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Tax Strategies for Weyerhaeuser Employees With Concentrated Stock Positions

For Weyerhaeuser employees who have experienced significant market appreciation, the thought of rebalancing their portfolio can be daunting. The large embedded capital gains in their holdings often create a powerful disincentive to sell, leading to a 'tax-locked' portfolio. While an investor may have a well-diversified portfolio on the whole, a single, highly appreciated stock can still represent an uncomfortable level of risk. In these situations, the conventional wisdom of simply selling the position is often prohibitively expensive from a tax perspective. However, a little-known but powerful tool—the Section 351 exchange—may offer a strategic and tax-efficient solution.

Consider Michael, a successful professional with a total investment portfolio of $5 million. The majority of his assets are in a broadly diversified mix of mutual funds and exchange traded funds (ETFs). However, his portfolio also includes a single stock position valued at $500,000, which he acquired years ago for $100,000. While this single stock represents only 10% of his total portfolio, its low cost basis and unrealized gain of $400,000 make him hesitant to sell. A sale would trigger a tax bill of roughly $95,200, reducing the capital available for reinvestment and diversification. Michael's situation is common; he understands the importance of diversification, but the tax cost of achieving it feels punitive.

This is precisely the kind of scenario where a Section 351 exchange can provide a strategic advantage. This tax provision, as outlined in the Internal Revenue Code, allows for a tax-deferred transfer of property to a corporation in exchange for its stock, provided certain conditions are met. As Kevin Landis, a finanial advisor with Wealth Enhancement notes, 'A Section 351 exchange could help investors with appreciated assets achieve tax-efficient diversification.'

The core of the strategy is rooted in the tax code itself. IRC Section 351(a) states: “No gain or loss shall be recognized if property is transferred to a corporation by one or more persons solely in exchange for stock in such corporation and immediately after the exchange such person or persons are in control (as defined in section 368(c)) of the corporation.” The gain is not eliminated, but deferred, as the investor's original cost basis carries over to the new corporate shares. This is a critical distinction from a traditional sale.

For the exchange to be valid, two main requirements must be satisfied:

Diversification: The portfolio being transferred must be diversified according to the IRS's 25/50 test. This means no single holding can represent more than 25% of the total value, and the top five holdings cannot exceed 50%. Since Michael's $500,000 single stock position is only 10% of his total $5 million portfolio, his entire portfolio passes this test.

Control: The investor must have at least 80% control of the newly formed corporation immediately following the exchange. In practice, this is often achieved by multiple 'seeding' investors transferring assets at the same time to establish an ETF, or by an investor with a significant enough portfolio acting as the primary seeder of a new fund.

By working with an ETF sponsor that facilitates these exchanges, Michael can transfer his entire $5 million portfolio into a newly formed ETF. He would receive ETF shares in return, and his $400,000 unrealized gain would not be taxed. Within the ETF wrapper, the fund manager could then sell Michael's single stock and reinvest the proceeds into other securities to align with the fund's mandate. Due to the in-kind creation and redemption process of ETFs, this internal rebalancing does not trigger a taxable event for Michael. He has successfully diversified away from his single-stock risk and preserved the full $500,000 of market value.

Tyson Mavar, a Senior Vice President and Financial Advisor with Wealth Enhancement, emphasizes the importance of a holistic approach to these complex strategies. 'For clients with significant embedded gains, the goal is always to optimize after-tax returns,' Mavar says. 'A Section 351 exchange is a prime example of a strategy that, when executed correctly, can help preserve capital that may otherwise be lost to taxes, allowing it to continue working for the client over the long term.'

While the benefits are clear, it's important to acknowledge the limitations. The number of ETFs currently accepting such exchanges is limited, and these funds may have higher expense ratios than their more established counterparts. There's also the risk of an inadvertent tax treatment failure if the rules are not strictly followed. However, for an investor like Michael, the ability to defer a substantial tax bill and gain immediate diversification makes the strategy compelling. It is a powerful tool for advisors to help their clients escape the 'tax-locked' state and realign their portfolios with their long-term financial goals.

