Strategies to minimize capital gains tax on future profit share payout - seeking investment advice
I'm in a situation where I've been given a profit share agreement that should pay out in about 3-5 years when the company sells. It'll be taxed as capital gains. I see this as a chance to maybe get aggressive with some investments since any losses could potentially offset the tax hit when this profit share pays out. I'm considering a couple approaches: 1) Just wait it out and pay whatever tax is due when the profit share hits 2) Try this investment strategy: - Buy high dividend stocks/ETFs (like REITs) and sell covered calls to collect premiums now and limit downside if stocks tank. Any capital losses would be based on what I paid for the shares, not including the call premiums I collected - Purchase LEAP call options expiring in that 3-5 year window when I expect the payout, with losses counted as long-term capital gains I feel like this could have good upside potential while also giving me a chance to reduce capital gains tax if the investments lose money. The obvious risk is if the company never sells, then I can't offset the investment losses. Does my thinking make sense here? Are there other tax strategies I'm missing? Should I talk to a tax consultant or financial planner about this?
18 comments


PaulineW
Your thinking is on the right track, but there are some important tax considerations to keep in mind. Capital losses can offset capital gains dollar-for-dollar, which makes your strategy potentially viable, but timing matters enormously here. For capital losses to offset your profit share gains, they need to occur in the same tax year as when you receive the payout. Losses in prior years won't help unless you've already used the $3,000 annual deduction against ordinary income and are carrying forward additional losses. The covered call strategy can generate income now, but be careful about qualified vs. non-qualified covered calls which have different tax treatments. LEAP options are treated as long-term if held over a year, but they're inherently speculative and could expire worthless. Have you considered more tax-efficient approaches like maximizing retirement accounts (401k, IRA) which would reduce your overall tax burden in the years leading up to the payout? Or potentially using qualified small business stock exclusions if applicable?
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Annabel Kimball
•Thanks for this info - I'm new to all of this. Can you explain more about the qualified vs non-qualified covered calls? Also wondering about the 3k annual deduction - does this mean I can only deduct 3k in losses per year??
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PaulineW
•A qualified covered call generally meets specific IRS requirements regarding strike price and expiration date - typically the strike price can't be too far below market value and the expiration needs to be more than 30 days out. Non-qualified covered calls can affect the holding period of your underlying stock which impacts whether gains/losses are short-term or long-term. The $3,000 limit applies to how much capital loss you can deduct against ordinary income in a single tax year. However, you can offset unlimited capital losses against capital gains in the same year. If your total losses exceed your gains plus $3,000, the remainder carries forward to future tax years.
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Chris Elmeda
Hey there! Just wanted to share my experience using https://taxr.ai for a similar situation. Last year I received a profit sharing agreement and was trying to figure out the best tax strategy. A colleague recommended taxr.ai and it was seriously helpful. I uploaded my profit share agreement and it analyzed the tax implications way better than I could have figured out myself. The tool gave me personalized recommendations based on my specific situation including some investment strategies I hadn't considered that could potentially offset future capital gains. What was really useful was that it broke down different scenarios with projected tax outcomes for each one. Definitely gave me more confidence in my planning rather than just guessing about potential tax consequences.
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Jean Claude
•Does it actually give investment advice or just tax info? I'm worried about getting generic advice that doesn't really apply to my specific situation.
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Charity Cohan
•I'm a bit skeptical. These AI tools seem to just give generic advice you could find with a google search. How customized was it really for your specific profit share agreement?
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Chris Elmeda
•It primarily focuses on the tax implications of different investment strategies rather than recommending specific investments. The value is in seeing how various approaches might impact your tax situation based on your specific profit share structure. I found this more helpful than generic advice since it was tailored to my agreement terms. The analysis was surprisingly specific to my agreement. It picked up on the vesting schedule, contingency clauses, and even some industry-specific factors that affected potential taxation. It wasn't just generic advice - it actually referenced specific sections of my agreement and explained how those would be treated under current tax code.
