Question

What is a Section 351 exchange?

Answer

A Section 351 exchange lets you transfer appreciated stock into a newly formed corporation or diversified ETF in exchange for the ETF’s shares, without triggering immediate capital gains. The IRS requires a control group of five or fewer participants and diversification tests: no more than 25% of assets in a single issuer and no more than 50% in five or fewer issuers. This is a newer tool for concentrated stock diversification, offering an alternative to exchange funds or direct sales. Because the rules are technical, a wealth advisor and tax professional can help ensure the exchange is structured properly and aligned with your diversification and tax objectives.

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