464 karma · joined October 18, 2016
https://rsmus.com/what-we-do/services/tax/state-and-local-ta...
> Vesting has the unique property that before it occurs the shares are not yours and after it occurs, they clearly are (and can't be clawed back).
That's not correct. You're vesting 'options' i.e. the option to purchase shares at a certain price. Not shares. Even once you buy the options they are not easily liquidated.
> Nothing stops you from offering it. It's up to the potential employee to accept it, weighing the possible tax liability.
If it makes zero financial sense to anyone why would you offer it?
> In the vast majority of cases startup equity isn't worth the paper it's printed on. Paying their employee bonuses with cash would be a net win for their employees. The "losers" in this situation are established companies that arguably are already in a good position to pay out bonuses in cash (or at least include a cash component to cover taxes).
No, the losers in this situation are early stage startups, and employees who want to work at those companies and get rewarded in the potential upside. At an early stage startup there is no 'cash' to pay bonuses. Even if there was cash, equity comp is incredibly more valuable in a company that sees any kind of success. Clearly you're bearish on equity based comp, so be it, but it has been my experience that equity is the primary avenue people see any financial success in tech.
If any semblance of this gets passed into law, and it effects ISOs, I think it'll be the end of Silicon Valley as we know it.
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