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Re:Guide to Your Equity by ChuckMcM on Friday October 09, 2015 @04:07PM (#10362941)
I agree with this, but it is worse than you make it out to be. If the options have increased in paper value since they were issued, which is to say the current strike price of newly issued options is higher than your strike price. You MUST pay US income tax on this "gain" because, according to the IRS, you could turn around and sell your stock at the current price and get cash for it.

The craziness is that you cannot actually do that. But you pay the tax anyway, and if they company goes away, or has an exit where the common stock gets no value, you can record the "loss" $3,000 a year until you have used it up.

So worst case is your out both the exercise money and the tax money. Wham wham!

Re:Guide to Your Equity by angersock on Friday October 09, 2015 @04:10PM (#10362967)
This is typically where the 83b elections come in, right?

Also, has anyone ever had trouble with the "speculatively execute one option buy a share to get access to the books for a sanity check" thing? That's normal practice, right?

Re:Guide to Your Equity by jdawe on Friday October 09, 2015 @05:02PM (#10363255)
In my experience common stock (i.e. what your options buy you) has no "information rights", so the company does not have to disclose financials to you. Additionally, even if you were offered the chance to buy preferred shares (what investors buy in a Series A, B, etc.), which ordinarily do carry information rights, there is usually a provision that prevents stockholders with paltry participation in those rounds (e.g. buying a single share) from enjoying information rights.

It's an extremely risky situation to be an employee stockholder. You are at the mercy of the founders, board, and investors. Usually founders also hold common stock, so that is somewhat reassuring, since they're in the same boat as employees from that perspective. However--and not saying this happens often--there is nothing preventing founders from being given the option, say in an acquisition or financing round, to cash out while employees are stuck without liquidity.

Re:Guide to Your Equity by hesdeadjim on Friday October 09, 2015 @04:15PM (#10362995)
I would absolutely do this if I find myself in a position where I am accepting ISOs again. Not doing so left me completely out of the loop in regards to company direction, how much the owners were paying themselves in dividends, or potential buyout options.
Re:Guide to Your Equity by gohrt on Friday October 09, 2015 @05:30PM (#10363386)
How do you lose the tax money? As you said: you can record the "loss" $3,000 a year until you have used it
Re:Guide to Your Equity by ChuckMcM on Friday October 09, 2015 @05:54PM (#10363487)
note: I'm not a tax professional and can't give tax advice. My experience with AMT is you can only get back the value of the stock that became worthless, not the money you paid in taxes when you exercised it.