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Treatment of Net Unrealized Appreciation when moving the stocks to a brokerage account and securities are consequently sold*

 

https://www.irs.gov/taxtopics/tc412#:~:text=Net%20Unrealized%20Appreciation,-If%20the%20lump%2Dsum

*under the assumption the taxpayer elected not to include the NUA in the income in the year the securities were distributed.

  • NUA is a special tax treatment that relates to distributions of appreciated employer securities from an eligible employer-based retirement plan as a part of a qualifying lump-sum distribution.

  • The taxation of the securities is based on the cost basis of the securities and the amount that they have appreciated while in the plan.

  • The cost basis of the securities that are distributed in-kind will be taxed at ordinary income tax rates when you take a qualifying lump-sum distribution that includes appreciated employer securities. It will be taxed in the year you take the distribution from the plan. A 10% premature distribution penalty may apply.

  • Taxation of the appreciation, the NUA, following a lump-sum distribution is deferred until the employer securities are sold or disposed of.
  • When securities are sold, any NUA is taxed at the long-term capital gains rate. Any additional gain is taxed based on the holding period of the securities after they are distributed.

  • You can elect not to use the NUA tax strategy.

  • NUA is not available and is irrevocably forfeited if the employer securities are rolled into an IRA.

TurboTax does not have a native interview for the securities sold under NUA. The customer will receive a 1099-B with cost basis $0.

 

 

If the stock was hold for more than 1 year in the brokerage account the entire amount can be entered as per 1099-B, box "cost basis is incorrect or missing on my 1099-B" checked, and cost basis = cost basis of the stock in 401K (box 2 of the 1099-R)

For stock hold for less than 1 year, sale has to be broken in two pieces in order to tax the NUA as long term capital gain:

 

One part for the long term capital gain of NUA:

  • The type should be long-term did not receive 1099-B, cost basis = 0, proceeds = NUA. The result will be a long term capital gain for the amount of the NUA.

 

 

Second part for the consecutive appreciation of securities, long-term or short-term capital gain/loss, depending on the holding period of the securities in the hands of the distribute.

  • For the Net gain/loss realized in the sale – complete first part of the interview based on the information form 1099-B (cost basis = 0)

  • The box "cost basis is incorrect or missing on my 1099-B" checked

  • Cost basis = NUA

 

 

The result will be capital gain/loss equal to the difference between the net unrealized appreciation at the time of distribution and the market value at the time of selling the stock.