Earlier quoted context omitted.
> why is there such outrage about taxing option and RSU income? There is no outrage, or even opposition to taxing income from selling options and RSUs. The problem arises because in some situations options and RSUs are considered "income" as themselves, not a potential to make income when they are sold. You get some options in an early-stage startup, and have to pay tax on that. But you can't actually sell your optio…
Liquidity is not a requirement for a transfer of an asset to be considered income. If your company paid for your apartment, that's income, despite the fact that it may be impossible for you to sublease it. Certainty of future value is not a requirement for something to be considered income. You get paid in dollars all the time, but that's just an asset with fluctuating value. There are several loopholes that get arou…
Don’t Tax Options and RSUs Upon Vesting
381–388 of 388 posts
Re: Don’t Tax Options and RSUs Upon Vesting
#382The most obvious thing that I can currently think of is just that maybe the startup just doesn't have that much cash in the initial stage, so raising wages to even higher would just bankrupt it, while options is something that would only cost the company money if ever it actually succeeds, thus it can afford to give options away. If one thinks of it in that way then maybe it would make slightly more sense?
Re: Don’t Tax Options and RSUs Upon Vesting
#383So we need to split this issue between companies that are public (or otherwise have liquid equity) and those that don't. For the big companies it's pretty easy. They're largely RSU based. Shares are vested/released. Many companies allow full autosale. Easy. Even in the case of selling enough shares to cover withholding your still left with something very liquid. Options in public companies are in basically the same b…
We offer stock grants (basically RSUs without a formal vesting schedule) to key employees at my firm and have had no issues. You say that there are issues with the vested stock not being liquid, but the issuing employer can simply offer to buy the shares back if needed at fair value if liquidity is needed, which we determine according to a formula which inputs the firm's balance sheet and trailing profitability.
This has the advantage of being very straight forward, both to the owners as the issuing party, and the employees -- but has the cost of being disadvantaged by the tax code.
Contemporary startup options packages are anything but that. Most of the time neither the employee receiving them nor the HR person explaining them has any idea how they really work -- but for all that opacity, they get a preferential tax treatment.
It's probably worth pointing out that the only reason startups rely so heavily on option compensation as opposed to simple equity grants are for the reasons above: they are tax advantaged, and the employees have no idea what they're getting. I wouldn't mind seeing the startup world return to a more easy to understand scheme.
Re: Don’t Tax Options and RSUs Upon Vesting
#384Earlier quoted context omitted.
> if the company tries, they'll be treated as NSOs for tax reasons, which defeats the whole point. How does that defeat the whole point? The entire point of ISOs is that you can exercise without being taxed immediately. After leaving a company, I would much rather have NSOs that I can hold onto, unexercised, until after a liquidity event when the alternative is having nothing. (I mean, really, though, overall the nee…
> How does that defeat the whole point? The entire point of ISOs is that you can exercise without being taxed immediately. Not exactly - you're still taxed, but only via AMT, not regular income tax. > After leaving a company, I would much rather have NSOs that I can hold onto, unexercised, until after a liquidity event when the alternative is having nothing. Sure, but that's not really an option either. NSOs also exp…
Well, sure, but that's not always the case, and I don't consider that regular taxation. (I'm well aware of AMT rules, having been subject to paying AMT the past two years due to this exact issue.)
> NSOs also expire (and again, the requirement for having an expiration comes from the IRS).
So what? I'd rather have an NSO that expires many years down the line (a figure I see from a lot of companies that do that conversion is 7 years, which is usually plenty) than nothing.
> That's not what's happening. ISOs exist in order to allow companies to provide shares to employees below market rate at the day they vest. The difference between market rate and the actual rate paid is taxable, because that does represent a gain realized.
Not sure what you mean. NSOs behave in the same way wrt to what the company can offer, and as to what's taxable; ISOs just allow you to defer that taxation until sale (aside from the aforementioned AMT annoyance), and also (assuming you make a qualified disposition) treat the entirety of the gain from the strike price as a long-term capital gain. (See https://www.theventurealley.com/2016/10/isos-vs-nsos/)
Re: Don’t Tax Options and RSUs Upon Vesting
#385Earlier quoted context omitted.
