Net Unrealized Appreciation

I have a new client that worked for GE and still has his 401K with the company. He is retired and turned 70 1/2 and had to take his first RMD in 2015. He has 120K in a GE Stock fund which is a portion of his 401K. This used to be GE stock but a few years ago GE moved from having stock to a stock fund to hold their GE stock within their 401K. The funds in the stock fund were GE stock. He had never sold the stock or any part of the stock fund. My question is would he be a candidate for Net Unrealized Appreciation with this portion of his 401K? If so what information would I need to gather from GE? thank you



Time is running very short. Any distribution including an RMD is considered an “intervening distribution” and will disqualify the lump sum distribution from being eligible for NUA. There can be no years where an intervening distribution occurred from the same plan that holds the employer stock between the year of the triggering event (eg retirement or age 59.5 whichever is later) and the lump sum distribution. As such the lump sum distribution must be completed by the end of this year. A unitized stock fund of employer shares is eligible for NUA. The plan should be asked if there is any reason these shares would not be eligible for NUA if the LSD is done before year end, and if eligible what the cost basis per share is as a % of the current market value. If the cost basis is over 30%, then NUA is probably not beneficial unless client needs to spend this money quite soon. Then of course Cap gains will be taxed at a lower rate than ordinary income. The form of stock distribution should also be determined, but with GE I would expect that the stock fund would be converted to actual shares of GE stock which would then be transferred to a taxable brokerage account. As always, diversification should trump potential tax benefits, although since GE is itself diversified, the risks may be somewhat less in holding that stock. If GE spun off any companies in recent years, the client also holds those shares, they may also be eliglble for NUA.



The RMD for 2015 was taken from another 401k account so sense there were no distributions from this 401k I should have time to run the calculations and have the client decide if it makes sense.  I have not done this before so would it be helpful to get another professional like a CPA involved?  thank you for your advice.



You could, but don’t assume the average CPA is familiar with NUA. They aren’t. Reading the tax code will not help much since many details and strategies are not found there. Some articles on the subject can be found by googling “financial planning magazine nua”. They don’t permit posting links, but you can get to them this way.



if you were me who would you speak with?  Do you have someone in your office that handles this?



The RMD for 2015 was taken from another 401k account

Note that, unlike IRAs, 401(k) balances from separate plans cannot be aggregated and taken from only one of the plans.  Each 401(k) plan must satisfy its own RMD.  If no RMD was taken yet from the GE 401(k) for 2015, an RMD for 2015 is still required to be taken from the GE 401(k).  Since this is the first RMD required, it can be delayed until April 1, 2016, so perhaps the lump-sum distribution necessary to be able to apply NUA treatment could be taken in 2016 instead of 2015.



  • If client had not taken a distribution this year which he apparently took as his RMD, the lump sum distribution taken before year end including NUA shares would have satisfied his RMD. Better yet, if he had not taken an earlier RMD this year, he could have deferred the first RMD to next year as DMx indicated, and the two RMDs taken in 2015 could probably both have been satisfied by the NUA shares. But if he has already taken the 2015 RMD, none of the LSD can be applied to an RMD for 2015, and of course not for 2016 either because the LSD now needs to be withdrawn before year end.
  • I would have client check with the plan ASAP to get confirmation he is eligible for NUA since the plan must be willing to include the NUA and cost basis on the 1099R. If so, check into the % of cost basis on the employer shares, and if there have been GE spinoffs, there might be other shares eligible for NUA in addition to  GE. Finally, if there is any after tax contributions made to the plan, find out how they are allocated to the NUA shares. After tax basis applied to the GE shares will reduce the taxable cost basis that will be reported in Box 2a of the 1099R.


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