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Adobe Employees: How to Use Options Collars to Manage Appreciated Stock Without Triggering Taxes

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Healthcare Provider Update: Healthcare Provider for Adobe Adobe partners with UnitedHealthcare as their primary health insurance provider, offering a range of healthcare plans and options to support employee wellness and healthcare needs. Potential Healthcare Cost Increases in 2026 As we look toward 2026, Adobe, like many companies, may face significant increases in healthcare costs driven by anticipated record hikes in Affordable Care Act (ACA) premiums. Premiums for ACA marketplace plans are projected to rise steeply, with some states experiencing increases above 60%. This surge is attributed to escalating medical costs and the potential expiration of enhanced federal premium subsidies, with reports indicating that nearly 92% of marketplace enrollees might see their out-of-pocket premiums soar by over 75%. Companies, including Adobe, will need to navigate these challenges to ensure that they can continue providing affordable healthcare options for their employees. Click here to learn more

'Adobe employees navigating concentrated stock positions should view strategies like collars as part of a broader wealth and tax planning discussion that requires careful coordination with qualified professionals.' – Paul Bergeron, a representative of The Retirement Group, a division of Wealth Enhancement.

'Adobe employees with significant stock holdings can benefit from understanding how thoughtful planning techniques provide both flexibility and time to make informed decisions about future diversification.' – Tyson Mavar, a representative of The Retirement Group, a division of Wealth Enhancement.

In this article, we will discuss:

  1. How an options collar can help manage concentrated stock positions without triggering immediate taxes.

  2. Key considerations for constructive sale treatment under Section 1259.

  3. Practical examples and alternatives for Adobe employees holding appreciated stock.

By Tyson Mavar, advisor at Wealth Enhancement

The Difficulty of Keeping Valuable Stock

Many Adobe employees hold highly valued company stock, which may have been built up over years of employment or from investments that performed better than expected. Leaving these shares without a hedge exposes them to downside risk if the stock price falls, but selling would create a significant capital gains tax liability.

One method of limiting potential losses without selling outright is an options collar. Even if the stock is not sold, certain hedging techniques can be treated as taxable sales under Section 1259 of the Internal Revenue Code, which governs 'constructive sales.'

The Operation of an Options Collar

A collar strategy combines shares already owned with two option positions:

  • Put option:  Purchasing a put option gives you the right to sell shares at a set strike price. For example, if you own stock at $100 and buy a $90 put, you can still sell at $90 even if the price falls further.

  • Covered call:  Selling a call requires selling at a higher strike price. For instance, selling a $120 call limits gains above $120.

When paired, the call premium can offset the put’s cost. This creates a range where downside is limited and upside is capped. Additionally, with careful planning, the collar can often be cost-neutral.

The Use of Collars by Investors

Adobe stockholders and others might use collars in the following cases:

  • Concentrated positions:  A large portion of wealth tied to one company.

  • Market uncertainty:  When downside management is needed but selling isn’t desirable.

  • Estate and legacy planning:  Preserving value while postponing capital gains.

The Problem of Constructive Sales

Section 1259 defines some hedges as constructive sales, including:

  • - Short sales of stock you already own.

  • - Contracts for future delivery of the stock.

  • - Deep in-the-money calls and puts that eliminate both risk and reward.

If the IRS views a collar as removing nearly all economic exposure, it can be treated as a constructive sale, triggering immediate recognition of capital gains.

Collar Design to Steer Clear of Constructive Sales

To reduce the risk of Section 1259 issues, Adobe employees can structure collars with careful attention:

  • - Keep strike prices wide enough to allow both risk and reward.

  • - Use out-of-the-money calls and puts rather than in-the-money options.

  • - Roll collars forward instead of holding outdated positions.

  • - Document investment intent with an advisor.

An Example 

Suppose you hold $2 million in stock purchased years ago for $200,000. Selling outright could result in over $400,000 in federal taxes, depending on your state.

