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

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'Lubrizol 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.

'Lubrizol 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 Lubrizol employees holding appreciated stock.

By Tyson Mavar, advisor at Wealth Enhancement

The Difficulty of Keeping Valuable Stock

Many Lubrizol 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

Lubrizol 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, Lubrizol 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

Lubrizol 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 Lubrizol 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

What are the considerations Lubrizol employees should take into account when deciding between a monthly annuity payment and a one-time lump sum payment from the BHCPP Plan? How does each option affect their overall retirement strategy, particularly regarding tax implications and cash flow management?

Monthly Annuity vs. Lump Sum Payment: Lubrizol employees choosing between a monthly annuity and a lump sum payment should consider their personal financial needs, tax situation, and cash flow. The lump sum payment offers a one-time cash amount that can be invested or used immediately but could be subject to higher taxes if not rolled over properly. On the other hand, an annuity provides steady income for life, which may be beneficial for long-term cash flow management. Consulting a financial advisor is crucial to determine the best option based on individual circumstances​(Lubrizol_11_1_2022_Lump…).

In what ways do early retirement age milestones affect the value of retirement benefits for Lubrizol employees? Specifically, how do the age thresholds of 55 and 62 impact the reduction of benefits, and what strategies can employees employ to maximize their benefits around these key ages?

Early Retirement Age Milestones: Retirement age milestones, particularly 55 and 62, play a significant role in determining benefit values. At age 55, employees with 10 years of service receive a partially subsidized early retirement benefit, reducing the financial penalty for early retirement. At age 62, employees qualify for a full early retirement subsidy, which significantly boosts benefit value. Employees should consider these age thresholds when planning their retirement strategy​(Lubrizol_11_1_2022_Lump…).

How does the current interest rate environment influence the lump sum value offered to retiring Lubrizol employees? Can you elaborate on how employees can use the pension modeler to forecast the potential financial outcomes of their lump sum offer in relation to interest rate changes?

Interest Rates and Lump Sum Value: The lump sum value for Lubrizol retirees is heavily influenced by the Federal interest rates. As interest rates rise, lump sum payments decrease, and vice versa. Employees can use the pension modeler provided by Lubrizol to forecast how interest rate changes will affect their lump sum payment. This tool allows employees to simulate different scenarios based on their planned retirement dates and interest rate assumptions​(Lubrizol_11_1_2022_Lump…).

What resources and tools does Lubrizol provide to help employees understand the implications of their retirement benefits? Additionally, how can employees utilize Empower's financial planning team to align their retirement savings and pension benefits with their long-term financial goals?

Resources for Retirement Planning: Lubrizol provides several resources to help employees understand their retirement benefits. These include the pension modeler, which simulates retirement scenarios, and access to Empower’s financial planning team. Employees can use these tools to align their retirement savings and pension benefits with long-term goals and gain a clearer picture of what retirement may look like​(Lubrizol_11_1_2022_Lump…).

In the context of the BHCPP Plan, what are the steps Lubrizol employees should follow to ensure they receive the correct retirement kit and benefit calculation based on the upcoming interest rates? What are the key deadlines and documentation required for making an informed decision?

Steps for Accurate Retirement Kit and Benefit Calculation: To receive the correct retirement kit and benefit calculation, Lubrizol employees need to request a retirement kit from the BHCPP Pension Service Center before key deadlines. For example, those targeting a benefit commencement date of December 1, 2022, must request a kit by November 1, 2022. Using the pension modeler can also help employees estimate their lump sum based on upcoming interest rates​(Lubrizol_11_1_2022_Lump…).

How do Lubrizol's retirement benefits integrate with Social Security and other personal savings an employee may have? What should employees consider when evaluating their total retirement package, and how can they effectively project their income in retirement?

Integration with Social Security and Other Savings: Lubrizol’s retirement benefits should be considered alongside Social Security and personal savings. Employees can model their total retirement income using Empower's tools, which include data from their pension and 401(k). It's essential for employees to project their income from all sources to ensure financial stability in retirement​(Lubrizol_11_1_2022_Lump…).

How does the pension modeler work for Lubrizol employees, and what unique features does it offer to help in planning their retirement? Can you discuss specific scenarios that employees might model, such as varying retirement dates or different financial assumptions?

Pension Modeler for Retirement Planning: The pension modeler available to Lubrizol employees is a powerful tool that allows them to simulate different retirement scenarios, including varying retirement ages and financial assumptions. Employees can model up to three scenarios simultaneously, enabling them to make informed decisions about the timing of their retirement and the potential financial outcomes​(Lubrizol_11_1_2022_Lump…).

What information should Lubrizol employees gather prior to consulting with personal financial planners or the Lubrizol-sponsored CFPs? How can being well-prepared enhance the quality of advice and strategies received during such consultations?

Preparation for Financial Planner Consultations: Prior to consulting with financial planners, Lubrizol employees should gather comprehensive details about their personal financial situation, including monthly income, savings, expenses, and retirement goals. Being well-prepared will enhance the quality of advice they receive and enable more effective retirement planning​(Lubrizol_11_1_2022_Lump…).

Can you explain the impact of Federal interest rates on the calculation of lump sum payments for Lubrizol retirees? How frequently are these rates updated, and where can employees find the most recent data relevant to their retirement planning?

Impact of Federal Interest Rates on Lump Sum Payments: Federal interest rates, updated annually in October, significantly affect the calculation of lump sum payments for Lubrizol retirees. These rates are used to discount future annuity payments to present value. Employees can find the latest interest rate data on the IRS website or through Lubrizol’s pension modeler​(Lubrizol_11_1_2022_Lump…)​(Lubrizol_11_1_2022_Lump…).

How can Lubrizol employees contact the BHCPP Pension Service Center for further assistance regarding their retirement benefits? What specific information should they have on hand to facilitate a productive conversation about their retirement options? These questions are designed to provide depth and complexity, encouraging detailed exploration and resources related to the retirement process for Lubrizol employees.

Contacting the BHCPP Pension Service Center: Lubrizol employees can contact the BHCPP Pension Service Center at 877-459-2403 for assistance with retirement benefits. To have a productive conversation, employees should have their retirement kit request details, planned retirement dates, and personal financial information readily available​(Lubrizol_11_1_2022_Lump…)​(Lubrizol_11_1_2022_Lump…).

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