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Friday, December 24, 2010

Restricted Stock and Restricted Stock Units - Snapshot

There are many forms of equity compensation. Restricted Stock and Restricted Stock Units are one of the many ways of rewarding the employees. Restricted stock and restricted stock unit (RSU) awards, alternatives to stock options, are an increasingly popular form of employee compensation.

Reproduced below is a snapshot of the same:

Restricted  Stock
Restricted  Stock Unit
Actual stock issued at grant, subject to vesting restrictions
A unit has value equivalent to one share of common stock, but no shares are issued at time of grant
Upon issuance, stock typically held in escrow, custodial, book entry or electronic accounts until vested
At release the units are converted into common stock
Stock released to employees at vest
Shares are issued at release — providing opportunity to defer income taxation by deferring the release date and receipt of the underlying stock
Typically entitled to voting and dividend rights
No voting rights, No dividends, but company may elect to pay dividend
Equivalents
Eligible for Section 83(b) elections
Not eligible for Section 83(b) election


Comparison of tax treatment of Restricted Stock to Units

Event
Restricted  Stock
Restricted  Stock Unit
Grant
Not taxable at grant unless
Section 83(b) election is filed
A unit has value equivalent to one share of common stock, but no shares are issued at time of grant
Vest
Income and FICA taxation on
current value
FIC A taxation on current value
Release
No taxable income
Income taxation on current value
Sale
Capital gain/loss
Capital gain/loss

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