Legacy Stock Holdings: Preserve, Reposition, or Protect? Making Informed Choices for the Future
Legacy stock holdings—those long-standing, often highly appreciated positions—can be among the most emotionally and financially significant assets in a portfolio. They may have been inherited, accumulated through years at a company, or grown from an early-stage investment into a major position. For many, they represent stability, pride, and wealth.
But they also represent risk, concentration, and complex planning needs. Whether you’re thinking about your own retirement or planning for the next generation, the question remains:
Is it smarter to hold, diversify, protect, or give?
There is no one-size-fits-all answer. But there are several smart strategies available—and understanding them is the first step toward making a decision rooted in clarity, not inertia.
Holding for a Step-Up in Basis: A Traditional Path with Emerging Risk
One of the most common reasons to hold a legacy stock indefinitely is the tax benefit associated with passing it through an estate. Under current law, when a stock is transferred at death, non-spousal beneficiaries receive a step-up in cost basis to the market value on the date of death. That means decades of capital gains could be effectively avoided, allowing heirs to sell owing minimal capital gains tax.
However, this strategy isn’t without its risks. While it’s currently a valuable tool for wealth transfer, tax laws are not permanent. Several policy proposals in recent years have sought to limit or eliminate the step-up in basis for high-net-worth estates. If these laws were to change before the transfer occurs, it could result in an unexpected and significant tax burden for heirs.
Just as important is the issue of concentration risk. Many legacy holdings represent a large percentage of a portfolio, exposing the investor to single-company volatility. Holding for tax benefits while ignoring portfolio imbalance can be a costly mistake if the stock underperforms or declines sharply before it’s transferred
Selling to Reinvest: Immediate Diversification, Immediate Taxes
Selling outright allows you to turn a concentrated position into a diversified, flexible portfolio. The advantages are clear: you reduce single-stock risk, generate potential income, align with changing financial goals, and potentially unlock liquidity for new investments.
However, for highly appreciated legacy stocks, this comes at a cost—capital gains taxes. These taxes can range from 15% to 20% at the federal level, with an additional 3.8% net investment income tax for high earners. State taxes can add another 5% to 13%, depending on your location. Combined, some investors may face a total tax impact of 25% to 37% on gains.
Tax burden aside, emotional attachment is a major and often overlooked barrier to selling. Legacy stocks may represent a career’s worth of effort, a family inheritance, or a transformative early investment. Selling can feel like severing a tie to one’s identity or history. That emotional weight—while very real—should be acknowledged and balanced against broader goals like portfolio health, financial flexibility, and risk management.
Using Exchange Funds: Diversify Without Triggering Taxes
For accredited investors, exchange funds offer one of the most elegant solutions for repositioning a concentrated stock holding. Instead of selling, you contribute your stock into a pooled fund made up of many other investors’ concentrated positions. In exchange, you receive ownership in a diversified portfolio—without realizing capital gains.
The advantage is twofold: you achieve immediate diversification and defer capital gains taxes until the fund units are eventually sold. In the meantime, the fund is professionally managed and designed to reduce company-specific exposure across a broad set of holdings. For many investors, this achieves the dual goal of risk management and tax efficiency.
There are some considerations: most exchange funds require minimum contributions of $500,000 or more, and shares must typically be held for seven years before receiving a diversified basket of securities. However, for accredited investors who meet the criteria, this approach can be a highly effective way to address concentrated risk without incurring a tax bill today.
At 44 North Capital, we help investors evaluate exchange fund providers, assess fund composition and structure, and determine how this strategy fits into a broader portfolio and estate plan.
Using Protective Puts: Hedging While Holding
If you’re not ready to sell but concerned about short-term volatility, protective put options may offer a way to help reduce downside risk while continuing to hold the stock. This strategy involves purchasing a put option that gives you the right to sell your stock at a predetermined price, effectively placing a floor under its value.
This approach allows you to retain ownership and any future appreciation, while also maintaining eligibility for a step-up in basis—since the stock itself is never sold. However, protective puts come at a cost, often amounting to several percent of the stock’s value per year, and require close monitoring or professional management.
Still, for investors looking to preserve upside potential while guarding against large drawdowns, protective puts can be a tactical bridge between emotional attachment and prudent risk control.
Charitable Gifting: Do Good, Reduce Taxes
For those with philanthropic goals, we believe charitable gifting of appreciated stock is one of the most tax-efficient strategies available. By donating stock directly to a qualified charity or a donor-advised fund (DAF), you may avoid paying capital gains tax on the appreciation and may be eligible for a charitable deduction equal to the stock’s fair market value.
This strategy may allow you to help reduce concentrated exposure, support causes that matter to you, and create a long-term giving plan—especially if using a DAF to distribute grants over time. It’s also highly flexible: you can donate incrementally across multiple years, coordinate giving with high-income periods, or integrate it with broader estate planning efforts.
Charitable gifting can be a powerful way to align your financial decisions with your values—while enjoying meaningful tax benefits along the way.
Strategy | Pros | Cons | Best For |
Hold for Step-Up Basis | No capital gains tax if laws remain unchanged; continued ownership; simple | Risk of tax law changes; exposure to concentration risk | Long-term holders with strong conviction and estate focus |
Sell and Reinvest | Immediate diversification; cash/liquidity for goals | Capital gains taxes of 25–37% depending on income and location; emotional loss of legacy asset | Those needing liquidity or diversification now |
Exchange Fund | Diversification without taxes; professional management | Limited to accredited investors; lock-up period (typically 7 years) | HNW individuals seeking tax-efficient diversification |
Protective Put Options | Downside protection; retain potential step-up in basis | Ongoing cost; complexity and active oversight required | Investors worried about short-term volatility |
Charitable Gifting | No capital gains tax; charitable deduction; aligns with values | Irrevocable gift; requires philanthropic intent | Investors with charitable goals and highly appreciated stock |
Your Legacy, Your Choice—With Expert Guidance
Legacy stock holdings come with deep history—but your decision should be driven by future goals, not just past performance. Whether your priority is tax efficiency, diversification, philanthropy, or wealth transfer, the key is to act intentionally—and with professional insight.
At 44 North Capital, we specialize in helping investors evaluate their options clearly, confidently, and with a deep understanding of how today’s decisions shape tomorrow’s outcomes. Whether you’re considering an exchange fund, protective options, or a charitable strategy, we’ll help craft a plan that aligns with your values and your vision.
Sources:
- IRS – Charitable Contributions Deduction: https://www.irs.gov/charities-non-profits/charitable-organizations/charitable-contribution-deductions
- National Philanthropic Trust – What Is a Donor-Advised Fund?: https://www.nptrust.org/what-is-a-donor-advised-fund/
- Fidelity Charitable – Estate Planning: https://www.fidelitycharitable.org/guidance/estate-planning.html
- Fidelity.com- 2024 and 2025 capital gains tax rates: https://www.fidelity.com/learning-center/smart-money/capital-gains-tax-rates