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Amina Diallo

Help determining tax basis of gifted company stock in a custodial UGMA account

I need some help figuring out a tricky capital gains situation with some shares I recently sold. I'll try to keep this straightforward... * My father worked for a tech company back in the late 80s where he received employee stock options * He exercised these options around 1992, converting them to actual shares in his company * In 2003, when I was still a minor, he set up a custodial account (UGMA) and transferred these company shares into it for me * In 2018 (I was 26 by then), I moved these shares from the UGMA account into my personal brokerage account (I was told this wasn't a taxable event) * Last year in 2023, I finally sold all these shares from my brokerage account Here's what I'm confused about - what exactly should my cost basis be when reporting this capital gain? Am I stuck with my dad's original cost basis from when he exercised his options back in '92? Or do I somehow get a stepped-up basis when he put the shares into the UGMA account for me? This makes a huge difference in the taxes I'll owe since these shares appreciated significantly over the decades. Any guidance would be super appreciated!

Oliver Schulz

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The answer depends on whether the transfer to the UGMA account was considered a gift or not. In most cases, when securities are gifted, the recipient (you) carries over the donor's (your father's) original cost basis. This is called "carryover basis." When your father transferred the shares to the UGMA account, it was considered a completed gift to you. Since this was a gift, your basis would generally be your father's original basis when he exercised the options in 1992. The transfer from the UGMA account to your personal brokerage account didn't change the basis, as that was just a change in account type, not ownership. There are special rules for gifts where the fair market value at the time of the gift is less than the donor's basis, but that doesn't sound applicable here since stocks from employee options typically appreciate.

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Thanks for the explanation. If the shares were worth less when gifted than when originally purchased, how would that work? And does it matter that these came from employee stock options originally? I've heard options have some special tax treatment.

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Oliver Schulz

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If the shares were worth less when gifted than the original basis, then there's a special rule. For calculating a loss, you would use the fair market value at the time of the gift as your basis. For calculating a gain, you would use the donor's original basis. If you sell between these two values, you recognize neither gain nor loss. Regarding employee stock options, their special tax treatment applies when they're exercised, which happened when your father converted them to shares in 1992. Once they became actual shares, they're treated like any other stock for gift purposes. What's important is your father's basis in those shares after exercise, which would include any income he recognized when exercising the options.

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Javier Cruz

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I had a similar situation and found https://taxr.ai incredibly helpful for figuring out my cost basis issues. I was dealing with some inherited stock plus some gifted shares with minimal documentation, and I was totally lost trying to figure out what basis to use and how to report everything. Their system analyzed my situation and actually found documentation I didn't know existed. They showed me exactly how to calculate my basis for each different lot of shares and explained the carryover basis rules for gifts vs stepped-up basis for inheritance. Saved me from a massive headache and probably prevented me from significantly overpaying on capital gains.

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Emma Wilson

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How exactly did they find documentation you didn't know about? That sounds suspicious. Did you have to pay for their service or give them access to your accounts?

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Malik Thomas

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I'm curious about this too. Did they help you find the actual purchase price documentation from decades ago? That's the hardest part about these old shares - finding proof of what was actually paid originally.

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Javier Cruz

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They didn't need access to my accounts. I just uploaded the information I had - old statements, transfer documents, etc. Their system uses AI to analyze these documents and compares information across different sources. The documentation they found was actually in the transfer records I provided - there was basis information noted in a footnote I had completely missed. They also helped me contact the transfer agent for the company to verify historical transactions. They weren't creating documents out of thin air but helping me find and interpret information that was already available.

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Malik Thomas

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Just wanted to update that I tried https://taxr.ai after seeing the recommendation here. My situation was almost identical - stock from my grandfather that went through a custodial account years ago. I had some documentation but was missing key pieces about the original basis. Their document analysis found discrepancies in how the transfers were recorded that actually worked in my favor. They showed exactly how the IRS would view my situation based on similar cases. Most importantly, they helped me properly document everything so I have backup if questions ever come up. The peace of mind was honestly worth it, and I ended up with a much lower tax bill than I was expecting based on my initial calculations.

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NeonNebula

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If you've been trying to get answers directly from the IRS about this custodial account situation, good luck. I spent WEEKS trying to reach someone who could give me a straight answer about a similar basis question. After countless busy signals and disconnects, I finally used https://claimyr.com to get through to a real person at the IRS. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was pretty much at my wit's end after the 20th time getting hung up on by the IRS automated system. Claimyr got me connected to an agent within 45 minutes instead of the days/weeks I had been trying on my own. The agent was able to confirm the exact rules for my situation with gifted securities through custodial accounts.

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How does this actually work? The IRS phone system is basically broken by design. Are they just constantly redialing or something? Sounds too good to be true.

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Ravi Malhotra

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I doubt talking to an IRS agent would even help with this specific issue. Most frontline agents just give generic answers, and for something like calculating basis on decades-old stock transferred through multiple accounts, you probably need a tax professional not an IRS phone rep.

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NeonNebula

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They use an automated system that navigates the IRS phone tree and waits on hold for you. When an actual human IRS agent comes on the line, you get a call connecting you directly to them. It's not magic - they're just handling the frustrating part of constant redialing and waiting on hold. For my basis question, I actually did get help from the IRS. I reached a representative in the capital gains department who confirmed the carryover basis rules for my specific situation and directed me to the exact documentation I needed. They can't give tax advice, but they absolutely can clarify how rules apply to specific situations.

