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Re: [RT] Tech workers upset that they owe taxes on underwater options



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Here's a couple of more stories on this phenomena that may provide a 
clearer picture.  Whether the law is unfair or not isn't the issue 
(hey, the whole tax code is full of unfairness, loopholes and 
inequities).  And yes, the tax code in the USA is used for social 
engineering, so we don't want to go there either.  If you're going to 
play then it's your RESPONSIBILTY to understand all the rules and 
possible consequences of your actions.  No one forced anyone to 
exercise their options.  They could have let them.  Ignorance or pie-
in-the-sky enthusiasm is no excuse for a bail-out.

JW

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http://www.thestandard.com/article/0,1902,21902,00.html
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http://www.thestreet.com/funds/investing/1347188.html
Blame It on the AMT
By Jamie Heller 
Editor-At-Large
3/15/01 6:24 PM ET  

Consumer confidence, energy prices, Japan, Dick Cheney's heart 
condition. Everyone's got a favorite explanation for the market's 
recalcitrance. 

But there's another possible factor: the alternative minimum tax. 

As many New Economy-type employees have learned, this nasty tax can 
kick in if you exercise incentive stock options. Many exercisers sold 
their company stock last year as a way to avoid the AMT. But if, per 
chance, they didn't, they might be scrambling now to raise cash by 
April 15. This AMT action can only put another weight on this already 
overloaded market. 

Here's how it works. The AMT is a taxing scheme that was meant to 
ensure that high-income folks don't avoid taxes through deductions 
and credits. They need to calculate their tax both the regular way 
and under AMT; if AMT's higher, that's what they pay. 

Exercising incentive stock options is a way to get catapulted into 
AMT land. The AMT applies to the difference between your exercise 
price and the price of the stock the day you exercised. So if you 
exercised at $5 on a day the stock was at $100, your AMT liability is 
$95 -- at a tax rate of up to 28%. It wouldn't be the worst thing if, 
down the line, the stock ended up trading at, say, $150. But since 
many stocks moved in precisely the opposite direction last year, 
folks found themselves with a whopping AMT liability and little if 
any paper gain to show for it. 

To avoid the tax, year-2000 exercisers had to sell by Dec. 31 and pay 
ordinary income rates on whatever gain they could eke out (ordinary 
rather than long-term capital gains rates because a year hadn't 
elapsed since exercise). In our example, if the stock went down to 
$7, the gain would be $2, taxed at ordinary income rates. But at 
least it wouldn't be $95. 

Feel bad for those sellers? It can be a lot worse for people who 
didn't get or follow good tax advice last year, or who decided to 
gamble on upward market momentum and didn't sell. They're now staring 
down AMT liability and can't avoid it by selling. They simply have to 
raise the money to pay the tax. If they worked at an eToys 
(ETYS:Nasdaq - news), with now worthless shares, that means turning 
to other assets or borrowing to cover what could be an enormous 
liability. 

It's happening to clients of Bill Fleming at 
PricewaterhouseCoopers. "Not everybody hit the tank in October, 
November and December of last year," Fleming says. "They knowingly 
went into AMT. They took the chance that ... the stock would 
rebound." It didn't. Now some of those clients are facing AMT spreads 
of $30 to $40 on stock prices of $1 or $2. They're selling even 
though they're still within a one-year holding period and will have 
to pay ordinary income tax rates on any gain. Still, Fleming suspects 
such sales are not a cause of the market downturn, but merely an 
effect. 

Martin Nissenbaum, director of income tax planning at Ernst & Young, 
also can't gauge the market impact. But he can speculate on what the 
most dire cases spell for AMT-strapped individuals. "Some of those 
employees could very well be bankrupt as a result."  



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