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Financial Planning: Year-End Planning

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Top Ideas For Year-End Tax Planning With Stock Compensation (Part 1)

The myStockOptions.com Editorial Team & Contributors

The American Taxpayer Relief Act (ATRA) and the Affordable Care Act have a significant impact on year-end planning in 2013, particularly for individuals with annual income of $200,000 or more. While joint filers making over $450,000 per year in taxable income will be hardest hit by ATRA, they are not the only people who will be affected by the changes in tax law.

Tax planning is now more important than ever. Multi-year planning is especially valuable with equity compensation, as you can control the timing of stock sales and option exercises, and you know when restricted stock/RSUs will vest.

Even if your taxes have increased or are likely to increase in the future, many experts say tax rates should never be the only reason for exercising options or selling shares at the end of the year. As part of your year-end and year-beginning tax planning, review your stock options and company stock holdings. Make investment objectives and personal financial needs, not tax considerations, the driver of your decisions. With that foreword, this article presents some tax-planning ideas to review before the end of the year.

Editor's Note: See also two related FAQs for ideas on exercising stock options and on selling company stock at the end of 2013. In addition, other articles discuss year-end planning specifically for restricted stock and RSUs and employee stock purchase plans.
Alert: If you are tempted to sell appreciated stock before the end of the year, you may also be concerned about the wash sale rule. However, the rule applies only to stock sold at a loss. This means you can sell the stock at a gain and quickly repurchase without wash sale problems.

1. Impact of recent tax legislation on rates. While keeping federal income tax rates the same for most people, ATRA and the health-care law significantly raised tax rates on ordinary income and capital gains for people with high incomes.

  1. Ordinary income is now subject to a top tax rate of 39.6%, versus 35% before 2013. This rate applies to single filers with yearly taxable income of more than $400,000 and joint filers with yearly taxable income of more than $450,000.
  2. Long-term capital gains (and qualified dividends) now have a top tax rate of 20%, up from 15% before 2013. This also affects single filers with yearly taxable income of more than $400,000 and joint filers with yearly taxable income of more than $450,000.
  3. The Medicare tax has increased from 1.45% to 2.35% for single filers with yearly taxable compensation income of more than $200,000 and joint filers with yearly taxable compensation income of more than $250,000.
  4. The Medicare surtax places a 3.8% tax on the lesser of an individual's total net investment income or modified adjusted gross income above $200,000 for single filers, or $250,000 for joint filers.
  5. Taxpayers with an adjusted gross income of $250,000 (single) and $300,000 (joint) will be subject to the phase-out of itemized deductions and personal exemptions.

Tax rate Yearly income threshold
Top ordinary income rate (39.6%) Taxable income of $400,000 (single) or $450,000 (joint)
Top capital gains rate (20%) Taxable income of $400,000 (single) or $450,000 (joint)
Medicare surtax on investment income (3.8%) Modified adjusted gross income of $200,000 (single) or $250,000 (joint)
Additional Medicare tax on earned income (0.9%) Earned income of $200,000 (single) or $250,000 (joint)
Phaseout of itemized deductions and personal exemptions Adjusted gross income of $250,000 (single) or $300,000 (joint)

Tax planning is now more important than ever. Whenever you are considering exercising stock options or selling stock at year-end, you want to consider the thresholds that trigger higher tax rates. In general, you want to keep your yearly income under the thresholds for higher tax rates and plan to recognize income at times when your yearly income and tax rates may, according to your projections, be lower.

Alert: Multi-year planning is especially valuable with equity compensation, as you can control the timing of stock sales and option exercises, and you know when restricted stock/RSUs will vest.

2. Consider the time value of tax money on an NQSO exercise. It usually makes sense to avoid accelerating income (and the related taxes) into the current year. If you were planning to exercise nonqualified stock options (NQSOs) in 2014 or 2015, you want to see if this traditional strategy of deferring income to future years still applies in 2013, given the thresholds for higher tax rates outlined above and your own multi-year planning.

Delaying Exercises To January

By law, your company must withhold at least the applicable flat rate of federal income tax on the exercise of your nonqualified stock options. You can develop a tax-deferral strategy when the flat rate is less than your marginal tax rate. Waiting to exercise nonqualified stock options (NQSOs) from December of this year to January of next year may let you invest the funds that will be used to pay some of the tax for almost an additional year.

Given the thresholds for higher tax rates, and considering your own multi-year planning, you want to see whether the traditional strategy of deferring income to future years still applies.

The rate for withholding supplemental income tax, including income from NQSO exercises and restricted stock vesting, is normally 25% (but rises to 39.6% for yearly supplemental income over $1 million). In a December exercise, at the end of the tax year, the additional tax will be due soon afterward, as you must file your tax return for that year before the middle of April. But in a January exercise, at the start of the tax year, payment of the additional tax can be deferred for 15 months, as late as the April of the following year. For those who are in the 35% tax bracket this year and are fortunate enough to expect $1 million in supplemental income early next year, the advantage of waiting to exercise is lost.

