Where can I find information about using stock to pay contractors?
March 28, 2003
Subject: question about stock
Date: Fri, 28 Feb 2003
I am trying to find information about using stock, in lieu of money, to pay contractors at our company. Do you know where I can find something about this?
Thank you for your help.
Date: Mon, 24 Mar 2003
I’m sorry I can’t give you a specific reference. There are books available on employee benefits from various publishers that can give you some information. There are also some web sites oriented to employers. You can save a lot of time if you consult with a tax advisor who is familiar with the area.
Here is a start. The two principal alternatives for compensating independent contractors are stock grants and non-qualified stock options. Assuming these items are fully vested, a stock grant is taxable to the contractor at the time of grant based on the fair market value of the stock; a non-qualified stock option is taxable on the date of exercise, based on the excess of the fair market value of the stock over the option price. The company receives corresponding tax deductions according to the amount taxable to the contractors. The taxable income should be reported to the contractors as non-employee compensation on Form 1099-MISC. Some states are now requiring withholding for compensation of non-resident contractors. (For example, a Nevada resident engineer works as an independent contractor on software development at a California business location. The California business should withhold California income taxes for the California-source income.)