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Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

fenwick.com

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Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#71
post #51

Earlier quoted context omitted.

Yes, Yes, Yes, Yes, Yes, Yes, Yes

Could you please not post unsubstantive comments here, especially on divisive topics?

My post was more substantial than you may have thought. The other poster effectively asked, whether some in the tech industry should sacrifice their left and liberal ideals because of some (perceived) financial threat. To that I say no.

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#72

Earlier quoted context omitted.

Without speaking to this particular grandfather clause, I think in general these kinds of clauses deal with the fact that a new policy, good or bad, might cause people to design their incentive structures differently, and they want to avoid screwing over people who in good faith designed their structures to work best under the old system, and instead give them time to make adjustments.

What irks me is that tax policy is such that complicated incentive programs used to defer compensation and tax obligation are a thing in the first place.

ISOs aren't really a tax dodge. They're designed to encourage employees and management to put extra work and thought in to the company they're building. I can tell you if I received the value of my ISOs in cash I would not come in to work early and leave late in the hope of a payoff sometime in the future. Unless you're working at a company doing something truly interesting, I think most employees would fall in to my camp.

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#73

Earlier quoted context omitted.

Keynesian economics is insanity. Disproven by Milton Friedman and others.

Milton Friedman was a monetarist which is a belief in controlling the supply of money. That's a different instrument but actually quite similar to Keynes: they are both feedback control mechanisms. That said, monetarism is most definitely NOT cut taxes and increase spending in good times . Keynes and Friedman would both call that insanity.

Taxes on fiat currency are away to distribute expenses, not a way to raise funds. A fiat currency government can print money whenever it wants, which is taxation via inflation. (For more, see: Modern Monetsr Theory.)

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#74

Earlier quoted context omitted.

A lot of larger private companies don't allow early exercise (and even if they did the strike price is often pretty high anyway). The "become exercisable" language is ambiguous to me. If you have ISOs that became exercisable in one year that at the time were less than 100k, but you didn't exercise them and they're now worth more than that they still remain ISOs right? Would you still hit the 100k limit when you tried…

I would never work for a company that doesn't allow early exercise. Whether or not you plan to do it, you have to wonder about the attitude of those in charge if they don't allow early exercise.

Allowing early exercise is a legal and accounting headache. Many small startups have a hard time even getting stock option agreements to employees. When you're new, small, and possibly don't even have an HR person you can't really spend time on frivolous things like early exercise.

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#75

Earlier quoted context omitted.

there is a section in the document called "Grandfathering of Compensation Earned Prior to 2018" =)

These grandfather clauses irk me... if the policy is not good enough to stand on its own then it should not be policy.

There is an expectation of predictability in our legislation. Grandfather clauses preserve predictability for those who made decisions based on the old tax code. Sometimes binary grandfather status is not financially or politically possible and it's phased out instead. I think this kind of approach to legislation and regulation is fair and isn't commentary on the quality of the change.

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#76

Earlier quoted context omitted.

> These are relatively modest tax cut bills arriving at a time where the economy is growing and deficits are shrinking, which is exactly where you'd want them. So you want to cut taxes and increase deficits during growth times? This is, of course, not just different but exactly the opposite of Keynesianism. What is it that you plan to do during recessions? Cut spending and increase taxes to close your deficit? This i…

Keynesian economics is insanity. Disproven by Milton Friedman and others.

We've already seen one of Friedman's greatest (in terms of influence) disciples -- Greenspan -- openly question whether his faith in "proven" economics was well-founded. One wonders what Friedman would've thought if he'd lived longer.

(my money is on "he'd have found some way to blame someone else and claim he was still right", but one can hope)

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#77

Earlier quoted context omitted.

I would never work for a company that doesn't allow early exercise. Whether or not you plan to do it, you have to wonder about the attitude of those in charge if they don't allow early exercise.

Allowing early exercise is a legal and accounting headache. Many small startups have a hard time even getting stock option agreements to employees. When you're new, small, and possibly don't even have an HR person you can't really spend time on frivolous things like early exercise.

I also thought that early exercise at a certain point could force a company to go public, but it's possible I'm mixing up laws.

I think it had to do with how many share holders you could have, but I think that law also changed to not include employees as share holders.

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#78
post #18

Earlier quoted context omitted.

Yes, which is sort of a shame. Frankly if you were serious about simplifying the tax code and reducing unfairness and asymmetry, you'd keep the AMT and throw out the existing income tax. But whatever: the AMT is an issue for upper middle class taxpayers, and particularly ones (like tech employees, and most particularly startup employees) who see lots of their income in big chunks like stock grants and option exercise…

> These are relatively modest tax cut bills arriving at a time where the economy is growing and deficits are shrinking, which is exactly where you'd want them. So you want to cut taxes and increase deficits during growth times? This is, of course, not just different but exactly the opposite of Keynesianism. What is it that you plan to do during recessions? Cut spending and increase taxes to close your deficit? This i…

Deficits are always necessary. The size of the deficit needs to very. Since we are nowhere near full productive capacity, there is no danger in too many dollars chasing too few resources. The deficit needs to be reduced when economy is at full capacity to avoid inflation.

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#79
post #68

At least at my employer, the deferred compensation plan is only offered to high-level management employees ("Director" and above). So this doesn't seem to be a great loss for the average engineer. If other people who are individual contributors, or even low level managers, have access to an employer deferred compensation plan (different from my experience), I would love to hear about it. (As a highly paid engineer, I…

I've literally never heard of a tech company not offering deferred compensation (either stock options or RSUs).

Re: Proposed Tax Reform Stands to Impact Equity and Performance-Based Compensation

#80
post #46

Earlier quoted context omitted.

Surely, the fact that $31M of the $38M of tax he paid in 2005 was AMT had nothing whatsoever to do with it... https://www.marketwatch.com/story/read-this-to-see-if-you-ow...

He would pay more with the AMT being repealed, as the higher marginal tax rate would apply rather than the AMT rate. This trend of going "whaa, but Trump!!!!!!" every time anything happens in government makes for lazy debating.

It's "Alternative Minimum Tax", not "Alternative Maximum Tax".
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