Capital gains tax and equity compensation – How they work together

What methods do businesses use to keep their best employees coming back? Equity-based compensation is certainly one. As an employee, it might be difficult to completely comprehend your pay package when it includes equity compensation, despite the fact that it can have major advantages. When stock options are exercised, the holder pays the agreed-upon price for a certain number of shares of the company’s stock. If you elect to cash in on your stock options, you’ll become a shareholder in the business. Having stock options is different from actually owning shares.

The planning and management of stock holdings should be a top priority if you are serious about achieving your financial goals. In the end, you’ll be able to retain more of your hard-earned money while lowering the danger of having too many of your eggs in one basket. But have you wondered how capital gains tax and equity compensation work together? This article will help you understand the types of capital gains tax and how they can be minimized to help you reap the benefits of equity compensation.

Capital gain tax and equity compensation

Equity may be used in a variety of ways by companies to enhance pay packages, and when done so strategically, it can be highly beneficial for the employee. Planning ahead, ensuring your capital gains tax due is properly accounted for, and knowing the risks associated with your actions are the most critical things to remember, even if every scenario is unique.

If the stock’s value rises, so does the employee’s payment, which is a major perk of equity compensation. This is a powerful incentive for staff to put in extra effort and make meaningful contributions to the company’s success. It’s good for business, too, since it keeps workers around for longer.

Equity compensation and its types

Equity compensation is a kind of non-monetary remuneration that may be offered to employees. Wages and salaries are common forms of compensation for work. On the other hand, you may be eligible to get equity remuneration here, which is akin to having a stake in the company. In most cases, this equity corresponds to the market value of the company’s shares.

Stock options are one kind of equity compensation that employers may provide. Employees are given investing opportunities by their employers, but they are under no obligation to make use of them. Identifying and learning to recognize these types is crucial. One kind may be more advantageous than others depending on your circumstances and the organization you work for. Your preferred type may also change over time. The most frequent types are:

• Incentive Stock Options (ISO)
• Non-Qualified Stock Options (NQSO)
• Restricted Stock Unit (RSU)
• Performance Shares

Benefits of equity compensation

Equity-based remuneration has financial benefits for both the company and the individual. It’s a win-win situation since the workers get more of what they want, and the business doesn’t have to sacrifice its profit margin. More benefits of equity compensation are as follows:

• Benefits small businesses by letting them compete with larger ones by offering workers a piece of their potential even when they don’t have a lot of cash on hand. That way, they can keep their financial footing.
• Employers gain when their workers’ values are congruent with the organization’s goals.
• Reduces absenteeism by motivating workers to prioritize their job and take pride in their work so they may earn a higher salary.
• Motivates employees because they feel like they have a stake in the company’s success and are contributing to its future rather than merely being paid to work for it.
• Some authorized programs, such as qualifying ESPPs and ESOPs, provide tax advantages to both the company and the employee.
• As a result of the reduction in cash payouts, enterprises with restricted cash flow may better manage their cash flow.

Disadvantages of equity compensation

Although equity compensation is well-liked across many sectors, its complexity is often cited as a major drawback.

• Equity pay is subject to a wide range of jurisdictional and tax rules, as well as several reporting requirements.
• The plan’s design, how much stock to give away, member eligibility, vesting schedule, and plan period—require a lot of thinking and labor.
• Additional effort in monitoring and reporting ownership changes, maintaining documents/policies/procedures, engaging with stakeholders, contacting your board of directors, and maintaining compliance may be added to the already heavy burden of your equity plan administration departments.

How is equity compensation taxed?

Rules and tax consequences for receiving equity pay might be difficult to navigate. You may be wondering what your asset is, how it functions, and how it is taxed. Gaining an understanding of your holdings can help you better value your stock compensation and incorporate it into your long-term financial strategy.

