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Subject:   Stock Grant Plan
Date:   Thu, 15 Jan 2004
From:   Susan

Hello Michael,

Our company gives employees stock grants as an incentive compensation. Employees pay no cash for the stock received. The stock is vested at a cumulative 5% each year. When the employee leaves the company, he/she needs to sell the stock back to the company. What is the tax treatment for this stock? Is this a non-qualified plan? Will the employee be taxed on FICA, FIT, FUTA, SUTA, and SIT? Please help. Thanks.

Susan

Answer

Date:   Mon, 02 Feb 2004

Hello Susan,

The stock grant results in ordinary (wages) income to the employees. The income is computed as the stock grant vests based on the fair market value on the vesting dates, unless the employee elects under Internal Revenue Code Section 83(b) within 30 days of receiving the grant to have the transaction considered completed on the date of grant, in which case all of the income will be taxable on that date. The income is subject to income and payroll taxes. Your employer should have given you information about these consequences.

Good luck!

Mike Gray

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IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.