By Roxanne Richardson
Blue Accounting, Tax and Consulting Firm LLC
When companies offer their employees stock options or equity compensation, the opportunity sounds like a dream come true. However, each of these options has tax implications that employees must carefully consider. Equity compensation and stock options can be complicated, which is why it’s essential to know what those tax implications are before signing any paperwork.
Understanding Stock Options
A stock option is a contract that gives the employee the right to buy company stock at a predetermined price point. The price at which an employee can buy shares is known as the exercise price or strike price. Often, employees are not required to pay the exercise price upfront, but they have to purchase the shares within a set period, known as the exercise period.
When an employee purchases stock from their company, they incur a tax bill. The exercise price and the fair market value (FMV) price of those shares are used to calculate the tax bill. The difference in the exercise price and the FMV is known as the bargain element. This element gets taxed as ordinary income and is subject to Social Security and Medicare taxes.
Understanding Equity Compensation
Equity compensation is the offering of company stock and other securities, such as restricted stock, to an employee. Restricted stock is stock that vests for an employee over a specified time. When the stock vests, the tax is paid.
Equity compensation can be taxed in several ways, depending on how it is structured. Restricted stock units are taxed as ordinary income at the time they vest. This means that once the shares are yours, you immediately owe taxes on their FMV. If your company offers non-qualified stock options, you will be taxed on the difference between the FMV and the exercise price when you exercise your option. This is also true of incentive stock options, but with additional requirements. To receive favorable tax treatment, you must hold onto the shares for at least two years after your option grant date and one year after exercising your option.
Understanding Employee Stock Purchase Plans (ESPPs)
An ESPP is an employee benefit program that allows employees to buy company stock using payroll deductions. The purchase price for the stock is discounted from its fair market value. Because of the employees’ discounts, the difference between the purchase price and FMV becomes taxed as ordinary income.
However, if the employee holds onto the stock for at least two years, the difference can be considered a capital gain and subject to capital gain taxes.
Understanding the tax implications of stock options, equity compensation, and ESPP’ is the critical first step in making the most of your compensation package. Each of these options carries unique risks and tax implications, and it is essential to study each carefully. If you have questions about your compensation package and the taxes associated with it, have a conversation with a tax professional. The right professional can ensure compliance with established tax laws and regulations, give informed assessments, and provide strategic recommendations.
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