> If it were of public knowledge that when a company IPO's, employees in total collect less than 10% of the gains, the public outrage would soon ban the practices that we see everyday. What do you mean? Of course this is public knowledge. Anyone accepting an equity grant as an employee who doesn't know this isn't doing their due diligence. Asking about the cap table of a small startup while interviewing is an entirel…
> What do you mean? Of course this is public knowledge. Anyone accepting an equity grant as an employee who doesn't know this isn't doing their due diligence. Really. Can you tell me what were the employee gains of facebook, google and twitter on stock divided by the market compensation at the time that the engineers got? Where the engineers back then at every single founding round making a proper decision based on t…
Of course I can't, but a) why would _I_ personally be able to, about companies I've never been financially tied to?, b) that's not really the point. It's exceedingly rare that anyone outside of an institutional investor, founder, or non-founding C-suite exec will get 10% (or even close to that) of the proceeds at IPO or acquisition time. If that's not common knowledge to anyone who has either worked at a startup and/or has done a minimum amount of reading about startup equity grants, then I guess I don't know what common is.
> Please.
Mind keeping it civil? That kind of dismissiveness is rude and uncalled-for.
> Its not always available on the decision for the employee. The cost of acquiring that information is orders of magnitude different from the employee than the founders/investors. Its still asymmetry of information, even if it is provided, which it isn't always. In any case, if thats what you believe, then you would have no concerns of making it public, since it already is.
I'm not saying anyone makes it public. Asking questions like these is pretty basic advice when receiving an equity grant, and companies that I actually respect give a reasonable answer. No, they're not going to open their books to you, but they'll give you enough information to at least be useful.
> Why cant it afford to be "one of those"?
The cost to IPO (assuming the unlikely event you can find a reputable bank to underwrite) would easily eat up any funding you've gotten in the beginning, and then some.
Re: Don’t Tax Options and RSUs Upon Vesting
#386Earlier quoted context omitted.
It really isn't "made up." Issuing equity compensation triggers all sorts of activity. The notion of vesting is that the individual will come to own shares after the conditions are met sufficient to lift the restrictions. The restrictions often include time in service to company ("after 1 year of service, you will earn 100 shares"), performance toward some specific goal ("prototype passed QA by Q3"), and financial pe…
If the company can’t take them away from you but you’re contractually obligated not to sell for 18+ months, they aren’t really yours.
Re: Don’t Tax Options and RSUs Upon Vesting
#387Earlier quoted context omitted.
> What do you mean? Of course this is public knowledge. Anyone accepting an equity grant as an employee who doesn't know this isn't doing their due diligence. Really. Can you tell me what were the employee gains of facebook, google and twitter on stock divided by the market compensation at the time that the engineers got? Where the engineers back then at every single founding round making a proper decision based on t…
> Really. Can you tell me what were the employee gains of facebook, google and twitter on stock divided by the market compensation at the time that the engineers got? Where the engineers back then at every single founding round making a proper decision based on the information they had? Of course I can't, but a) why would _I_ personally be able to, about companies I've never been financially tied to?, b) that's not r…
It's a ludicrous position to say that because the rules of hidden information are known, there would be no effects in the information where to be known. I can't fathom making the argument that because there is potential access to information, its the same as the information being public being done in good faith.
> I'm not saying anyone makes it public. Asking questions like these is pretty basic advice when receiving an equity grant, and companies that I actually respect give a reasonable answer. No, they're not going to open their books to you, but they'll give you enough information to at least be useful.
If its useful to collect it and for the investor to know it, it's useful for the employee to have access to it, and it is also useful for the employee for the general public to have access to it. An employee is woefully unprepared to make an analysis in comparison to investors, even if the company disclosed 100% to their employees, there would still be asymmetry of information.
There is no extra effort for the startup. Just disclosure.
> The cost to IPO (assuming the unlikely event you can find a reputable bank to underwrite) would easily eat up any funding you've gotten in the beginning, and then some.
The cost of an IPO is made up. If there is anything showing that clearly, is the craze for ICO's.
Re: Don’t Tax Options and RSUs Upon Vesting
#388Aren't RSUs already taxed upon vesting? How does this change anything for RSUs?
My reading is, this change won't affect RSUs those can be traded in public market. It will, however, have huge impact on paper money, because you are taxed in advance, and the return might be zero.