I am looking at using NUA to do a lump sum 401K distribution. My 401K only contains company stock purchased over 40 years. The trustee has tracked every stock purchase price.
The trustee is recommending that I take the lowest-cost shares and assign them to the after-tax contributions both Pre 1987 and Post 1986. The trustee would move these shares into a taxable brokerage account and there would be no immediate tax consequence. Of course, there will be capital gains when the shares are sold. If I passed away, there would be no step-up basis. The trustee would sell the remaining shares while in my 401K. The cash would be distributed into an IRA.
The overall result is that there is no immediate tax impact. Does this comply with the tax code?