How equity compensation is taxed – A guide for employees and employers

The relationship between equity and taxation is intricate, and employees who get restricted shares, options on stocks, or RSUs face vastly different tax repercussions. The tax consequences of an equity award are contingent on a number of factors, including the kind of the award, the length of time you hold the underlying shares, and the performance of the share price.

You may lower your equity compensation taxation and increase your after-tax earnings by using a sound tax management plan for your stock pay. If you expect your workplace equity pay to play a significant role in your long-term financial success, you need also to have a plan in place to minimize your tax liability. This article will give you insights into the importance of equity compensation taxation for employees and employers in detail.

Equity compensation and taxation

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. However, if you choose this approach, you might potentially get equity remuneration in the form of a stake in the company. This equity is often linked to the stock price of the firm.

If you have never dealt with a system like this before, it might appear complicated. However, the bigger picture will become clearer as you start to break it down. Equity compensation taxation has implications for your future employment options and should not be ignored.

Understanding equity compensation

Employees are sometimes awarded equity remuneration in lieu of cash. Employee ownership in a corporation is represented through equity remuneration, which may take the form of stock options, restricted stock, or performance shares.

Equity compensation provides workers with a stake in the company’s success via capital appreciation and may serve as an incentive to stay around, especially if the company has vesting restrictions. It is not uncommon for below-market salaries to be accompanied by stock compensation.

How does equity compensation work?

Many private organizations, particularly startups, provide equity pay in addition to the more traditional salary and benefits packages. To compensate for a shortage of funds or a desire to reinvest cash flow in development projects, equity compensation may be offered by newly founded companies to attract and retain top talent. Equity pay has been a common way for both new and established technology businesses to compensate personnel.

There is always risk involved with receiving equity as payment since there is no assurance that your investment will succeed. Salary payments, in contrast to (or in addition to) stock compensation, might be preferable if you want certainty about your financial future. Your equity compensation may be affected by a number of factors.

Importance of equity compensation and how it is taxed for both employees and employers

Offering stock options to workers is a great perk for businesses, particularly in prosperous times when it may help keep talented workers from leaving. Equity compensation allows workers to buy shares of company stock at a discount within a certain period of time. There are substantial tax ramifications whenever an individual stands to gain from stock options.

Employees who are paid in stock options do not have a taxable interest in the company until they actually take the plunge and buy shares. When stock option holders actually exercise their options, they become legal owners of the underlying shares.

This rule is only sometimes broken. Employees may be required to disclose stock options if they are regularly traded on a recognized market or if the value of the options can be calculated with relative ease. This is not something that occurs often, but you should be prepared for it.

The employee should think about equity compensation taxation when they decide to sell their stock options. Capital gains or losses, depending on whether the employee made money or lost money, must be reported when an employee sells shares.

Are there any disadvantages of equity compensation?

While equity compensation taxation and other related features may be favorable to the employees, there are a few drawbacks from the view of a business owner. They are discussed as the following:

• It’s possible that the company’s founders will have trouble letting go of control.
• Regulations are complicated, and violations may have serious tax (mainly employee) and accounting (primarily company) ramifications;
• The IRS may not recognize the value assigned to the equity pay since it is difficult to determine the worth of privately owned enterprises.
• Since workers don’t have to take any chances, their risks and reward aren’t aligned with those of the company’s founders.

Types of Equity Compensation

Employee ownership in a corporation is represented through equity compensation, which may take the form of stock options, restricted stock, or performance shares. The following are the types of equity compensation.

• Stock Options – Stock options are a type of equity compensation wherein a company grants an employee the right, at a fixed price (the “exercise price”), to acquire a certain number of shares of the company’s stock from the business. This privilege may vest gradually, giving workers access to it only after they’ve been with the firm for a certain length of time (the vesting period).
• Restricted Stock Units (RSUs) – The ownership of restricted shares is subject to a vesting time. There may be a single vesting event after an extent of time. Vesting may also happen all at once, over a certain number of years, or in any other way that the company’s management sees fit.
• Employee Stock Purchase Plans (ESPPs) – Employee stock purchase schemes allow workers to buy shares of the firm at a discount, often 15% below market value. The “look back” feature of an ESPP allows the plan to utilize the stock’s closing price from a specified period in the past. This value might be the lowest of the acquisition price or the stock offering price.

Taxation of Equity Compensation for Employees

When an employee decides to cash in on their stock options, they must take into account the related tax consequences. Employees are obliged to declare capital gains or losses after the sale of their shares based on the difference between their tax basis and the amount they earn or lose from the sale. Also, equity compensation taxation varies with the kind of stocks available to the employees.

Different tax treatments for each type of equity compensation

We’ve gone through some of the fundamentals of equity compensation; now let’s talk about the tax implications. Equity compensation taxation needs to be done just as it must be paid on your normal wage at the firm where you work. Depending on the nature of your stock option, you may need to be familiar with different tax regulations.

• Stock Options – The tax treatment of ISOs is more malleable than that of other stock options. The tax treatment is more favorable since you are an employee of the corporation rather than a consultant or contractor. Taxes on stock gains are typically postponed until the stock is sold.
• Restricted Stock Units (RSUs) – The most important fact regarding RSUs is that when the vesting period ends, they are subject to taxation. A significant amount of RSU-related work won’t be required of you until after that task is finished.
• Employee Stock Purchase Plans (ESPPs) – Stock in employee stock accounts is tax-free. Employees will only incur a tax liability if they sell or otherwise dispose of the shares they acquire after the mentioned date. Taxation applies solely if they’ve made or lost money. The tax rate varies on how long equities are kept.