Instead, you might sell calls at 120% of the stock’s value and purchase puts at 80%. In this design:

  • - Losses are limited to 20%.

  • - Gains are capped above 120%.

  • - The position retains risk and reward, so it generally avoids being classified as a constructive sale.

This approach can provide time to manage sales across multiple tax years or to wait for a more favorable tax environment.

Considerations

Adobe employees considering collars should note:

  • Liquidity:  Large-cap companies usually have strong options markets.

  • Rolling:  Positions can be extended as expiration approaches.

  • Alternatives:  Other hedging tools include donor-advised funds, charitable remainder trusts, gifting strategies, or exchange funds.

  • Advisory guidance:  Given the complexity of constructive sale rules, consulting tax and legal professionals is critical.

The Bottom Line

Options collars can help Adobe employees preserve the value of appreciated stock while limiting downside and postponing taxable events. This strategy allows time for thoughtful diversification while maintaining both risk and opportunity. However, collars must be carefully designed to reduce the chance of triggering constructive sale treatment under the Internal Revenue Code.

Disclaimer:  This material is for educational purposes only. Alternative investments may not be suitable for all investors and involve special risks such as leveraging the investment, potential adverse market forces, regulatory changes, and potential illiquidity. Investing involves risk, including possible loss of principal. Always consult your tax professional before making decisions, as tax laws are complex and subject to change. 

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Sources:

1. United States Congress.   26 U.S. Code §1259 - Constructive Sales Treatment for Appreciated Financial Positions.  Cornell Law School, Legal Information Institute, 5 Aug. 1997, amended 4 Oct. 2004.  https://www.law.cornell.edu/uscode/text/26/1259.

2. Internal Revenue Service.   Revenue Ruling 2003-7, 2003-1 C.B. 363.  2003.  https://www.irs.gov/pub/irs-drop/rr-03-7.pdf.

3. Options Industry Council (OIC).   Options Strategies Quick Guide.  The Options Clearing Corporation, 2021.  https://www.optionseducation.org/getattachment/007fe864-029a-490d-8dc1-3b58bd558f64/options-strategies-quick-guide.pdf?lang=en-US  

4. Internal Revenue Service.   2024 Instructions for Form 5227, Split-Interest Trust Information Return.  26 Nov. 2024.  https://www.irs.gov/pub/irs-pdf/i5227.pdf

How does Adobe Systems Software Ireland Limited manage employees' contributions to their retirement plans and what impact does this have on their Retirement Accounts? Furthermore, how are these contributions structured in relation to the company's contributions and what variations exist based on employee tenure and participation levels?

Employee and Company Contributions: Adobe's pension plan for employees involves regular contributions from both the employee and the company, which are directed into a Retirement Account. Employees choose the contribution rate, and the company matches this rate up to a maximum of 7%. The greater the contributions and the better the investment returns, the higher the benefits upon retirement.

What options are available to employees of Adobe Systems Software Ireland Limited regarding the retirement benefits they may receive based on their length of service? How does this affect their decision-making process as they approach retirement age, particularly in terms of transferring benefits or opting for lump-sum payments?

Retirement Benefits Options: Employees have multiple options for their retirement benefits, which can influence decision-making as they approach retirement. Options include a pension (regular income for life), income for dependents, a lump sum retirement benefit, continued investment through funds like ARF/AMRF, and taxable cash withdrawals. These choices allow employees to plan based on their expected needs and financial goals at retirement.

In what ways does Adobe Systems Software Ireland Limited ensure compliance with current pension regulations and tax relief limits when managing its pension scheme? Additionally, what specific provisions exist within the plan to protect employees’ benefits in the event of changes in legislation or economic downturns?

Compliance with Regulations: The pension plan adheres to current pension regulations and tax relief limits to ensure compliance and efficiency. Specific provisions within the plan protect employees' benefits against legislative or economic changes, ensuring stability and predictability for retirement planning.

What steps should employees of Adobe Systems Software Ireland Limited take to update their nominated beneficiaries in the event of life changes, such as marriage or divorce? How does the company’s process for beneficiary nomination influence the distribution of benefits upon the employee's death?

