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Terex Employees: Exploring Exchange Funds and Tax-Efficient Strategies for Deferred Gains

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'Terex employees should view capital gains management as part of a broader retirement strategy as flexible, tax-efficient planning tailored to individual circumstances can help preserve wealth over the long term.' – Paul Bergeron, a representative of The Retirement Group, a division of Wealth Enhancement.

'Terex employees may benefit from retirement planning strategies that incorporate adaptable approaches. Flexibility in planning can better align financial decisions with evolving personal and economic circumstances.' – Tyson Mavar, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article we will discuss:

  1. Personalized and adaptable tax-efficient planning for Terex employees.

  2. Deferred gains and tax-free diversification strategies, including §721 Exchange Funds and §351 ETF conversions.

  3. Additional methods such as charitable donations, remainder trusts, and collars for managing capital gains.

Patrick Ray, a Wealth Enhancement financial advisor, highlights the importance of personalized tax-efficient planning when determining the best way to mitigate capital gains taxes on a highly valued position. 'Retirement planning is not a one-size-fits-all approach,' he notes. 'It requires tailored strategies that address unique factors such as tax-efficient withdrawals.' For Terex employees, effective planning—which can include using tax-efficient tools like donor-advised funds or donating appreciated shares to charity selectively—means taking a customized approach based on your unique tax bracket, liquidity requirements, and long-term objectives, particularly when it comes to managing significant capital gains.

For his part, Wealth Enhancement advisor Tyson Mavar emphasizes the necessity of adaptable planning tools, pointing out that traditional guidance could be misaligned. 'Retirement planning is particularly complex for investors juggling estate considerations and significant capital gains,' he says. For Terex professionals, this viewpoint encourages investigating tactics that provide customization, timing flexibility, and tax efficiency based on your financial needs, such as charitable remainder trusts, tax-loss harvesting, or conversions into exchange traded funds (ETFs).

1. Deferred Gains Partnership §721 Exchange Funds (Swap Funds)

Mechanism and Advantages

  • Tax-deferred diversification : Allows you to receive shares in a diversified portfolio without paying capital gains tax immediately by contributing a concentrated stock position to a pooled exchange fund.

  • Deferred gain : Your initial cost basis carries over pro rata, and taxes are postponed until you sell the shares of the diversified portfolio.

  • Accessibility : Usually restricted to qualified or accredited buyers, frequently requiring sizeable minimum deposits (between $100,000 and $1 million or more).

  • Hold period : Prior to redemption, funds typically impose a seven year lock-up.

  • Diversification structure : To prevent being classified as an “investment company,” which would otherwise result in immediate taxation, exchange funds are frequently structured with about 20% in non-stock assets, such as real estate.

For Terex employees holding concentrated stock, this can provide a structured way to defer taxes while broadening exposure.

Restrictions

  • Limited liquidity—capital remains locked in for the time being.

  • High-net-worth investors are generally the only ones able to meet the fees and entry requirements.

  • You still retain diluted exposure to your original position following the exchange, known as residual exposure.

2. Tax-Free Seeding Into Tax-Efficient Vehicles via Section 351 ETF Conversions

Mechanism and Advantages

  • Tax-free transfer : If IRS regulations are followed, you can trade shares of an ETF for a diversified portfolio (such as separately managed account holdings) without recognizing a gain.

  • Diversification guidelines : The portfolio must satisfy §368(a)(2)(F)'s 25/50 diversification test, which states that no single holding may account for more than 25% of the portfolio’s value and that the top five holdings cannot exceed 50%.

  • Control requirement : Immediately after the exchange, contributors must jointly own at least 80% of voting power and 80% of all share classes.

  • Continuous in-kind rebalancing : The ETF structure allows for tax-efficient rebalancing through in-kind transactions, postponing future gains until ETF shares are sold.

For Terex investors, these mechanisms can be especially valuable if they are already well diversified and seeking long-term tax efficiency.

Restrictions

  • Eligibility : Only well-diversified portfolios qualify; concentrated single-stock holders may not benefit unless already diversified.

  • Cost and complexity : Requires operational, fund-structuring, and legal setup, often used by institutions or wealthy investors.

