What do you need to know about our Compliance Service? (FAQs)

Intending to streamline and augment your equity management experience, Eqvista provides a suite of state-of-the-art services. We have designed our specialized platform to address the specific requirements of companies navigating the intricate subject of equity compensation. Whether you’re a startup looking to implement ASC 718-compliant stock option plans, fulfill Form 3921 reporting requirements, optimize tax strategies with 83(b) elections, understand Rule 701 compliance, or manage ISOs up to 100k – we’ve got you covered. Let’s address a few commonly asked questions regarding each of them.

ASC 718 (Stock Option Expense)

ASC 718, also known as the Financial Accounting Standards Board (FASB) Accounting Standards Codification Topic 718, governs the accounting treatment for stock-based compensation plans.  If you are an experienced financial expert or a business owner looking for guidance on properly accounting for stock option expenses, this section is for you.

1. What is ASC 718?

Accounting Standard Codification (ASC) 718 is the principle businesses use to “expense options” or to record the value transfer when providing workers with stock-based incentives. 

Assuming the employee retains the award after vesting, ASC 718 measures stock-based benefits’ true value on the grant date.

2. What is ASC 718 used for?

The primary goal of ASC 718 has been to provide guidance on how firms should record the cost of stock awards in their financial statements. I It requires income statements to include all stock-based remuneration, including nonemployee and employee equity awards, at fair value. ASC 718 establishes a uniform approach for deducting the cost of stock awards from operating income for all public corporations. 

3. When should I consider ASC 718?

When a business takes on outside investors or partners, it must comply with the conventional financial reporting requirements of its stakeholders. Most companies that raise a Series A or B include an ASC 718 report. This stage of a business’ development is typically when it starts making money.

 After a company starts making money, it’s typical to go through an external audit conducted by an accountant, which also calls for an ASC 718 report.

4. How do you calculate the stock option expense of a series A company?

As per ASC 718, the financial statements must include the cost of stock options when employees legally own the shares. To calculate the entire stock compensation expense, multiply the total number of granted shares by their FMV at the date of award. Then, divide the total amount by the vesting years to determine each year’s stock compensation expenditure.

5. How to get started with ASC 718 compliance for your series company?

Employing ASC 718 for companies is an organized way to ensure they follow the rules for financial reports and account for stock-based pay correctly. 

When using ASC 718, the first step is determining the fair market value of the company’s shares. For this reason, the private sector typically employs the services of a professional firm valuation, commonly referred to by the term 409a valuation. 

6. What goes into ASC 718 reporting?

It is a simple and straightforward process that requires no more data entry beyond the same equity and stakeholder information. The information includes:

• Vesting plans
• Stock Option Register
• Stockholder ledger
• History of stakeholder departures
• Fair market value-based 409As. 

7. How does Eqvista help in 718 implementation?

When it comes to assisting firms with equity and stock-based pay, Eqvista has been at the forefront. Eqvista’s premium functions simplify and streamline the complicated equity management process for enterprises. 

With Eqvista’s ASC 718 compliance tool, your company’s equity management will always align with accounting rules, leading to more accurate and fair financial reporting. 

8. What does ASC 718 reporting include?

The investor’s information privileges depend on certain financials, of which the ASC reporting record is a small but vital component. ASC 718 reporting requires consideration of several laws and guidelines. Before the reporting of stock-based compensation expenses, information such as,

• Grant date
• Exercise prices
• Number of shares issued
• ASC 718-compliant fair value of shares is necessary. 

Form 3921

Form 3921 is essential for equity compensation, offering a complete picture of your incentive stock option (ISO) operations. Providing employees with information about how to buy shares in the firm at a discount, this document is a vital line of communication between businesses and their employees. Let’s address a few significant queries concerning this section.

1. What is Form 3921?

Form 3921 is a document companies must send to the IRS when a current or former employee uses an ISO (Incentive Stock Option). Each time an employee uses their ISO to get company stock in a year, the company has to send one form to the IRS. 

The company also needs to give a copy of this form to the employee who used the ISO. If the company doesn’t send this form or doesn’t send it on time, they could face big fines.

2. What is the Form 3921 requirement?

The IRS uses Form 3921, a tax form, to monitor when and how employees use their  ISOs. A startup must submit one Form 3921 for each ISO exercise and provide a copy to the employee for use in preparing their own tax returns. 

Every ISO exercise in a given calendar year requires a separate Form 3921 filing by the firm. This rule has a single exception. If the employee is a nonresident immigrant and does not require to be given a Form W-2, then Form 3921 is optional.

3. Who prepares Form 3921?

Businesses must submit if any of their shareholders exercised their ISOs during the preceding calendar year. Non-resident employee ISO exercises typically exempt companies from filing if the individual isn’t a U.S. citizen.