• Incentive stock options (ISOs) – Gains from the instant sale of shares acquired via an exercise are taxed as regular income. ISOs aren’t always the most tax-efficient option, but they may be useful if you have the funds to purchase shares and want to keep them for a while. Your whole profit will be treated as a long-term capital gain instead of regular income if you sell within the specified time frame. Since the tax rate on long-term capital gains is much lower than that on a regular income, this may result in substantial savings.
• Restricted Stock Units (RSUs) – Shares of restricted stock are taxable income in the year they vest, at their fair market value on the date of vesting. If you sell your shares after they have increased in value, you will owe capital gains tax upon the gain at either the short-term or long-term rate.
• Employee Stock Purchase Plans (ESPPs) – Stock acquired under an ESPP is often given the same preferential tax treatment as that of incentive stock option awards. For tax purposes, long-term capital gains treatment applies to profits realized on the sale of an asset held for more than one year and for at least two years following the end of the applicable holding period.

Overview of capital gains tax

When an investor sells an asset and earns a profit, they must pay capital gains tax on that gain. When an investment is sold, tax payment is due for that year. In 2022 and 2023, the tax rate on long-term capital gains is 0%, 15 %, or 20%, depending on the taxpayer’s other taxable income. A new set of income thresholds is in effect every year.

When an investor sells an asset they’ve held for more than a year and earns a profit, they’ll be subject to long-term capital gains tax. The investor is subject to a capital gains tax on short-term if they have held the investment for a year or less. The taxpayer’s typical income band is used to calculate the short-term rate. Except for the highest-income earners, that’s a higher rate than the one applied to capital gains.

Types of capital gain tax and how they work

Depending on how long they are held, capital gains are either long-term (LTCG) or short-term (STCG). Gains may be either long-term or short-term, depending on the characteristics of the underlying capital asset and the length of time the taxpayer has owned the asset. This is significant because long-term capital gains qualify for preferential tax treatment.

Short-term capital assets include those that are sold or liquidated within 12 months after purchase. Any investment kept for more than a year is considered to be a long-term capital asset, as opposed to a short-term one.

Existing U.S. federal tax policy limits the rate of capital gains tax to “long-term capital gains” or income on a transaction involving the sale of the assets maintained for over a year. Depending on a person’s tax band, the rate might be as low as 0% or as high as 20%.

The tax rate on most people’s income is greater than the tax rate on their long-term capital gains. That way, they’ll save money on their capital gains taxes if they wait a minimum of a year before selling their assets.

How is capital gain tax calculated?

Most taxpayers (or their hired help) now use tax preparation programs that handle the math for them. To acquire an approximate figure, you may also utilize a capital gains calculator. There are a number of free calculators that can be found on the web. Here are the bare basics of the capital gains tax calculation if you insist on doing it yourself:

• Establish your basis – The basis is the whole amount you spent for the asset, including any fees and commissions. In the event of a stock split or dividend, the basis may be increased or decreased accordingly.
• Find out how much money you really made – The net profit is the sales price less any fees and charges.
• Calculate the net profit – This can be done by subtracting your cost (the base) from the sales price (the realized amount). Gain on investment (or loss).
• Calculate your tax burden – Gains on assets are subject to capital gains tax calculated by multiplying the gain by the applicable tax rate. Capital losses may be used to reduce the impact of capital gains.

Example of capital gain tax rates

Let’s suppose you purchased $100 in ABC Inc. stock for $10 each share and then sold it after a year at $30. Assume further that your long-term profits are subject to tax at 15% because of your income level.

The purchase amount of 100 shares at $10 = $1,000
Sale amount of 100 shares at $30 = $3,000
Capital gain = $3,000 – $1000 = $2000
Capital gains tax at 15% = $300

In this case, the government will take $300 from your taxable income. It might always be worse. For the fiscal years 2022 and 2023, the maximum regular income tax rate is 37%, so any profit you made from selling shares you held for less than a year would have been subject to taxation at that rate. Additionally, this does not account for any state taxes.

Importance of understanding how they work together

The government expects a portion of your “capital gain” (profit from investments) just as it does your compensation. The tax on profits is being reduced. It’s important to distinguish between unrealized and realized profit for tax reasons. When the value of an item or investment you hold rises but you haven’t yet sold it for cash, you have an unrealized profit.

Take the hypothetical case of investing in a company’s shares and seeing a 15% return on your investment after one year. Your stock has grown in value by 15%, but you still hold onto it, thus that gain is unrealized. When an item or investment is sold for an amount greater than it was originally purchased for, this difference is known as the gain.