Understanding the tax implications of exercising or selling equity

It may be difficult to make sense of the implications of equity compensation taxation, particularly following a period of volatility in the stock market. When it comes to the tax implications of their stock plan benefits, just one in three workers who receive equity may feel confident in their knowledge. Equity compensation taxation is contingent on a number of factors, including the kind of award, the length of time you hold the underlying shares, and the performance of the share price.

You should consult a financial advisor and a tax expert to figure out the optimal time to sell or keep your stock award based on your current financial circumstances and long-term aspirations.

How to minimize tax liability for equity compensation

If you expect your workplace equity pay to play a significant role in your long-term financial success, you need also to have a plan in place to minimize your tax liability. Here are some suggestions for lowering your equity compensation taxation.

• Consider the time of exercise or sale of equity – Stock options provide the holder with the right, but not the duty, to acquire shares at a certain price and within a specified time frame. The stock options you’ve been granted may have a holding period before you may use them to buy the underlying shares. If an option to purchase stock is not exercised by a specific date, it will likely become null and void. When you exercise your incentive stock option (ISO) and sell your shares will determine how much tax you owe. You might potentially reduce your taxable revenue and tax liability by executing these deals during years when you qualify for a more favorable tax band.
• Consider tax credits and deductions – To avoid being taxed twice on money made while living overseas, you may take advantage of either the international tax credit or income deduction. The difference comes mostly in the amount of income that is taxed. Tax deductions and credits both work to decrease your tax bill but in different ways. Credits are more important since they lower your equity compensation taxation liability, yet both help you save money.
• Gift or donate equity – Donating valued stock to charity may be a great way to help others and reduce your taxable income at the same time. Donating appreciated stocks to a nonprofit organization might help you avoid paying capital gains tax. Additionally, the stock’s FMV may be deducted from your taxable income.
• Prepare Hedging Strategy – Hedging is a tool for reducing risk and securing a return. The strategy may help you weather stormy market conditions. It safeguards you against fluctuations in things like the cost of living, interest rates, the exchange rate of the dollar, and more. To invest in hedged equity, one must first acquire a stock position as the underlying investment and then get a hedge to protect against market risk.
• Consult with a tax professional – It is strongly suggested that you consult with a competent tax counselor to determine the tax implications of the equity you receive. Equity compensation taxation is complicated and may be governed by additional regulations and restrictions that are not covered here. You should know what kinds of taxes you could owe if you get equity, what records to provide your tax preparer so that you can file your taxes accurately every year, and how you might include gains or losses in equity value into your overall financial strategy.

Taxation of Equity Compensation for Employers

Employers often provide one of two kinds of stock options:

• Incentive stock options
• Non-qualifying stock options

Both types of stock options are valid forms of employee compensation for companies to use. The tax consequences of each kind vary.

Taxation of employee stock options and restricted stock units

Equity compensation taxation is performed in a manner distinct from ordinary income. Stock option sales generate capital gains, which are taxed at a lower rate than ordinary income. Non-statutory stock options and incentive stock options have vastly different tax treatments.

Employees who receive non-statutory stock options must pay ordinary income tax on the variation between the option’s exercise price and its current fair market value. Taxes on income and wages are levied on non-statutory stock options. Non-statutory stock options, in contrast to statutory stock options, are not subject to the Alternative Minimum Tax (AMT). There is a withholding tax on non-statutory stock options.

The procedure is more involved when dealing with incentive stock options. AMT is an additional tax on income levied by the federal government, and it applies to certain people, estates, trusts, and employee stock option sales. The taxes an employee pays when exercising stock options are reduced.

AMT is a shadow tax designed to ensure that those who decrease their taxes via deductions and other tax benefits pay a minimum tax. Those earning above $200,000 per year were originally targeted as the beneficiaries of AMT. It became public knowledge that many high-income earners were in a legal situation where they owed no taxes. The tax impact is small for moderately compensated non-executive personnel.

Reporting requirements for employers

Employers often furnish employees with the necessary tax reporting information by issuing IRS Form 3921. It is the responsibility of the employee to record any gain or loss incurred from the sale of shares of stock obtained via the exercise of stock options.

Once an employee has purchased stock options at the reduced price, the employer or their transfer agent must provide them with IRS Form 3922. The employees may use the form’s instructions to figure out if a particular gain or loss represents ordinary income or capital gain.

Tax Considerations for equity compensation

Grants of equity are taxable as wages for the purposes of sec 32 under the National Internal Revenue Code (NIRC) from 1997, as applied by Revenue Ruling No. 2-98. Section 32 from the NIRC and all relevant issuances do not differentiate between employees at different levels of the organization for the intent of equity compensation taxation so the same withholding tax treatment applies to all grantee-employees.

Double taxation and foreign tax credits

There are two methods to prevent being taxed twice on money made while living abroad: the credit for foreign taxes and also the international earned income exception. Income eligibility is a fundamental distinction between the two. Any income, whether earned or unearned, may benefit from the overseas tax credit. However, only earned resources are excluded from taxation while working abroad.

U.S. citizens could recover some of the money they lost to overseas income taxes because of the foreign tax credit. The credit is available to citizens and permanent residents of the United States who have paid income taxes to a foreign nation or territory of the United States. The credit may help you pay less in U.S. taxes and avoid double taxation.

Comply with equity compensation taxation with Eqvista!

Incorporating equity compensation into your overall financial strategy is essential since it can be a significant perk that aids you in reaching your own objectives. We at Eqvista are a group of financial experts that make it our business to simplify our customers’ financial lives. We are here to help you navigate and manage your available shares and options. Get in touch with us right away if you need assistance with stock portfolio management or tax planning.