2 ms·

That is correct, but the difference between the instruments is not relevant to my statement. I bought restricted stock when I founded a company, which vested ov

That is correct, but the difference between the instruments is not relevant to my statement. I bought restricted stock when I founded a company, which vested over four years, and have taken options when joining as an employee. Almost chose to do an 83b election on my options using a loan from a startup I joined, in order to improve my tems, but I am happy I did not do so. Considering the risk of failure it is generally advisable to diversify your investments more than that. Edit: rdl , for the loan from the company to do the 83b election to be a considered a loan by the irs it must have almost full recourse. You will be liable for it and the creditors will ask for the loan amount in case of failure.

rdl 11y ago
Yeah, but in an early company it shouldn't matter as much -- these guys are pre-409A so you could easily argue $500k corp valuation and thus the guy with 1% of the company has $5k of options to exercise. And in a later company you probably don't get 1%. It's probably in the $1k-50k to exercise options in most companies. A loan which is somehow forgivable for the stock seems like it could solve this; if the stock is worthless, return it instead of the loan. (I thought you can do that? But I guess you can't?)
- rdl 11y ago
  Wow, this is stupid tax crap, but there seems to be a workaround. http://www.ecjlaw.com/22505/ecj-viewpoints/taxing-matters/how-to-spice-up-restricted-stock/ http://www.ecjlaw.com/22505/ecj-viewpoints/taxing-matters/ho... "Here is how it works: The employer transfers the stock to the employees at no cost, and the employees make the Section 83(b) election to accelerate the taxable event to the date of transfer. That requires the employees to recognize ordinary income in an amount equal to the value of the stock and enables the employer to report an ordinary noncash deduction equal to the same amount. The employer then finances the employees’ income-tax liability with a nonrecourse loan to the employees (at today’s low interest rates) secured by the restricted stock. Since this doesn’t involve the financing of the employees’ purchase price of the stock, the restricted stock grant would be considered a “transfer” of the stock, thus closing the compensation element of the transaction upon transfer because the Section 83(b) election is made. This avoids the tax uncertainty created by financing the actual stock acquisition with a nonrecourse loan and the requirement of a substantial cash down payment by the employees or, alternatively, a substantial portion of the acquisition note’s being recourse. Although employees must still pay the ordinary income tax incurred on the date of grant, they have deferred the payment of the tax by means of the employer’s nonrecourse loan. The employer is permitted a noncash deduction in the same amount and at the same time, while the employees are required to include the compensation element of the restricted stock grant in income."
  - asabjorn 11y ago
    Ianal, but this might work. However, the irs might look at it as tax evasion if the loan was given at the same time as the election.
    - rdl 11y ago
      I would love to buy those lawyers a beer for being such great hackers, even if it's denied. But they said private letter rulings had been given...

rdl 11y ago

Yeah, but in an early company it shouldn't matter as much -- these guys are pre-409A so you could easily argue $500k corp valuation and thus the guy with 1% of the company has $5k of options to exercise. And in a later company you probably don't get 1%. It's probably in the $1k-50k to exercise options in most companies. A loan which is somehow forgivable for the stock seems like it could solve this; if the stock is worthless, return it instead of the loan. (I thought you can do that? But I guess you can't?)

rdl 11y ago
Wow, this is stupid tax crap, but there seems to be a workaround. http://www.ecjlaw.com/22505/ecj-viewpoints/taxing-matters/how-to-spice-up-restricted-stock/ http://www.ecjlaw.com/22505/ecj-viewpoints/taxing-matters/ho... "Here is how it works: The employer transfers the stock to the employees at no cost, and the employees make the Section 83(b) election to accelerate the taxable event to the date of transfer. That requires the employees to recognize ordinary income in an amount equal to the value of the stock and enables the employer to report an ordinary noncash deduction equal to the same amount. The employer then finances the employees’ income-tax liability with a nonrecourse loan to the employees (at today’s low interest rates) secured by the restricted stock. Since this doesn’t involve the financing of the employees’ purchase price of the stock, the restricted stock grant would be considered a “transfer” of the stock, thus closing the compensation element of the transaction upon transfer because the Section 83(b) election is made. This avoids the tax uncertainty created by financing the actual stock acquisition with a nonrecourse loan and the requirement of a substantial cash down payment by the employees or, alternatively, a substantial portion of the acquisition note’s being recourse. Although employees must still pay the ordinary income tax incurred on the date of grant, they have deferred the payment of the tax by means of the employer’s nonrecourse loan. The employer is permitted a noncash deduction in the same amount and at the same time, while the employees are required to include the compensation element of the restricted stock grant in income."
- asabjorn 11y ago
  Ianal, but this might work. However, the irs might look at it as tax evasion if the loan was given at the same time as the election.
  - rdl 11y ago
    I would love to buy those lawyers a beer for being such great hackers, even if it's denied. But they said private letter rulings had been given...