Tech Employee Stock Benefits Could Bite Back at Tax Time, Advisors Say (2024)

Tech stocks have been booming—but employees who are compensated in company shares may want to consider how their gains could impact their tax bill.

Key Takeaways

  • Nvidia shares are trading more than 200% higher than when the year began, one of several Big Tech companies with jumps in share prices.
  • Tech firms often give their workers Restricted Stock Units, a benefit that could pay off big time this year for these employees.
  • The tax implications of RSUs often catch these workers by surprise, sometimes even putting them in higher tax brackets.

Shares of Nvidia (NVDA) are trading 200% higher than at the start of the year, while Amazon's (AMZN) up about 55%, Apple (AAPL) has gained 47%, and Microsoft (MSFT) has moved 44% higher, among other tech stock gains this year. Employees who received Restricted Stock Units (RSUs) that will vest this year as a part of their compensation package are seeing huge gains as a result—but may be surprised by a bigger tax bill next year.

“Often the amount of withholding is not enough, especially when prices run up, so it comes tax time and you find out, ‘Hey, I’m in the highest tax bracket possible, and my withholding is for 20% or 25%, and now I have to write a big check,'” said David Amann, a Redwood City, Calif.-based financial advisor with Edward Jones who serves clients in the tech industry.

Tech Employee Stock Benefits Could Bite Back at Tax Time, Advisors Say (1)

Taxes on RSUs are Simple, But Can Surprise

RSUs are one way that companies, especially tech firms, pay their employees with stock, whether at hiring, as part of a performance bonus, or with an annual compensation package.

Like in some other employee-benefit programs, the employee won’t take ownership of the stock until it is vested after a certain period of time. Typically, vesting schedules are for four years, with a quarter of the shares vested after each year.

As far as their tax treatment, RSUs are fairly simple. The shares are treated as “ordinary income,” the same as a cash bonus based on the value of the shares on the day they are vested.

But with many tech stocks soaring, employees of firms like Nvidia, Microsoft and Apple may be underestimating the taxes owed on this type of employee stock benefit.

Two things often happen, Amann said. First, an employee fails to account for withholding on the RSU, which can amount to 20% or more in tax obligation of the award’s value. But what can be more surprising for employees is when the value of the RSUs pushes them into a higher tax bracket, requiring an even greater amount of overall tax obligation than they had prepared.

Ashley Francis, a Seattle-based tax planning and financial advisor at the Francis Group, suggested financial advisors with clients at tech firms reach out to them now before tax season reveals that their clients weren’t properly prepared.

“RSU vesting throughout this year is going to have a wild impact on the final 2023 tax bill,” Francis wrote on Twitter. “Maybe a good idea to reach out and start having discussions now before some unhappy discussions later.”

How to Treat RSUs Depends on Long-Term Goals

How tech employees want to treat their RSUs when the vest is best determined by their overall financial goals, Amann said, since it is similar to a cash bonus. If employees hold the shares, any gains made on the stock are taxed for capital gains.

“The mistake most people make with RSUs is they don’t realize they are taxed immediately on it,” Amann said. “Is this going to be used for a new home or is it going to be used for your retirement? That will affect your decision on when to sell and how to sell.”

Beyond the tax implications, Amann also said any company employee may want to consider selling RSU shares to diversify their portfolio in order to protect against any sudden downturn in stock.

Make Simple Adjustments if They Are Available

Most RSU plans account for federal tax withholding, usually 22%, but between the significant gain in share prices of the stocks, on top of significant salaries, many tech employees find themselves in the 32% tax bracket, said Joey Loss, financial planner for Flow Financial.

“This gap can create a big surprise tax bill at the end of the year, plus potential penalties for late payment,” Loss said.

Some companies allow supplemental withholding on stock vests, like Google (GOOGL) and Meta (META), where employees can adjust the withholding over the typical 22% amount, said Rachel Elson, a financial advisor for Perigon Wealth Management.

“At minimum, do some calculations yourself,” she said. “Sell enough to cover that extra tax bill, and stash the cash in high-yield savings.”