3. Collars and Charitable Giving Strategies

High-income investors often use strategies like charitable giving, donor-advised funds, charitable remainder trusts, and collars with borrowing to manage capital gains taxes.

  • Giving to charity : Donating appreciated stock directly or through a donor-advised fund can result in a charitable deduction and reduce exposure to capital gains tax.

  • Charitable remainder trusts (CRTs) : These generate income while deferring capital gains taxes, with the remainder eventually donated to charity.

  • Borrowing and collars : Borrowing against stock provides liquidity without a taxable sale, while collars set boundaries on downside risk. These tactics must be properly structured to prevent constructive sale treatment under §1259.

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Dividing retirement assets in a QDRO proceeding requires a clear understanding of what Terex offers through its benefit programs. At the core of your retirement package, Terex maintains an active defined benefit pension plan, meaning eligible employees continue to accrue benefits based on years of service and compensation. If you are eligible for a lump sum payout, IRS Section 417(e) segment rates determine how the future annuity stream converts to a present-value payment - rising rates compress the lump sum, so monitoring the plan's stability period and lookback month is critical before you lock in your election date. The choice between a single-life annuity, a joint-and-survivor option, or a lump sum (where available) is generally irrevocable once made, and timing that decision relative to interest rate conditions can meaningfully affect your retirement income picture.

Turning to healthcare, Terex does not offer continued medical coverage to retirees, which means coverage through the company ends when employment does. Planning for the cost of health insurance during any gap between your retirement date and Medicare eligibility at age 65 is a critical step - marketplace coverage, COBRA continuation, or a spouse's employer plan are common options. Building an accurate estimate of bridge-coverage costs into your retirement income projection prevents underestimating one of the largest variable expenses retirees face. Putting your Terex benefits into the framework of a holistic retirement income plan reveals how each piece supports the others.

Sources:

1. Kiplinger. ' 721 Exhange to Defer Taxes: Pros and Cons ,' by Daniel Goodwin. August 28, 2026.

2. Kitces. ' Using Section 351 Exchanges To Tax-Efficiently Reallocate Portfolios With Embedded Gains ,' by Ben Henry-Moreland and Brent Sullivan. March 12, 2026.

3. ' Charitable gifting basics: Getting the most from your giving ,' by Ashley Greene, Garrett Horbron. August 2026.

4. Investopedia. ' The Collar Options Strategy Explained in Simple Terms ,' by Akhilesh Ganti. May 17, 2026. 

What is the purpose of Terex's 401(k) Savings Plan?

The purpose of Terex's 401(k) Savings Plan is to help employees save for retirement by allowing them to contribute a portion of their salary on a pre-tax basis.

How can Terex employees enroll in the 401(k) Savings Plan?

Terex employees can enroll in the 401(k) Savings Plan by completing the enrollment process through the company’s HR portal or by contacting the HR department for assistance.

What types of contributions can Terex employees make to the 401(k) Savings Plan?

Terex employees can make pre-tax contributions, Roth (after-tax) contributions, and may also be eligible for employer matching contributions.

Is there a company match for contributions to Terex's 401(k) Savings Plan?

Yes, Terex offers a company match for employee contributions to the 401(k) Savings Plan, subject to certain limits and conditions.

What is the vesting schedule for Terex's 401(k) employer match?

The vesting schedule for Terex's 401(k) employer match typically follows a graded vesting schedule, where employees earn rights to the employer contributions over a specified period.

At what age can Terex employees start withdrawing from their 401(k) Savings Plan?

Terex employees can generally start withdrawing from their 401(k) Savings Plan at age 59½, although there are specific conditions and penalties for early withdrawals.

Can Terex employees take loans against their 401(k) Savings Plan?

Yes, Terex allows employees to take loans against their 401(k) Savings Plan, subject to the plan's terms and conditions.

How often can Terex employees change their contribution percentage to the 401(k) Savings Plan?

Terex employees can typically change their contribution percentage to the 401(k) Savings Plan at any time, subject to the plan's rules.

What investment options are available in Terex's 401(k) Savings Plan?

Terex's 401(k) Savings Plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles to suit different risk tolerances.

How can Terex employees access their 401(k) account information?

Terex employees can access their 401(k) account information through the company’s online portal or by contacting the plan administrator for assistance.

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