4. Do I need to report Form 3921 on my taxes?

As an employee who exercised ISOs, you should use the information from Form 3921 to report the ISO exercise on your tax return. The IRS requires you to report the ISO exercise in the year it occurs. But you don’t have to pay taxes at that time unless you subsequently sell the acquired stock.

When you sell the stock, you’ll report the gain or loss on your tax return.

5. How to file Form 3921?

The Form 3921 consists of three sections. 

• The Internal Revenue Service (IRS) receives copy A,
• while workers receive copy B,
• and you retain a copy of C. 

Businesses must file online with the IRS if they submit 250 or more of these forms. When filing less than 250 forms, you have the option of submitting them online or on paper.

6. Form 3921 deadlines

For timely submission of Form 3921, keep in mind the following three deadlines:

• By January 31, all workers who used their ISOs the previous year must have received copy B.
• If filing with the IRS by paper, you must submit Copy A by February 28.
• If you’re filing online with the IRS, you have until April 1 to submit copy A.

7. How to avoid Form 3921 fines?

It is crucial to file Form 3921 on time to avoid incurring late filing penalties. If you are unable to submit the form before the deadline, you have to get in touch with the IRS right away to ask for an extension. 

It’s critical to take quick action if you discover you’ve missed the deadline: file the form right away and speak with a tax expert about any penalties and possible relief.

8. How does Eqvista help in Filing form 3921?

Eqvista provides invaluable assistance in correctly filing Form 3921, guaranteeing compliance and reduced tax reporting burdens for your employees. Our seasoned professionals possess extensive knowledge in ISOs, fair market value reporting, and the intricate rules governing Form 3921 submission. 

You can rely on our expertise to ensure accurate Form 3921 filing, ultimately minimizing your administrative load while adhering to regulatory requirements.

83(b) Election

Individuals who receive restricted stock or other kinds of equity-based remuneration might benefit greatly from making the Section 83(b) choice. By selecting this option, you may take charge of the tax consequences of your equity awards. Since Eqvista values well-informed decision-making, we have included this section.

1. What Is the 83(b) Election?

A Section 83(b) election represents a statement that tells the IRS (Internal Revenue Service) that you’d want to have your founder shares taxed when you buy them rather than at the point of vesting. 

A Section 83(b) choice can reduce your future taxable income in certain instances. Most significantly, when your stock vests, you won’t have to pay taxes if you opt under Section 83(b).

2. When Is It Beneficial to File 83(b) Election?

It is highly recommended by startup attorneys that founders make a Section 83(b) election when they buy shares in the company at an early stage. I File a Section 83(b) option if you expect the stock value of your startup to rise and plan to stay employed until all stock vests. This will help you secure the founder’s shares.

3. When Is It Detrimental to File 83(b) Election?

It may not be in your best interest to file a Section 83(b) option if you anticipate that the value of your firm’s stock will decline by the time it vests or that you may not remain employed by your organization until your stock vests. 

If you are not a US taxpayer and have no intention of becoming one, you should not make the section 83(b) election. 

4. How to file form 83(b)?

To make an election under Section 83(b), you must: 

• Complete and sign the applicable Section 83(b) election form.
• File the election form with the IRS processing office where you submit your tax return within a month of the stock issue.
• If sending the original signed election by mail, ensure to enclose a copy of the ballot and a stamped, self-addressed envelope.
• While not mandatory, it is advisable to retain proof of timely submission. 

5. How Eqvista helps employees auto-file 83(b) election forms for early exercise?

When you work with Eqvista, you’ll have access to the industry’s most qualified, certified, and expert professionals, who will remove all the hassle and uncertainty from making an 83(b) election. 

You can rely on the professionals who will walk you through every step of the 83(b) auto file procedure and offer experienced assistance as direction, assistance, and any additional support you might need.

6. How does Eqvista help founders auto-generate 83(b) election forms for early exercise?

Early exercisers can use Eqvista’s automatic 83(b) filings. e This feature helps founders reduce their tax liability by making filing their 83(b) elections easier within 30 days after RSA share issuance.

Rule 701

The U.S. Securities and Exchange Commission (SEC) adopted Rule 701 to facilitate equity-based pay for private corporations. Let’s examine some relevant questions to grasp its function better.

1. What is Rule 701?

Rule 701 of the Shares Act permits private corporations to sell shares to workers and other service companies without registering the securities offering with the SEC. It is helpful when some of your workers or service providers are qualified investors who can get other securities exemptions, such as Regulation D. 

2. What is Rule 701 for reporting companies?

Certain securities sales made to pay advisers, consultants, and staff are exempt under Rule 701. Corporations that file reports under the Exchange Act are not eligible for this exemption. Under this exemption, any corporation, regardless of size, may sell shares for at least $1 million.