Beneficiary Update Process: Employees can update their nominated beneficiaries via the online platform Mercer OneView, which is essential after life changes such as marriage or divorce. This process affects the distribution of benefits in the event of the employee's death, ensuring that the benefits are directed according to the employee's current wishes.

How does Adobe Systems Software Ireland Limited provide assistance to employees in understanding their retirement options, particularly as they approach their Normal Retirement Date? What resources and one-on-one advice options are available to help employees make informed decisions about their retirement benefits?

Assistance and Resources for Retirement Planning: Adobe provides resources and one-on-one advice as employees approach their Normal Retirement Date. This includes access to online tools via Mercer OneView where employees can manage their investments, estimate benefits, and make informed decisions about their retirement options.

How can employees at Adobe Systems Software Ireland Limited learn about maximizing their employer's contributions to their retirement savings plans? What strategies should employees employ to ensure they leverage the full potential of the company’s matching contribution policy?

Maximizing Employer Contributions: To maximize the company’s matching contributions, employees are encouraged to contribute the maximum allowable that benefits from matching. Understanding and leveraging this aspect of the pension scheme can significantly enhance the value of an employee's Retirement Account.

In what ways does the structure of the pension plan at Adobe Systems Software Ireland Limited incentivize employees to remain with the company until retirement? Additionally, how do retirement benefits compare for employees with different lengths of service, and what does this mean for newer employees versus long-term employees?

Incentives for Long-Term Employment: The structure of Adobe’s pension plan encourages long-term employment by tying the scale of benefits to the length of service and contribution levels. This progressive structure benefits long-standing employees with potentially higher retirement benefits compared to newer employees.

What are the key risks associated with the Adobe Systems Software Ireland Limited pension scheme, and how are these managed to protect the interests of employees? Furthermore, what kind of investment options does the company offer to mitigate these risks for its employees nearing retirement?

Management of Pension Scheme Risks: Adobe actively manages financial risks related to pension investments and ensures compliance with regulatory requirements. Investment options are offered with varying levels of risk and involvement, allowing employees to choose based on their comfort with investment risks.

How does Adobe Systems Software Ireland Limited assist employees who have opted out of the retirement benefits plan to understand the implications on their future retirement income? What resources does the company provide to help these employees make educated choices about their financial future?

Options for Non-Participants: Employees who opt out of the retirement benefits plan miss out on company contributions and tax benefits. Adobe offers resources to educate these employees on the implications of not participating in the pension plan, helping them make informed decisions about their financial futures.

How can current employees of Adobe Systems Software Ireland Limited reach out to the HR or benefits team for more detailed information regarding their retirement plans? What contact methods are available, and how can employees ensure they are receiving support tailored to their specific retirement planning needs?

Contacting HR for Retirement Plan Information: Employees can reach out to the HR or benefits team for more detailed information regarding their retirement plans through various methods including the online platform, email, or direct phone calls to ensure they receive support tailored to their specific needs.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Restructuring and Layoffs: Adobe has undergone several restructurings in the past year, focusing on streamlining operations and optimizing workforce allocation. The company announced significant layoffs to reduce operational costs and reallocate resources towards strategic growth areas. These layoffs are part of Adobe's broader initiative to maintain competitive edge in the rapidly evolving digital media and marketing software sectors.
Benefit, Pension, and 401(k) Changes: Adobe has made updates to its 401(k) plan in alignment with the SECURE 2.0 Act, including increased contribution limits and emergency withdrawal options. The company continues to offer competitive benefits, with a focus on employee well-being and retirement planning. These changes are crucial to address given the current economic uncertainties and the need for employees to secure their financial future amidst fluctuating market conditions.
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For more information you can reach the plan administrator for Adobe at 345 Park Avenue San Jose, CA 95110; or by calling them at (408) 536-6000.

https://www.thelayoff.com/

*Please see disclaimer for more information

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