In-Kind ESOP stock distributions for NUA

Do in-kind stock distributions from an ESOP have to be in a taxable brokerage account to qualify for NUA or can I just take physical possession of the physical stock certificates and still qualify? Also are there any specific IRS forms to file when taking a partial distribution from the ESOP at separation?



The shares do not have to be held in a brokerage account, but that is the most convenient place for them. There will be a 1099R with a Box 2a and 6 amount, and you report on line 16 of Form 1040.

Thanks again.  That is what I thought but wanted to double check.

NUA is only available as part of a Lump Sum Distribution. OP mentioned partial distribution upon separation. 

Yes, a lump sum distribution must be completed by the end of the year to utilize NUA on company shares distributed that year. However, a partial distribution in the LSD year can be done prior to the LSD or a partial distribution of the ESOP shares where the rest of them are rolled to an IRA or Roth IRA as part of the LSD. There is also a very limited version of NUA available in cases where there is no LSD. OP should recheck the distribution planned  with respect to NUA.

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