Taxpayers may be overlooking an important break on income tax when they take a lump sum distribution
from a 401k plan. A lump-sum distribution means the entire balance of the account is withdrawn within a
single calendar year following a triggering event – you leave your employer, suffer a disability, reach age
59½ or die. (Note that if you leave your employer before you turn 55 and you take a lump-sum distribution
rather than rolling the funds into another qualified account, you may be subject to a penalty.)

If the distribution meets the definition of a lump-sum, you may be able to avoid
income tax on the net unrealized appreciation (NUA) of stock of your employer
if that stock is placed into a taxable brokerage account. If you roll your
employer stock into an IRA, the cost basis resets to the account value on the
day of the rollover. You pay no income tax at the time of the rollover, but you do
pay income tax on distributions you take when you are retired. Gains on
contributions are subject to income tax but not capital gains tax.

Let’s say you have a 401k account worth $1 million, of which $500,000
(current market value) is in employer stock. First, you have to meet the
lump-sum distribution requirement and move all the assets of the account
within a single calendar year. Make a mistake on this point and you may wind
up owing not only the tax you thought you avoided, but penalties as well.

The next step is to segregate your employer stock. You can roll the rest of the
account into an IRA where it can continue to grow tax-deferred. The employer
stock goes into a taxable account, paying income tax on the cost basis of the
stock – the amount paid to purchase it. Using our example, let’s say that the
cost basis on the stock now valued at $500,000 is $50,000. You would pay
income tax at your current rate on the $50,000. At the time you sell the stock,
you will pay capital gains tax on the appreciation – the difference between the
$50,000 cost basis and the current market value on the date of the sale
(which may be higher or lower than the current market value of $500,000 on
the date of distribution.) Thus, you have avoided paying income tax on the
$450,000 of NUA.

There is no requirement to hold the segregated stock a certain amount of
time after the lump-sum distribution in order to utilize the NUA exemption. If
you’ve started taking retirement distributions, however, or you converted
employer stock to cash within the plan, the NUA doesn’t apply. This special
tax break applies only to untapped 401(k) accounts taking a lump-sum
distribution within a single calendar year, with the employer stock being taken
in kind, not in cash. These points bear repeating, as mistakes can be costly. Beneficiaries of 401(k)
accounts can also use the NUA if they meet the same requirements.

Before making any decisions regarding rolling over or taking distributions from a 401(k) – whether you
are the account owner or a beneficiary, you should consult financial and tax professionals to determine
which options provide the most benefit with the least tax consequences.

This article was submitted by Robert Valentine of Financial and Retirement Management.Robert Valentine is a well-known expert in the matters concerning investors. His articles on financial planning matters that concern investors have been published by several publications throughout the United States.