Understanding why and how equity compensation and capital tax gains work together is crucial for planning your financial strategy.

How do Equity Compensation and Capital Gains Tax Work Together?

Stock options and restricted stock are common forms of pay and rewards for employees who accomplish company goals. However, the financial benefits of these gifts of investing opportunities may not be immediately apparent.

It is probable that the options you have for investing will be subject to a vesting schedule. This means that before you are able to exercise your options, the stock or pension plan must first “mature”.

Once they mature and you decide to exercise them, your gain with respect to the sale will be subject to capital gains tax. When an employee decides to cash in on their stock options, they must take into account the related tax consequences. Capital gains or losses, depending on whether the employee made money or lost money, must be reported when an employee sells shares.

Vesting schedules and their impact on taxation

If you’ve been given stock options subject to a vesting schedule, you should know when and how to exercise them. If you decide to quit your firm before your options have vested, it might have a major effect on your finances.

Vesting schedules are used by employers as an incentive for staff to stay with the firm for extended terms of employment. When all of your assets have been vested, you own them completely and irrevocably. However, you may lose part of your assets if you quit the firm before your stock is completely vested.

Since stock options don’t offer workers a stake in the company until they’re actually exercised, they have no immediate tax consequences. When stock option holders exercise their options, they become official owners of the underlying shares and thus become eligible to pay taxes.

Timing of exercising equity compensation

Once your stock options have vested (i.e., certain conditions have been satisfied), you are normally free to exercise them whenever you choose up until the time they expire. Time and/or achievement criteria may be used to determine vesting. For example, under a time-based vesting scheme, you won’t be able to cash in on your stock options until you’ve been with the firm for a set number of years. The option shares become vested after a specific number of years have elapsed, and you may then exercise those shares up to the expiration date (usually within a 10-year range). There are several businesses that enable early exercise (i.e., prior to vesting).

Strategies to minimize capital gains tax

Numerous strategies exist for reducing or evading this kind of tax. Take a look at these five methods that are often used:

• Invest with the long-term in mind – The capital gains tax bracket is the lowest for long-term stockholders who successfully identify and invest in excellent firms. That being said, it is simpler to say than to really execute. Depending on the company’s trajectory over time, there may be a number of compelling reasons to sell sooner than expected.
• Use a retirement plan that defers taxes – With a retirement plan like a 401(k) or IRA, your savings can build up tax-free until you withdraw them in retirement. Investments bought and sold inside a retirement account do not incur capital gains tax. If you have a conventional IRA, any gains you make will be treated as regular income when you remove the funds, but you might find yourself in a lower tax band by the time you withdraw the money. With a Roth IRA, on the other hand, your withdrawals will be completely tax-free so long as you stick to the requirements.
• Make use of capital losses to reduce profits – You may use a loss on one investment to offset the gain on another, lowering your effective tax rate. Take two equities you hold, one of which has appreciated by 10% since you bought it while the other has depreciated by 5%. If you were to sell both stocks, the capital loss from one would be applied to the capital gain from the other. While it would be great if all your assets increased in value, the reality is that sometimes they decline, and this strategy may help you recover at least part of your losses.
• Keep an eye on your holding times – Identifying the transaction date of a securities acquisition is essential if you want to sell a holding you made about a year ago. If the investment’s price has been generally stable, it may be prudent to wait a few days or weeks before selling in order to take advantage of long-term capital gains treatment.
• Select a cost base – It is important to know your cost basis when selling shares in a business or mutual fund that you have purchased at various dates and at different prices. The FIFO technique is the most common way for investors to determine their cost base; however, there are four additional options: the LIFO method, the dollar-value LIFO method, the individual share identification method, and the average cost approach.

Comply with equity taxation with Eqvista!

Consult a tax expert prior to exercising and selling in order to optimize your earnings. Though they can’t see into the future, advisers can help you weigh your alternatives and provide advice on how to reduce your tax bill regardless of the performance of your company’s shares. At Eqvista, we offer accurate tax filings for your business that are compliant with the required regulations. Be it maintaining or filing your tax reports, managing your shares and shareholders or having a unified platform for all these activities, we have it all covered for you. Call us today, if you want to avail customized accounting services for your company!