The “Look-Through” Rule: A Closer Look at ETF Diversification in 351 Exchanges
Section 351 of the Internal Revenue Code offers a powerful tax-deferral tool for...
An SMA to ETF 351 conversion allows investors to contribute securities from their separately managed accounts to a new ETF without immediately recognizing taxable gain or loss.
351 Tax Free Conversion team is here to match ETF issuers with investors and wealth managers to participate in an IRS code 351 exchange and diversify low cost basis stocks and SMAs into new ETF issues without paying capital gains.
If you manage Separately Managed Account or act as a wealth advisor, click below to learn how you can diversify your clients holdings while not paying any capital gains tax.
If you are an individual investor and would like to learn how you can diversify out of your appreciated stock positions without paying capital gains tax while participating in a new ETF issue, click below.
If you are an ETF Issuer with plans to launch a new ETF and would like to gather assets via a 351 tax free conversion click here to get connected with investors that would like to participate.
A 351 conversion allows investors to contribute securities from their separately managed accounts to a new ETF without immediately recognizing taxable gain or loss, offering potential benefits like tax deferral, operational efficiency, and broader investment strategies.
Section 351 conversions let investors transfer assets into a new ETF without immediate taxes. This process, called a "351 exchange," turns appreciated assets like stocks or securities from Separately Managed Accounts (SMAs) into shares of an ETF. The ETF keeps the original cost basis and holding period of the transferred assets, so taxes are deferred until the ETF shares are sold.
The ETF must be diversified, and the original investors must keep control. The IRS has diversification rules: no single asset can be more than 25% of the ETF's portfolio, and assets over 5% can't total more than 50%. After the conversion, the original SMA investors must have at least 80% control of the ETF’s voting power and value to maintain the tax deferral.
Converting to an ETF offers benefits beyond tax deferral. ETFs simplify portfolio management, are more liquid, and have transparent holdings. They can also hold investments that may be hard to manage in individual SMAs
Let us know your preferences and we will connect you with the ETF issuers that make the most sense for your investment needs.
351 conversions can be complex, and there are potential pitfalls to watch out for. Investors should consult with tax and financial advisors to ensure this strategy aligns with their financial goals.
We are here to connect investors, wealth advisors, and anyone interested in participating in a 351 tax free conversion with new ETF issues. Please contact us if you have any questions or would like more information.
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