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Ex-Uber employees are being surprised by big tax bills

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Re: Ex-Uber employees are being surprised by big tax bills

#11
post #10
post #8

This story completely misses what the lawsuit is actually about. It isn't just a bunch of employees who are pissed that the stock went down. Employees' RSU agreements stated that Uber would deliver their shares 6 months post-IPO. A few days before the IPO Uber decided to amend the agreement and accelerate the vesting, so shares would be available on IPO day itself. Why did they do this? Uber is legally required to wi…

Thanks. The article initially read as if people had held their stock as if it was an investment and are mad they didn't sell to cover the tax bill sooner. After your explanation it is much clearer. tl;dr Uber accelerated vesting of employee grants so that they happened during the lockout period. Also they could have proactively taken more out to cover taxes for the employee but chose instead to take the minimum out.

> Also they could have proactively taken more out to cover taxes for the employee but chose instead to take the minimum out.

They didn't do this for the same reason - they were paying for the withheld taxes themselves.

Re: Ex-Uber employees are being surprised by big tax bills

#13
post #4

This seems... spurious. Granting IPO stocks on IPO day is beneficial if the stock goes up, and "detrimental" if the stock goes down from the initial price instead, which is what happened with Uber. The article makes it look like Uber tried to short change employees, but if the stock had rocketed up, they would have saved employees a ton of money in taxes because the gain from IPO price to the price when the lock-up e…

Did anyone really think the stock was going to rocket up?

Yes, everyone who went long on the day of the IPO.

Re: Ex-Uber employees are being surprised by big tax bills

#14
Suppose you're at Uber, got your shares on IPO date (May 9) and sold 6 months later (~Nov 9), wouldn't the tax shenanigans be a wash for you? You were taxed when they vested, so the new cost basis would be the IPO price, and you'd get to claim a loss when you sold?

It's a little different if you held into 2020, though. Then you'd be on the hook for the higher taxes, but again, you should still be able to eventually claim the loss, so as long as you're in the same tax bracket, it'd be OK.

Re: Ex-Uber employees are being surprised by big tax bills

#15

Lawsuit at https://uberrsuclaims.gallo.law

Is there any downside to joining that lawsuit if you qualify?

It's a class action, so it depends if it's opt-out or opt-in. If it's opt-out, you'll be in the class by not taking any action. The downside to class actions is usually that you can't sue on your own. You might also disagree with the merits of the case, so there could be an ethical concern on your end. You also might not like how much your lawyer is getting paid.

Re: Ex-Uber employees are being surprised by big tax bills

#16

Suppose you're at Uber, got your shares on IPO date (May 9) and sold 6 months later (~Nov 9), wouldn't the tax shenanigans be a wash for you? You were taxed when they vested, so the new cost basis would be the IPO price, and you'd get to claim a loss when you sold? It's a little different if you held into 2020, though. Then you'd be on the hook for the higher taxes, but again, you should still be able to eventually c…

> You were taxed when they vested

You were taxed the minimum amount (37%) when they vested, but likely need to pay a lot more than that yourself.

Re: Ex-Uber employees are being surprised by big tax bills

#17
post #16

Suppose you're at Uber, got your shares on IPO date (May 9) and sold 6 months later (~Nov 9), wouldn't the tax shenanigans be a wash for you? You were taxed when they vested, so the new cost basis would be the IPO price, and you'd get to claim a loss when you sold? It's a little different if you held into 2020, though. Then you'd be on the hook for the higher taxes, but again, you should still be able to eventually c…

> You were taxed when they vested You were taxed the minimum amount (37%) when they vested, but likely need to pay a lot more than that yourself.

Wouldn't they be taxed at the bonus rate when they vest (22%)?

The IRS gives you some time to pay the difference; I think if they get their money in the tax year, they're happy. So if you owed those taxes but knew you'd sell in November, the loss would offset the gain, and it'd be like you never owed the taxes. It would work out so you'd pay taxes on the sale price as though it were all short term capital gains. The problem comes if you don't sell in 2019. First, you'd owe those taxes on gains you never really saw. When you realize the loss, you'd be owed the taxes back, but as an offset to gains elsewhere the year you sell, or in $3000 increments for the rest of your life.

Re: Ex-Uber employees are being surprised by big tax bills

#18
post #16

Suppose you're at Uber, got your shares on IPO date (May 9) and sold 6 months later (~Nov 9), wouldn't the tax shenanigans be a wash for you? You were taxed when they vested, so the new cost basis would be the IPO price, and you'd get to claim a loss when you sold? It's a little different if you held into 2020, though. Then you'd be on the hook for the higher taxes, but again, you should still be able to eventually c…

> You were taxed when they vested You were taxed the minimum amount (37%) when they vested, but likely need to pay a lot more than that yourself.

Where did 37% come from? It would usually be around 22%-24% and whatever your state tax rate is.

Re: Ex-Uber employees are being surprised by big tax bills

#19
post #2

You have to read to paragraph #17 before you get the information the story is really about. Uber delivered shares to its employees on the day of its IPO in May 2019, meaning employees would be taxed at the price of $45 a share. But the employees were restricted from selling their shares for six months, by which point the price had fallen to around $27 a share. This definitely sucks for the employees. But it isn't rea…

Why is that stupid? I own the stock on day X (and ignoring the lock in period), it’s part if my compensation that I could sell and by any other stock.

Re: Ex-Uber employees are being surprised by big tax bills

#20
are you allowed to short the stock during the period when you are not allowed to sell the RSU’s? In other words, is it possible to create a liability (the short position) that exactly offsets your asset (the RSU’s that are ‘delivered’ but that you can’t sell)?
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