Key Resources:

IRC Section 351(a): https://www.law.cornell.edu/uscode/text/26/351

IRS Treasury Regulation 1.351-1(c)(5): This regulation details the diversification test, often referred to as the 25/50 test, which is crucial for the strategy to be valid.

Kitces.com: 'Using Section 351 Exchanges To Tax-Efficiently Reallocate Portfolios' by Ben Henry-Moreland (March 12, 2025). This article provides a comprehensive overview of the strategy's mechanics and use cases.

Cambria Tax Aware ETF (Ticker: TAX): As one of the first ETFs to publicly announce the use of Section 351 exchanges, its prospectus and fund information offer a real-world example of the strategy in practice.

Longview Advantage ETF (Ticker: EBI): Another example of a new fund launched via Section 351, demonstrating the increasing adoption of this strategy by ETF sponsors.

Other ideas if you own a highly appreciated stock

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Articles you may find interesting:

- Donating highly appreciated stock to a public charity.

- Contributing appreciated stock to a Donor-Advised Fund (DAF).

- Gifting highly appreciated stock to a family member in a lower tax bracket.

- Upstream gifting of appreciated stock to an older family member for a step-up in basis.

- Using tax-loss harvesting to offset capital gains.

- Entering into a variable prepaid forward contract.

- Reinvesting capital gains into a Qualified Opportunity Fund (QOF).

- Holding the stock until death to receive a step-up in basis for heirs.

What are the specific eligibility criteria for employees to participate in the Weyerhaeuser Pension Plan, and how do these criteria differ among salaried, non-union hourly, and union hourly employees? Understanding the nuanced eligibility requirements for the Weyerhaeuser Pension Plan is vital for employees considering their future retirement options. These guidelines not only determine who can partake in the plan but also influence the pension benefits they may accrue. Additionally, it would be beneficial to explore how changes in employment statusâ€”such as termination or reduction of hoursâ€”impact continuous eligibility in the plan.

Eligibility Criteria: Participation in the Weyerhaeuser Pension Plan depends on several factors, including whether an employee is salaried, non-union hourly, or union hourly. Salaried and non-union hourly employees accrue service until their employment ends, whereas union hourly employees' participation depends on collective bargaining agreements, with specific plan closure dates applicable at certain locations(Weyerhaeuser Company_Ef…).

Can you explain the process for calculating retirement benefits under the Weyerhaeuser Pension Plan, and what factors might affect final benefit amounts? This question delves into the critical components utilized in determining the retirement benefits for employees at Weyerhaeuser Company. Various elements such as length of service, salary history, and any contribution caps set by the IRS can significantly shape what an employee ultimately receives. Itâ€™s essential for employees to grasp how these factors interplay and what they can do to optimize their benefits as they approach retirement.

Retirement Benefit Calculation: Retirement benefits under the Weyerhaeuser Pension Plan are determined by a combination of vesting service and credited service. Vesting service establishes eligibility for benefits, while credited service calculates the benefit amount. Other factors, such as salary history, age at retirement, and IRS contribution limits, also affect the final benefit(Weyerhaeuser Company_Ef…).

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Beneficiary Designation: Employees are required to designate a beneficiary for the pension plan, especially if they are married. If married, the spouse must be the primary beneficiary unless written consent is provided. Employees can name contingent beneficiaries if their spouse predeceases them, and these designations must be submitted on approved forms(Weyerhaeuser Company_Ef…).

In what ways can employees initiate the claims process if they believe there has been an error in their pension benefit calculations at Weyerhaeuser Company? This process encompasses several steps, starting with how to formally lodge a complaint about potential discrepancies in pension calculations. Clear communication channels within Weyerhaeuser's administrative structure must be succinctly outlined for employees. Additionally, understanding the implications of unresolved claims on their financial future adds depth to this inquiry.

