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

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Healthcare Provider Update: Healthcare Provider for Newmont Corporation Newmont Corporation typically offers healthcare benefits through various insurance options for its employees, primarily utilizing the services of major health insurers like UnitedHealthcare and Anthem Blue Cross Blue Shield (BCBS), depending on the geographical locations of their operations. As a large mining company, Newmont is committed to providing comprehensive health coverage, which likely includes various plans that are tailored to meet the needs of its diverse workforce. Potential Healthcare Cost Increases in 2026 As the healthcare landscape shifts towards significant premium hikes in 2026, Newmont Corporation may face compounded pressures from rising costs. With the Affordable Care Act (ACA) premium increases projected to exceed 60% in some states, many employees could see their out-of-pocket costs soar dramatically-potentially by over 75%-if enhanced federal premium subsidies expire as anticipated. This combination of escalating medical costs and the threat of reduced subsidies poses a considerable challenge for employers like Newmont, who might need to navigate these complexities to maintain access to affordable healthcare for their workforce. Click here to learn more

'Newmont 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.

'Newmont 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 Newmont 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 Newmont 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 Newmont 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.

What is the 401(k) plan offered by Newmont?

Newmont offers a 401(k) plan that allows employees to save for retirement by contributing a portion of their paycheck before taxes are taken out.

How does Newmont match employee contributions to the 401(k) plan?

Newmont provides a matching contribution to the 401(k) plan, typically matching a percentage of employee contributions up to a certain limit.

Can employees at Newmont change their 401(k) contribution amounts?

Yes, employees at Newmont can change their 401(k) contribution amounts at any time, subject to the plan's rules.

What investment options are available in Newmont’s 401(k) plan?

Newmont’s 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and company stock.

When can Newmont employees start contributing to the 401(k) plan?

Newmont employees can typically start contributing to the 401(k) plan after completing a specified period of employment, often within their first month.

Does Newmont allow for loans against the 401(k) plan?

Yes, Newmont allows employees to take loans against their 401(k) balance under certain conditions, as outlined in the plan documents.

What happens to my 401(k) account if I leave Newmont?

If you leave Newmont, you can choose to leave your 401(k) account with the company, roll it over to another retirement account, or cash it out, subject to taxes and penalties.

How does Newmont inform employees about their 401(k) plan options?

Newmont provides information about the 401(k) plan through employee orientation, benefit guides, and online resources available on the company’s intranet.

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

Yes, Newmont has a vesting schedule for matching contributions, meaning employees must work for a certain period to fully own the matching funds.

Can Newmont employees access their 401(k) funds while still employed?

Generally, Newmont employees cannot access their 401(k) funds while still employed, except through loans or hardship withdrawals as permitted 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.
Name of Pension Plan: Newmont Pension Plan Years of Service Requirement: 5 years of service required for eligibility. Age Qualification: Participants must be at least 55 years old to begin receiving benefits, with eligibility to retire at age 65. Pension Formula: The pension is calculated based on a formula that considers the average salary during the highest-paid years of service and years of service. Name of 401(k) Plan: Newmont 401(k) Retirement Savings Plan Eligibility Criteria: Employees are eligible to participate in the 401(k) plan after 30 days of employment.
Restructuring and Layoffs: Newmont Mining Corporation announced a significant restructuring plan in early 2024. The company is streamlining its operations and has decided to reduce its workforce by approximately 10% to enhance efficiency and cut costs. This move comes as part of a broader strategy to adapt to fluctuating gold prices and increasing operational costs. Given the current economic climate, where inflation and market volatility impact resource extraction industries, this restructuring is crucial for maintaining financial stability and competitiveness.
Newmont Corporation offers stock options and RSUs as part of its employee compensation package. For 2022, Newmont granted RSUs to senior executives and key employees, which are subject to performance and time-based vesting criteria. The stock options at Newmont are typically granted with a 10-year term and vest over a period of 3 to 5 years.
Benefits Overview: Newmont’s official website provides details about their employee benefits, including health insurance, wellness programs, and retirement plans. Health Benefits: Typically include medical, dental, and vision coverage, with options for health savings accounts (HSAs) or flexible spending accounts (FSAs). Newmont often emphasizes wellness initiatives and employee support programs. Acronyms: HSAs (Health Savings Accounts), FSAs (Flexible Spending Accounts), EAP (Employee Assistance Program)
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For more information you can reach the plan administrator for Newmont at , ; or by calling them at .

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