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Author: intercst Big funky green star, 20000 posts Top Favorite Fools Top Recommended Fools Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 744879  
Subject: Re: Company stock, redux Date: 1/20/2000 7:12 PM
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TheBadger wrote,

arrete asks: can it [company stock] be "stepped up" at death like any other stock?

TheBadger answers: Yes.

arrete asks: Or is it "marked" in some way so that the heirs would have to pay capital gains from the purchase price (i.e., it would not be "stepped up" at death).

TheBadger answers:No marks that I am aware of.


I don't believe TheBadger is correct on this point.

Check out the excerpt below from the Retire Early's "Frequently Asked Questions on IRA Distributions Before Age 59 1/2.", see link,

http://home.earthlink.net/~intercst/wdrawfaq.html

"I've heard there are some unusual estate planning pitfalls with "company stock." What are they?

IRS Revenue Ruling #75-125 states that the "net unrealized appreciation" NUA (at time of distribution) is "income in respect to the decedent," and is subject to the long term capital gains tax to the heirs, just like any other pension benefit not yet taxed to the deceased.

That's why the August 16, 1999 issue of Fortune, Page 120, had this to say regarding company stock in a 401(k):

"One consideration: If you never sell those shares, your hiers wind up owing capital gains on the appreciation going all the way to thier value when they originally came into your possession. That's a lot more than they'll owe on the other stock they inherit, which is only taxed on the appreciation since your death. If you have a choice, then, sell your company stock to meet retirement expenses and leave other assets to the kids."


intercst

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