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Ravi Malhotra

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I need to eat my words from my previous comment. After more research and continued frustration trying to get clear answers about a similar basis situation, I broke down and tried Claimyr. Within an hour I was talking to an IRS specialist who walked me through the exact documentation requirements for establishing basis on gifted securities. The agent confirmed that in situations like the original poster's, you need documentation showing the donor's original basis AND the fair market value at the time of the gift (if possible). They directed me to specific forms and publications I hadn't found in my own research. Most importantly, they told me exactly what documentation would be considered sufficient if I couldn't find original purchase records from 30+ years ago. Honestly, the clarity alone was worth it after weeks of confusion.

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One thing nobody has mentioned yet - you should check if your father's company went through any stock splits, mergers, or spinoffs during the time he owned it or while it was in your custodial account. These corporate actions can significantly affect your cost basis calculations. Also, if your father's original cost basis was very low (which is likely if these were employee stock options from the 80s), you might want to check if he paid gift tax when transferring them to your UGMA account. If gift tax was paid, you may be able to add a portion of that tax to your basis.

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Amina Diallo

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You know, I hadn't even thought about corporate actions! The company actually went through two mergers during the time we held the shares. Does that complicate things further? And regarding gift tax - I'm not sure if he paid any. Would that information be on a gift tax return he would have filed?

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Yes, mergers definitely complicate basis calculations. Each merger likely changed your share count and possibly the basis allocation. You'll need to track down the merger terms to see how they affected your basis. Many companies or their transfer agents keep this information, even for mergers from decades ago. For the gift tax question, if the value of the shares exceeded the annual gift tax exclusion when your father transferred them (the exclusion was $10,000-$11,000 in the early 2000s), he would have needed to file Form 709 (Gift Tax Return). If he paid gift tax, you can add a portion of that tax to your basis. Your father would have received a notice from the IRS if he filed this form. It's worth asking him if he has these records.

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Omar Farouk

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I hate to bring more complexity, but have you verified which specific tax lot accounting method was used when you sold the shares? FIFO, average cost, specific identification? Since these shares were held so long and likely had significant appreciation, choosing the right accounting method could make a huge difference in your tax bill.

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Chloe Davis

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This is such an important point that people miss. I just went through this with my own broker. If you don't specify which shares you're selling, they default to FIFO (first in, first out), which usually means the oldest shares with the lowest basis get sold first - resulting in bigger capital gains.

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AstroAlpha

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I'm surprised nobody has mentioned the potential for basis adjustment due to the "kiddie tax" that might have applied while the shares were in the UGMA account. If the custodial account generated dividends or other income that exceeded certain thresholds while you were a minor, there could be implications for your basis calculation. Also, don't forget to check if there were any return of capital distributions over the years that would have reduced your basis. With shares held this long, it's surprisingly common.

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Amina Diallo

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I'm not sure I understand how the kiddie tax would affect my basis. I thought that just determined the tax rate on unearned income for minors, not the actual basis in the securities. Could you explain how that would change my cost basis? The company didn't pay dividends until after it was acquired around 2010, so I'm not sure if that makes a difference.

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AstroAlpha

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You're right about the kiddie tax - I misspoke. It affects the tax rate on unearned income but doesn't impact your basis directly. I was confusing it with another issue. What's more relevant is tracking any reinvested dividends after 2010. Each dividend reinvestment would create a new tax lot with its own basis and holding period. If dividends were being reinvested, your basis would be higher than just the original gift basis. Your brokerage should have records of these reinvestments, even if they occurred in the custodial account. Regarding the acquisition in 2010 - that's crucial information. If the original company was acquired, you need documentation on the terms of that acquisition to properly calculate your basis in the resulting shares.

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Jamal Harris

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This is exactly the type of complex situation where getting professional help makes sense. Between the original employee stock options, the UGMA transfer, multiple corporate actions (two mergers!), and decades of potential dividend reinvestments, you're dealing with a multi-layered basis calculation that could easily result in overpaying taxes if handled incorrectly. A few additional things to consider that others haven't mentioned: 1. Check if your brokerage has any historical records from when the shares were transferred in 2018. Sometimes they capture basis information from custodial accounts even if it's not immediately visible. 2. Contact the current company's investor relations department - they often maintain historical information about corporate actions, stock splits, and merger terms going back decades. This documentation will be crucial for your basis calculations. 3. If your father still has any old tax returns from around 1992 when he exercised the options, those might show the income he recognized, which would help establish his original basis. 4. Don't overlook state tax implications - some states have different rules for gift basis than federal tax law. Given the potential tax savings involved with shares held for 30+ years, it's probably worth investing in proper documentation and calculation rather than guessing. The IRS is pretty strict about substantiating basis claims, especially on large gains from old securities.

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Zainab Khalil

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This is really comprehensive advice, thank you! I'm definitely starting to realize this is more complex than I initially thought. The part about contacting investor relations is something I wouldn't have considered - do you know if they typically charge for providing this historical information? Also, regarding my father's old tax returns from 1992, would those actually show the basis in the shares after exercising options? I thought option exercises might be reported differently than regular stock purchases. And you mentioned state tax implications - I'm in California now but the original transactions happened when we lived in Texas. Does that create additional complications? I'm leaning toward getting professional help at this point, but want to gather as much documentation as possible first to keep costs down.

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