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

'Lubrizol 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.

'Lubrizol 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 Lubrizol 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 Lubrizol 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 Lubrizol 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 are the considerations Lubrizol employees should take into account when deciding between a monthly annuity payment and a one-time lump sum payment from the BHCPP Plan? How does each option affect their overall retirement strategy, particularly regarding tax implications and cash flow management?

Monthly Annuity vs. Lump Sum Payment: Lubrizol employees choosing between a monthly annuity and a lump sum payment should consider their personal financial needs, tax situation, and cash flow. The lump sum payment offers a one-time cash amount that can be invested or used immediately but could be subject to higher taxes if not rolled over properly. On the other hand, an annuity provides steady income for life, which may be beneficial for long-term cash flow management. Consulting a financial advisor is crucial to determine the best option based on individual circumstances(Lubrizol_11_1_2022_Lump…).

In what ways do early retirement age milestones affect the value of retirement benefits for Lubrizol employees? Specifically, how do the age thresholds of 55 and 62 impact the reduction of benefits, and what strategies can employees employ to maximize their benefits around these key ages?

Early Retirement Age Milestones: Retirement age milestones, particularly 55 and 62, play a significant role in determining benefit values. At age 55, employees with 10 years of service receive a partially subsidized early retirement benefit, reducing the financial penalty for early retirement. At age 62, employees qualify for a full early retirement subsidy, which significantly boosts benefit value. Employees should consider these age thresholds when planning their retirement strategy(Lubrizol_11_1_2022_Lump…).

How does the current interest rate environment influence the lump sum value offered to retiring Lubrizol employees? Can you elaborate on how employees can use the pension modeler to forecast the potential financial outcomes of their lump sum offer in relation to interest rate changes?

Interest Rates and Lump Sum Value: The lump sum value for Lubrizol retirees is heavily influenced by the Federal interest rates. As interest rates rise, lump sum payments decrease, and vice versa. Employees can use the pension modeler provided by Lubrizol to forecast how interest rate changes will affect their lump sum payment. This tool allows employees to simulate different scenarios based on their planned retirement dates and interest rate assumptions(Lubrizol_11_1_2022_Lump…).

What resources and tools does Lubrizol provide to help employees understand the implications of their retirement benefits? Additionally, how can employees utilize Empower's financial planning team to align their retirement savings and pension benefits with their long-term financial goals?

Resources for Retirement Planning: Lubrizol provides several resources to help employees understand their retirement benefits. These include the pension modeler, which simulates retirement scenarios, and access to Empower’s financial planning team. Employees can use these tools to align their retirement savings and pension benefits with long-term goals and gain a clearer picture of what retirement may look like(Lubrizol_11_1_2022_Lump…).

In the context of the BHCPP Plan, what are the steps Lubrizol employees should follow to ensure they receive the correct retirement kit and benefit calculation based on the upcoming interest rates? What are the key deadlines and documentation required for making an informed decision?

Steps for Accurate Retirement Kit and Benefit Calculation: To receive the correct retirement kit and benefit calculation, Lubrizol employees need to request a retirement kit from the BHCPP Pension Service Center before key deadlines. For example, those targeting a benefit commencement date of December 1, 2022, must request a kit by November 1, 2022. Using the pension modeler can also help employees estimate their lump sum based on upcoming interest rates(Lubrizol_11_1_2022_Lump…).

How do Lubrizol's retirement benefits integrate with Social Security and other personal savings an employee may have? What should employees consider when evaluating their total retirement package, and how can they effectively project their income in retirement?

Integration with Social Security and Other Savings: Lubrizol’s retirement benefits should be considered alongside Social Security and personal savings. Employees can model their total retirement income using Empower's tools, which include data from their pension and 401(k). It's essential for employees to project their income from all sources to ensure financial stability in retirement(Lubrizol_11_1_2022_Lump…).

How does the pension modeler work for Lubrizol employees, and what unique features does it offer to help in planning their retirement? Can you discuss specific scenarios that employees might model, such as varying retirement dates or different financial assumptions?

Pension Modeler for Retirement Planning: The pension modeler available to Lubrizol employees is a powerful tool that allows them to simulate different retirement scenarios, including varying retirement ages and financial assumptions. Employees can model up to three scenarios simultaneously, enabling them to make informed decisions about the timing of their retirement and the potential financial outcomes(Lubrizol_11_1_2022_Lump…).

What information should Lubrizol employees gather prior to consulting with personal financial planners or the Lubrizol-sponsored CFPs? How can being well-prepared enhance the quality of advice and strategies received during such consultations?

Preparation for Financial Planner Consultations: Prior to consulting with financial planners, Lubrizol employees should gather comprehensive details about their personal financial situation, including monthly income, savings, expenses, and retirement goals. Being well-prepared will enhance the quality of advice they receive and enable more effective retirement planning(Lubrizol_11_1_2022_Lump…).

Can you explain the impact of Federal interest rates on the calculation of lump sum payments for Lubrizol retirees? How frequently are these rates updated, and where can employees find the most recent data relevant to their retirement planning?

Impact of Federal Interest Rates on Lump Sum Payments: Federal interest rates, updated annually in October, significantly affect the calculation of lump sum payments for Lubrizol retirees. These rates are used to discount future annuity payments to present value. Employees can find the latest interest rate data on the IRS website or through Lubrizol’s pension modeler(Lubrizol_11_1_2022_Lump…)(Lubrizol_11_1_2022_Lump…).

How can Lubrizol employees contact the BHCPP Pension Service Center for further assistance regarding their retirement benefits? What specific information should they have on hand to facilitate a productive conversation about their retirement options? These questions are designed to provide depth and complexity, encouraging detailed exploration and resources related to the retirement process for Lubrizol employees.

Contacting the BHCPP Pension Service Center: Lubrizol employees can contact the BHCPP Pension Service Center at 877-459-2403 for assistance with retirement benefits. To have a productive conversation, employees should have their retirement kit request details, planned retirement dates, and personal financial information readily available(Lubrizol_11_1_2022_Lump…)(Lubrizol_11_1_2022_Lump…).