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ARTICLE · 26 JUNE 2014

Playing With Fire: Loans To Exercise Options

There is a current debate as to whether we are in a period of high valuations, irrational exuberance or a down-right bubble.

United StatesCorporate/Commercial Law

There is a current debate as to whether we are in a period of high valuations, irrational exuberance or a down-right bubble. I don't know, but I have seen one artifact from the actual bubble rear its ugly head in recent times: the use of loans to exercise stock options. In short, it is an extraordinarily dangerous thing to do with potentially very damaging consequences.

The Basics

Currently, the federal long term capital gains rate is capped at 20 percent and the income tax rate for top earners is 39 percent. In general, individuals who sell shares that have been held for at least one year are taxed at the lower cap gains rate, while those who sell shares that have been held for less than a year are taxed at the higher income tax rate. This means if your clients receive a stock option and don't exercise it in advance, they will be taxed at a rate that is 20 percent higher. Accordingly, for startup employees there can be a big tax benefit to purchasing shares

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