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Posted

401k participant has appreciated company stock
Separated from service in 2021
He took (in 2021) a distribution of dividends (from employer stock)-  It's not clear whether he took the distributions while employer or after severing service. 

My understanding is (one of the many NUA requirements) is to make lump sump distribution in the a single year.  Does him taking a distribution (of dividends) nullify NUA?  If so, would he be required to wait under the next "triggering event" to NUA qualify?

All help is appreciated. 

 

Posted

Not exactly on point, but PLR 201241019 involved a similar situation with an ESOP participant who diversified in prior years, then took a lump sum upon termination, and the IRS treated it as a lump sum for NUA purposes.

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