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This just in:
IRS Issues Guidance
on Employee Election to Defer Income from Qualified Equity Grants: In a recent Notice and News Release, the
IRS provides guidance on the new election allowing employees to defer income
from qualifying equity grants under IRC Sec. 83(i), added by the Tax Cuts and
Jobs Act. Among the many eligibility and qualification requirements, the
corporation must have a written plan under which not less than 80% of all
employees who provide services to the corporation in the U.S. are granted stock
options or Restricted Stock Units (RSUs) with the same rights and privileges to
receive qualified stock. The Notice provides that the satisfaction of this 80%
requirement is determined on a calendar-year basis. The Notice also requires
that employers must make an estimate of the value of the stock treated as wages
paid and make timely income tax withholding deposits on that estimate, and
employees must agree that the deferral stock be deposited into escrow to ensure
the withholding requirements are met. Notice 2018-97 and News Release IR
2018-246
The more I know the more I don’t know.