3. Why do Employees need to be aware of Rule 701?

As per Rule 701, businesses must provide specific disclosures to workers who receive equity remuneration, such as stock options. All employees should have access to this information to make well-informed decisions regarding their equity pay.

4. Why Do Companies Need to be Aware of Rule 701?

Rule 701, established by the SEC, permits businesses to provide stock options or stocks to their staff members without registering the shares per the Securities Act. It is a legal necessity for most businesses that use stock as remuneration. Only private businesses are eligible for this exemption. 

5. Which companies can rely on the Rule 701 exemption?

Non-reporting businesses must have less than a specific amount in securities sales over 12 months to employ Rule 701. (A non-reporting company is a business that is exempt from SEC reporting requirements.)

6. What happens if a company fails to comply with Rule 701?

Rule 701’s disclosure requirements might be expensive to implement for startups. However, the repercussions of noncompliance are not nice either. 

The SEC may levy penalties for non-compliance with the disclosure obligations outlined in Rule 701. 

7. How does the 12-month window work with Rule 701?

When there is a rolling time, the 12-month window starts before the date of the deal in question. For this reason, a 12-month period of selling securities cannot exceed $10 million if the seller wants to avoid the disclosure duty under Rule 701. 

Investors (potential buyers) need more information about the firm’s finances and investment risks if the company plans to sell or issue securities worth over 10 million dollars in 12 months.

8. Which companies do not qualify for the Rule 701 exemption?

Not all businesses qualify for or may use the Rule 701 exception. Companies obliged to submit periodic reports with the SEC according to Sections 12, 13, or 15(d) under the Securities Exchange Act cannot participate.

ISO 100K

Employers and workers place a premium on a certain class of Incentive Stock Options (ISOs) known as ISO 100K. This resource helps businesses and individuals comprehend ISO 100K and use its benefits to create strong stock option plans and equity strategies. 

1. What is ISO 100K?

The “$100K rule”, “ISO limit” exists to ensure that workers don’t abuse the tax benefits provided by ISOs by contributing more than $100,000 per year. It says the total amount of exercisable ISOs an employee can get in a particular calendar year cannot exceed $100,000.

2. What happens if you violate the ISO $100K limit?

If employees’ or their companies’ ISO contributions surpass $100k, they or they may incur tax penalties. When an employee’s total potentially exercisable ISOs for a calendar year exceeds $100,000, the excess ISOs undergo reclassification as NQOs. 

3. What is the ISO 100k limit?

If an employee has more than $100,000 in exercisable options, they cannot take the full amount as ISOs in a single year, per the $100K ISO restriction (also called the $100K rule). After an employee’s first $100,000 in exercisable stock options in a given year, the options become NSOs rather than ISOs for tax purposes. 

4. What is the ISO 100k limit used for?

The purpose of the ISO 100k cap is to prevent stock option tax abuse. Incentive stock options granted to employees as remuneration are subject to the cap. Stock options having a value of more than $100,000 get classified as non-qualified stock options and are subject to various tax rules.

5. Why should companies keep the ISO 100k limit rule?

Employees at a startup benefit from a deeper understanding of their tax situation by learning more about the $100k ISO Limit. Some startup workers may feel they are being overcharged in taxes because they are unaware of the tax treatment of ISOs. 

By informing workers about the $100K ISO Restriction, you may prevent the misuse of this tax advantage and provide them with a better understanding of how to use their stock options.

6. How to avoid a $100k rule violation?

According to federal securities law, incentives in the form of incentive stock options (ISOs) cannot exceed $100,000 per employee per year. A business will classify options as Non-Qualified Stock Options (NSOs) if it grants an employee more options than this maximum. 

7. Things to consider when calculating the $100k iso limit?

In consider the following points when calculating the ISO 100K,

• Incentive Stock Options (ISOs) are subject to an annual limit of $100,000 per employee.
• The ISO/NQO split is commonly used to distinguish between Incentive Stock Options (ISOs) and Non-Qualified Options (NQOs).
• It’s crucial to recognize that this regulation specifically applies to options that become exercisable during the year.
• Award vesting deadlines are important in maintaining compliance with the ISO annual limit regulation.

Optimize Your Equity Strategy With Eqvista!

Eqvista offers comprehensive solutions that help businesses and people navigate the complex landscape of equity management. Our extensive service offering includes ISO 100K, Form 3921 reporting, 83(b) elections, ASC 718 compliance, and Rule 701 utilization. It demonstrates our dedication to providing businesses with the information and resources they require for efficient equity administration. Are you prepared to streamline your path to equity? Contact us today to boost your equity compensation plan.