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Intercontinental Exchange Employees: Strategic Ways to Reduce Capital Gains on Appreciated Stock

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'Intercontinental Exchange 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.

'Intercontinental Exchange 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 Intercontinental Exchange 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 Intercontinental Exchange 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 Intercontinental Exchange 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 plan does Intercontinental Exchange offer to its employees?

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

How can employees of Intercontinental Exchange enroll in the 401(k) plan?

Employees of Intercontinental Exchange can enroll in the 401(k) plan through the company’s benefits portal during the enrollment period.

Does Intercontinental Exchange match employee contributions to the 401(k) plan?

Yes, Intercontinental Exchange provides a matching contribution to employee contributions in the 401(k) plan, subject to certain limits.

What is the maximum employee contribution limit for the 401(k) plan at Intercontinental Exchange?

The maximum employee contribution limit for the 401(k) plan at Intercontinental Exchange follows the IRS guidelines, which may change annually.

When can employees of Intercontinental Exchange start contributing to their 401(k) plan?

Employees of Intercontinental Exchange can start contributing to their 401(k) plan as soon as they meet the eligibility requirements set by the company.

What investment options are available in the Intercontinental Exchange 401(k) plan?

The Intercontinental Exchange 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles.

Can employees of Intercontinental Exchange take loans against their 401(k) savings?

Yes, employees of Intercontinental Exchange may be able to take loans against their 401(k) savings, subject to the plan’s terms and conditions.

What happens to my 401(k) plan if I leave Intercontinental Exchange?

If you leave Intercontinental Exchange, you have several options for your 401(k) plan, including rolling it over to another retirement account, cashing it out, or leaving it in the Intercontinental Exchange plan if permitted.

Is there a vesting schedule for the 401(k) contributions at Intercontinental Exchange?

Yes, Intercontinental Exchange has a vesting schedule for employer contributions to the 401(k) plan, which means that employees must work for the company for a certain period to fully own those contributions.

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

Employees of Intercontinental Exchange can change their 401(k) contribution amounts during designated enrollment periods or as allowed by the plan.

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

Plan Name: Intercontinental Exchange Pension Plan (specific plan name may vary in documents) Years of Service and Age Qualification: Typically, eligibility for pension plans includes a minimum number of years of service and reaching a certain age. For ICE, you would generally need to have a specific number of years of service (e.g., 5-10 years) and be a certain age (e.g., 55 or older). Pension Formula: Pension benefits are usually calculated based on years of service and salary, often using a formula like “Final Average Salary x Years of Service x Pension Multiplier”. Specific formulas should be detailed in the plan documents. Plan Name: Intercontinental Exchange 401(k) Plan Eligibility: Typically, employees are eligible to participate in the 401(k) plan from their date of hire or after a specific waiting period. Plan Details: The 401(k) plan often includes options for employee contributions, company matching contributions, and investment choices. The specifics of matching contributions, vesting schedules, and investment options are detailed in the plan document.

Restructuring and Layoffs: In early 2023, ICE announced a restructuring plan involving a reduction in workforce. The decision was influenced by strategic shifts to streamline operations and adapt to market changes. The economic uncertainty and ongoing technological advancements necessitated this move to maintain competitive advantage. This restructuring highlights the need for employees and stakeholders to stay informed about such changes given the broader economic and political context affecting investment strategies.

Stock Options: In 2022, Intercontinental Exchange (ICE) provided stock options primarily to senior executives and key employees as part of their incentive compensation program. These options generally had a vesting period of 4 years and were priced at the market value at the time of grant. RSUs: Intercontinental Exchange (ICE) awarded RSUs to a broader range of employees including managers and above. The RSUs typically vested over a 3-year period, with performance-based metrics affecting final vesting

Health Benefits: ICE provides a comprehensive benefits package, including medical, dental, and vision coverage. The plans are designed to be flexible to cater to various employee needs. Acronyms and Terms: HDHP: High Deductible Health Plan HSA: Health Savings Account FSA: Flexible Spending Account EAP: Employee Assistance Program Recent News: ICE's benefits information is generally updated annually, with the latest changes reflecting adjustments to premiums, co-pays, and coverage options.