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Marsh & McLennan Employees: Strategic Ways to Reduce Capital Gains on Appreciated Stock

Healthcare Provider Update: Healthcare Provider Information: Marsh & McLennan Marsh & McLennan is a global professional services firm offering a wide range of services primarily through its subsidiaries. They do not provide healthcare in the traditional sense but are known for their consulting services related to risk management, insurance, and employee benefits, including health benefits consulting. They work with various healthcare providers and insurance companies to manage and strategize healthcare costs on behalf of their clients. Potential Healthcare Cost Increases in 2026 As we approach 2026, significant healthcare cost increases loom on the horizon, primarily driven by the expected sharp rise in Affordable Care Act (ACA) premiums. States could see premium hikes ranging from 18% to over 60%, attributable to the potential expiration of enhanced federal subsidies and ongoing medical cost inflation. Without these subsidies, many enrollees might face out-of-pocket premium increases exceeding 75%, exacerbating the financial strain on households. This perfect storm of factors underscores the urgency for individuals and employers to prepare for the rising costs and reassess their healthcare strategy in the impending year. Click here to learn more

'Marsh & McLennan 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.

'Marsh & McLennan 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 Marsh & McLennan 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 Marsh & McLennan 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 Marsh & McLennan 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.

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

Name of Pension Plan: Marsh & McLennan does not typically offer a traditional defined benefit pension plan. Instead, it offers a defined contribution plan. Years of Service and Age Qualification: The detailed eligibility criteria can be found in the Summary Plan Description (SPD) or 10-K filings. Pension Formula: As Marsh & McLennan primarily offers defined contribution plans, a pension formula might not be applicable Name of 401(k) Plan: Marsh & McLennan 401(k) Savings Plan. Eligibility Criteria: Generally available to full-time employees. Eligibility may require a waiting period.

Restructuring and Layoffs: Marsh & McLennan announced a restructuring plan in late 2023 to streamline operations and integrate their various business units more effectively. This restructuring involved the consolidation of certain departments and led to a reduction in workforce by approximately 5%. The move aimed to improve operational efficiency and align with the company’s strategic objectives for growth and innovation. Given the current economic climate, it's crucial for employees and investors to stay informed about these changes, as they impact job security and company performance. Benefit and Pension Changes: In 2024, Marsh & McLennan also updated its benefits package and pension plans. The company introduced enhanced retirement savings options, including increased 401(k) match contributions and expanded investment choices. These changes were made to attract and retain top talent amid a competitive labor market. Additionally, adjustments to the pension plan were implemented to ensure long-term financial stability and compliance with new regulations. These updates are significant in the context of current investment and tax environments, making it essential for stakeholders to review these changes carefully.

Marsh & McLennan (MMC) offers stock options primarily to senior executives and key employees. For 2022 and 2023, stock options were granted based on performance targets and individual roles. Marsh & McLennan (MMC) provides RSUs to a broader range of employees, including mid-level managers and above. In 2023, RSU grants were made as part of a broader incentive plan to align employee interests with shareholder value.

Healthcare Plans: Marsh & McLennan offers comprehensive healthcare plans, including medical, dental, and vision coverage. They provide various plan options to suit different needs, including PPO and HMO plans. Wellness Programs: The company emphasizes wellness programs and preventive care, with resources such as wellness coaching and fitness incentives.