Claims Process: If an employee believes there has been an error in their pension benefit calculation, they can file a claim in writing with the Weyerhaeuser Pension Service Center. The employee will receive a written decision within 90 days, with an additional 90-day extension if needed. If the claim is denied, the employee can appeal the decision(Weyerhaeuser Company_Ef…).

What kind of healthcare benefits is available to retirees from Weyerhaeuser Company, and how do these benefits interplay with the pensions under the Weyerhaeuser Pension Plan? Examining the intersection of pension benefits with retiree healthcare provisions can reveal critical information for employees planning their post-retirement lives. Employees should understand what healthcare coverage entails and how it could affect their overall financial wellbeing once they transition into retirement.

How does Weyerhaeuser Company ensure compliance with the Employee Retirement Income Security Act (ERISA) with respect to the administration of the Pension Plan? ERISA sets forth numerous regulations that govern employee benefits plans, and understanding how Weyerhaeuser adheres to these guidelines is important for employees. This inquiry should focus on specific practices that ensure transparency, equity, and protection for employees' pension rights under this federal law.

ERISA Compliance: Weyerhaeuser ensures compliance with ERISA by providing employees with the necessary documents, including summary plan descriptions and annual reports. ERISA also grants employees the right to obtain information about their benefits, including the Plan's funding status and eligibility requirements(Weyerhaeuser Company_Ef…).

What potential risks should employees be aware of when considering the termination of the Weyerhaeuser Pension Plan, and what recourse do they have if this occurs? Understanding the risks associated with plan termination, including the financial impact on retirement savings, is crucial for employees. Furthermore, Weyerhaeuser's obligations in such a scenario and the options available to employeesâ€”whether itâ€™s transitioning to another plan or taking a lump-sum payoutâ€”should be addressed.

Plan Termination Risks: Employees should be aware that if Weyerhaeuser terminates the pension plan, their benefits may still be insured by the Pension Benefit Guaranty Corporation (PBGC). However, some benefits, such as recent increases or non-vested benefits, may not be fully covered by PBGC(Weyerhaeuser Company_Ef…).

What resources does Weyerhaeuser Company provide for employees to calculate their estimated benefits before retirement, and how can these estimates assist in retirement planning? Tools and resources offered by Weyerhaeuser to facilitate personal benefit calculations play a pivotal role in financial planning. Employees should know where to access these tools, which can provide insights into potential retirement income and underscore the importance of proactive planning.

Resources for Estimating Benefits: Weyerhaeuser provides tools and resources, such as benefit estimate calculators, through the Weyerhaeuser Pension Service Center. Employees are encouraged to use these tools to help with retirement planning, including understanding potential income and preparing for retirement(Weyerhaeuser Company_Ef…).

How can Weyerhaeuser employees effectively contact the Pension Service Center for detailed inquiries regarding their pension benefits or the claims process? Efficient communication with the Pension Service Center is vital for employees seeking clarification about their benefits. Detailing the various methods availableâ€”such as phone, mail, or onlineâ€”will ensure that employees can swiftly address their questions and concerns regarding the Weyerhaeuser Pension Plan.

Contacting the Pension Service Center: Employees can contact the Weyerhaeuser Pension Service Center via phone at 866-288-2510 or online through the company's benefits portal. The service center provides assistance with benefit calculations, claims, and general inquiries about the pension plan(Weyerhaeuser Company_Ef…).

What changes to the Weyerhaeuser Pension Plan should employees be aware of that might affect their benefits or participation in the plan, and how are these communicated to employees? Awareness of any amendments to the pension plan is essential for employees to understand how their benefits may be influenced. Weyerhaeuser's approach to communicating these changes, whether through direct correspondence or public announcements, is key to ensuring that employees stay informed and can adapt their retirement planning accordingly.

Plan Changes: Employees will be notified of any material changes to the Weyerhaeuser Pension Plan through Summary of Material Modifications (SMM) documents. It is essential for employees to stay informed of these updates, as they can impact pension benefits and participation(Weyerhaeuser Company_Ef…).