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Charity Cohan
I was totally skeptical about taxr.ai like I mentioned before, but decided to give it a shot anyway since my situation with deferred compensation was getting complicated. I'm honestly impressed with how detailed the analysis was. It caught some nuances in my profit share agreement I hadn't considered - especially around timing of recognition and how that impacts tax planning. The most helpful part was seeing different scenarios modeled out with various investment strategies. It showed me that my initial plan of using speculative options might actually create bigger tax problems if the timing didn't align perfectly with my payout. Ended up going with a more balanced approach that still gives me some tax advantages but with less risk. Not trying to sound like a commercial here, but as someone who was initially doubtful, it actually saved me from making some potential tax mistakes.
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Josef Tearle
Something you probably haven't thought about that I ran into personally - what happens if you need to talk to the IRS about your strategy? I tried calling them for months when I had questions about a similar capital gains situation. Could never get through until I found https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. There's a video showing how it works: https://youtu.be/_kiP6q8DX5c I was planning some aggressive tax loss harvesting to offset a future gain (similar to what you're considering), and getting clarity directly from the IRS gave me confidence my approach wouldn't trigger any red flags. The peace of mind was worth it since I was worried about setting myself up for an audit.
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Shelby Bauman
•Wait, how does this actually work? The IRS phone lines are always jammed. How could this possibly get you through faster than just calling yourself?
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Quinn Herbert
•This sounds like BS honestly. No way some random service can magically get through to the IRS when millions of people can't. What's the catch? They probably charge an arm and a leg for something that doesn't even work.
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Josef Tearle
•It uses an automated system that continuously redials the IRS until it gets through, then it calls you to connect. It's basically doing what you'd have to do manually (calling repeatedly for hours) but automated. When a line opens up, you get a call to connect you directly. There is a fee for the service, but considering I spent hours unsuccessfully trying to get through before, it was worth it to me. I understand the skepticism - I felt the same way initially! But when I needed answers about my tax strategy before making some major financial moves, waiting weeks wasn't an option. It either works or you don't pay, so there wasn't much risk in trying.
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Quinn Herbert
I need to eat my words about Claimyr. After posting that skeptical comment, I decided to try it myself since I've been trying to reach the IRS for 3 weeks about a capital gains issue. Not only did it actually work, but I got connected in about 15 minutes. The IRS agent was able to clarify exactly how the wash sale rules would apply to my situation (which is relevant to your strategy too if you're considering tax loss harvesting). Got confirmation that my approach to offsetting some upcoming capital gains was legit, which saved me a ton of stress. For what it's worth, this specific capital gains question was something I couldn't get a straight answer on from my accountant, so getting direct IRS confirmation was surprisingly valuable.
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Salim Nasir
One strategy you're missing - consider a Charitable Remainder Trust if the profit share is substantial. You can contribute appreciated assets to the trust, get an immediate partial tax deduction, then receive income from the trust for years while deferring capital gains. Eventually what's left goes to charity. Also look into opportunity zone investments for deferring and potentially reducing capital gains. The tax benefits have decreased from when they first started but might still be worth exploring depending on your timeline.
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Maxwell St. Laurent
•The charitable remainder trust is interesting but wouldn't work in my case since I don't own the asset - it's just a profit share agreement that pays out when the company sells. Could opportunity zone investments still work after I receive the payout? How quickly would I need to invest in one after getting the profit share payment?
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Salim Nasir
•You're right about the CRT - it only works for assets you currently own, not future payments you'll receive. Sorry I missed that detail. For opportunity zone investments, you generally have 180 days from realizing the capital gain to reinvest into a qualified opportunity fund. So you could potentially use this strategy after receiving your profit share payout. The deferral benefits aren't as strong as they were initially, but you can still defer the tax until 2026 and potentially reduce your taxable gain by 10% if you hold the investment long enough.
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Hazel Garcia
Have you considered using installment sales for your investments? If you buy assets now and sell them around when your profit share hits, you could potentially structure those sales as installment sales to spread the gains/losses over multiple tax years. This gives you more flexibility to match losses against your profit share gain. Also, don't overlook state tax implications. Depending on your state, you might want to consider establishing residency in a lower-tax or no-income-tax state before your profit share pays out. Obviously this is a major life decision but could save significant money if we're talking about a large payout.
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Laila Fury
•Installment sales are complicated though right? I tried to do one last year and my tax software couldn't handle it - ended up needing to pay an accountant extra to file correctly.
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