Tech Employee Stock Benefits Could Bite Back at Tax Time, Advisors Say (2024)

FAQs

Tech Employee Stock Benefits Could Bite Back at Tax Time, Advisors Say? ›

Most RSU

RSU
A restricted stock unit (RSU) is a form of stock-based compensation used to reward employees. Restricted stock units will vest at some point in the future and, unlike stock options, will have some value upon vesting unless the underlying company stock becomes worthless.
https://www.investopedia.com › articles › financial-advisors
plans account for federal tax withholding, usually 22%, but between the significant gain in share prices of the stocks, on top of significant salaries, many tech employees find themselves in the 32% tax bracket, said Joey Loss, financial planner for Flow Financial.

What is the 2 year rule for ESPP? ›

In this situation, you sell your ESPP shares more than one year after purchasing them, but less than two years after the offering date. This is a disqualifying disposition because you sold the stock less than two years after the offering (grant) date.

How do I avoid double tax on ESPP? ›

They can only report the unadjusted basis — what the employee actually paid. To avoid double taxation, the employee must use Form 8949. The information needed to make this adjustment will probably be in supplemental materials that come with your 1099-B.

How do I report ESPP on my tax return? ›

Form W-2 Your W-2 includes the taxable income from your ESPP. This form is provided by your employer. Form 3922 Form 3922 has details about your ESPP purchase that will help you report the income from your sales of ESPP stock. This form is provided by your employer.

Does ESPP reduce taxable income? ›

When you buy stock under an employee stock purchase plan (ESPP), the income isn't taxable at the time you buy it. You'll recognize the income and pay tax on it when you sell the stock. When you sell the stock, the income can be either ordinary or capital gain.

How does 2 year lookback ESPP work? ›

ESPP lookback allows you to buy shares at a lower price point. An ESPP lookback allows you to purchase the share price of either A: the enrollment date (1 Jan) or B: the purchase date (30 Jun), whichever is lower.

What happens to ESPP money if you quit? ›

The company will no longer purchase shares on your behalf after your termination date. Any deductions the company made from your pay that have not yet been used to purchase company stock will be returned to you within a reasonable period.

Should you sell ESPP immediately? ›

That said, the short answer is that you probably should sell your ESPP shares immediately after purchase. If you're new to ESPPs, we suggest that you acquaint yourself with ESPP Basics. You may also find it helpful to read our thoughts on how much you should contribute to your ESPP.

How much tax will I pay on ESPP? ›

If your ESPP stock is sold 12 months or less after the purchase date, any appreciation beyond the discount will be taxed as a short-term capital gain, subject to ordinary income tax rates ranging from 0% to 37% federal.

How to handle ESPP on taxes? ›

ESPP Tax Rules for Qualifying Dispositions

The ESPP tax rules require you to pay ordinary income tax on the lesser of: The discount offered based on the offering date price, or. The gain calculated using the actual purchase price and the final sale price.

Does ESPP count as income? ›

In general, you will be taxed on any stock you purchase through an ESPP during the year you sell it. It can be counted either as taxable income or as a deductible loss. The difference between what you paid for the stock and what you received when you sell it is considered a capital gain or loss.

Are ESPPs worth it? ›

Benefits of ESPP for employers

An ESPP can potentially build an individual financial wealth, which makes your company more attractive when bringing top talent on board. It could help to land that ideal candidate by giving them something no one else can offer – a stake in your company.

How long should I hold ESPP shares? ›

To get a favorable tax treatment, you have to hold the shares purchased under a Section 423 plan at least one year after the purchase date, and two years after the grant date.

What to do with an employee stock purchase plan? ›

An employee stock purchase plan (ESPP) allows employees to contribute a portion of their after-tax earnings toward an account that purchases company stock, often at a discount. Employees can then choose to sell that stock whenever it will be financially beneficial for them.

How long do you have to wait to sell ESPP shares? ›

Employees can generally sell shares purchased through the employee stock purchase plan at any time.

Can I sell ESPP immediately or hold? ›

Can I Sell ESPP Stock Right Away? Yes, you can sell stock purchased through your ESPP plan immediately if you want to guarantee that you profit from your discount. Otherwise, the value of the stock may go up, which increases your profit, or it may go down, causing you to lose money.

How long do you need to hold ESPP stock? ›

Qualified vs.

The primary distinction lies in the tax implications for participants. Qualified ESPPs follow specific IRS guidelines that allow employees to defer taxes as long as they hold onto their shares for a specific period. These so-called “holding periods” generally last at least one year.

How long do you have to hold ESPP for capital gains? ›

If your ESPP stock is sold more than 12 months after the purchase date, any appreciation beyond the discount will be taxed as a long-term capital gain.

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