Estimated Taxes

If income from your exercise will be subject to tax at a higher rate, but your total withholdings will equal or exceed one of the estimated tax safe harbors—either 90% of the current year's tax liability or 100% of the prior year's liability (110% if your adjusted gross income for the prior year was over $150,000)—the excess tax needs to be paid only when your return is due in April.

If you are not yet within an estimated tax safe harbor, consider asking your employer to withhold extra taxes from your regular paycheck to cover the shortfall at exercise (or restricted stock vesting). The IRS also credits withholding taxes as if they were withheld equally throughout the year. This can retroactively remedy tax underpayments from earlier in the year and avoid a potential underpayment penalty.


Project your income from equity awards to see whether it will trigger the new Medicare surtax on investment income and the 0.9% additional Medicare tax on compensation income.

3. Remember the additional Medicare tax. In 2013, the Medicare tax rate rose to 2.35% for single taxpayers with incomes over $200,000 and joint filers with incomes over $250,000. The tax increase applies to income from the exercise of NQSOs or the vesting of restricted stock/RSUs. In addition, for people above this income threshold, starting in 2013 a 3.8% Medicare surtax applies to investment income, such as dividend income and the capital gains from stock sales. By contrast with the income thresholds for some other taxes, these are not indexed for inflation.

If your income will trigger the surtax next year (but not this year), and if you have company stock you intend to sell soon, you may want to consider selling in 2013 rather than 2014 to avoid the additional 3.8% tax. For example, if you have incentive stock options, hold ISO stock, and have plans to sell the shares after one year, you may want to evaluate the impact of the current top capital gains rate, along with the new Medicare tax on investment income. This may lead you to lower taxes by selling the shares in 2013.

Alert: The 3.8% surtax does not apply to income from stock option exercises, restricted stock/RSU vesting, or the purchase of ESPP shares. It applies only to the gains from selling shares that have been held. However, income from exercise/vesting/purchase will increase your adjusted gross income. You may want to project your income from equity awards to see whether it will trigger the new Medicare surtax on investment income and the 0.9% additional Medicare tax on compensation income. Depending on your projections, exercising NQSOs in 2013 that you planned to exercise in the next few years may avoid both higher potential ordinary income tax rates and these Medicare taxes.
Example: You and your spouse expect to have modified adjusted gross income (MAGI) of $175,000 in 2013 and $250,000 in 2014. This includes about $40,000 per year in dividends and capital gains, which are not subject to the 3.8% Medicare surtax in 2013 because your MAGI is below the $250,000 threshold. However, if you exercise NQSOs in 2014 and recognize ordinary income of $50,000, this additional amount will push your MAGI above the $250,000 threshold. You will then have to pay the 3.8% tax on the $40,000 in investment income, along with potentially higher ordinary income rates. The extra $50,000 of income will not trigger these taxes if you exercise in 2013, as your MAGI for the year will still be under $250,000.

4. Calculate the alternative minimum tax (AMT) when deciding when to exercise ISOs and NQSOs. If you are considering exercising incentive stock options (ISOs) before the end of the year and holding the stock, make sure you or your tax advisor first prepares an AMT projection to see whether a tax benefit may arise from waiting until January of the following year. ATRA brought some welcome certainty to AMT planning, as the inflation-adjusted AMT patch is now a permanent part of the tax code (for details on this and other AMT-related changes under ATRA, see the FAQ on that topic).

If you also have NQSOs and are thinking about exercising them early in the following year, for two reasons a tax projection can help you decide whether an overall tax saving will result from exercising those NQSOs this year. First, your AMT from your ISO exercises might be so high that you can exercise NQSOs this year and essentially not pay any tax on the spread. This is because your ordinary tax may remain lower than your AMT, and the government gets the higher amount.

Second, exercising NQSOs before year-end might get you out of paying AMT and dealing with its complexities. Although the exercise of NQSOs generates regular taxable income, this might reduce your exposure to AMT by potentially making your regular tax higher than AMT.


Next Article

Part 2 in this article series presents more ideas for year-end planning with stock compensation and company stock, including further points related to ISOs and the AMT, along with ideas on gifts, donations, and capital gains.


This article was originally written by a former partner of a major accounting firm, where he was the National Director of Personal Income Tax and Retirement Planning. The staff of myStockOptions.com have since updated and expanded it. This article was published solely for its content and quality. Neither the author nor his former firm compensated us in exchange for its publication.


People who read this article also read:
Year-End Strategies For Restricted Stock: Ideas To Consider
Top Ideas For Year-End Tax Planning With Stock Compensation (Part 2)
The ISO Tax Trap And The AMT Credit Myth: What To Do Before Exercise And At Year-End
Year-End Strategies For Employee Stock Purchase Plans: Ideas To Consider
Stockbrokers' Secrets: Year-End Planning For NQSOs, Restricted Stock, And RSUs