to based on their length of service.

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

FTI Consulting offers a comprehensive benefits package, including retirement plans and a 401(k) plan designed to support employees throughout their careers. FTI Consulting provides a defined contribution plan for retirement, which includes employer matching contributions to the employee's 401(k) account. According to sources, the company offers a 5% match for employee contributions. Employees are eligible for immediate participation in the 401(k) plan upon hire, without a waiting period, and employer contributions vest after three years of service (FTI Consulting) (FTI Consulting). The company's 401(k) plan is referred to as the FTI Consulting 401(k) Plan, and employees can contribute a portion of their salary pre-tax, which is matched by the company up to 5%. Additionally, FTI Consulting offers a traditional pension plan as part of its defined benefit program. This pension plan provides 3% contributions from employees, with the company contributing an additional 5%, ensuring a robust financial security framework for long-term employees

In 2023, FTI Consulting announced a restructuring plan that involved streamlining its operations to focus on its core services. This restructuring included layoffs in several departments, particularly affecting support roles and administrative positions. The changes were part of a broader effort to enhance operational efficiency and adapt to evolving market conditions. Understanding these developments is crucial due to the current economic environment, which emphasizes the need for companies to remain agile and cost-effective amid economic uncertainties.

FTI Consulting offers stock options and RSUs as part of its employee compensation package. Stock options typically come with a vesting period and are granted based on employee performance and tenure. RSUs are also granted to employees, usually based on performance metrics and role within the company.

Search for employee reviews and benefits information on Glassdoor, where employees often discuss their healthcare benefits and overall satisfaction with the company. Indeed: Look up FTI Consulting's company profile on Indeed to see if there are any reviews or posted details about health benefits and related employee experiences. LinkedIn: Check LinkedIn for posts or updates related to FTI Consulting’s health benefits from current or former employees.