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Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

1003.0. "Exercising stock options for a private company" by DECWET::CAREY () Fri Apr 26 1996 18:11

    
    Years ago I worked for a small software startup company.  Cash flow was
    a definite issue, and so I was paid partially in stock options.  
    
    It's now 10+ years later, my options are about to expire, and the
    company has grown to ~20 employees and ~$3 million in annual revenue. 
    Based on the value of the company, my options are worth about $60k. 
    However, as the company is still private, I don't see a mechanism to
    execute a buy/sell transaction to exercise my options and reap a
    financial windfall.
    
    Also, if I exercise my options (my option price is 1-cent), I was told
    that the company is required to report the roughly $60K dollar
    difference to the IRS as income to me (and hence a pretty hefty tax
    bite).  
    
    That's ok (not great, but ok) if ultimately I can sell the stock my
    cost basis would now be $60K, right?  I'm hesitant though because the
    company could still fail without going public or finding a buyer.  In
    this case, I figured to declare my stock worthless and take a loss
    (although it is my understanding that the IRS limits this to $3K/year).
    
    Question, is my logic here correct?  I'm not asking anyone to make a
    recommendation (although they are welcome ;^) as I have given very
    little about the company to go on, but I'm definitely interested in
    your opinions.  Thanks in advance.
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1003.1$60k according to whom?MKOTS3::LEVY_JMon Apr 29 1996 14:359
    re: .0
    
    >company has grown to ~20 employees and ~$3 million in annual revenue. 
    >Based on the value of the company, my options are worth about $60k. 
    >However, as the company is still private, I don't see a mechanism to
    
    In the absence of a market, how did you determine the options were
    worth $60k? Determining the value of a private company is a rather
    subjective task.
1003.22155::michaudJeff Michaud - ObjectBrokerMon Apr 29 1996 15:0329
>> company has grown to ~20 employees and ~$3 million in annual revenue. 
>> Based on the value of the company, my options are worth about $60k. 
>> However, as the company is still private, I don't see a mechanism to
>     In the absence of a market, how did you determine the options were
>     worth $60k? Determining the value of a private company is a rather
>     subjective task.

	I can't speak for the base noter, but I once bought stock in
	a private company (through someone who worked there, and
	because you had to be an employee to purchase it, it had to
	be issured as joint ownership) and then the friendship soured
	so I decided to sell out...

	What this company does is compute their stock price once per
	year.  That is the price I ended up getting for the shares
	when I sold it back to them (in my case it was a small loss so
	they were probably happy to buy it back).  My guess is .0's
	ex-company does the same thing.  However I don't believe a
	private company has any obligation to actually buy the stock
	back.  Back to my case, I had to write a letter to the board
	of directors asking them to buy it back.  The woman who handled
	the stock for the company was also a real pain in the you know
	what, and I think the only reason they did buy it back was to
	get me off there backs.

	Another possibility for .0 is to check to see if their options
	are transferable, and if so, may want to see if they can just
	sell the options back to the company or individuals that still
	work for the company.
1003.3How many shares?2155::michaudJeff Michaud - ObjectBrokerMon Apr 29 1996 15:1518
>     Also, if I exercise my options (my option price is 1-cent), I was told
>     that the company is required to report the roughly $60K dollar
>     difference to the IRS as income to me (and hence a pretty hefty tax bite)

	You probably want to check with an acccountant on this, or at
	least check IRS Pubs. 525 and 550.  Remember that Digital's
	ESPP is bascially considered options which we exercise (or the
	semi-annual "buy in" date) and the taxable events doesn't occur
	until you actually sell the stock (the "income" which is the diff.
	between the option price and the fair market value of the stock
	on the "buy in" date, and the other event being any capital
	gain or loss left over).

	Assuming there is no taxable event to simply exercise your
	options, and while you didn't say how many shares your
	options are worth, or what the share price is, my guess is
	it's a tiny sum to exercise the options, and that would be
	your best bet.
1003.4AIAG::WEISSMANTue Apr 30 1996 16:4113
It depends on the kind of options - qualified,
non-qualified, incentive, etc.  Some of them
have taxable consequences when you excercise and
some don't.  If the options are the kind that
have a taxable consequence when you exercise them,
then yes, you will have to pay tax on the paper
gain and you will not be able to sell the stock
and realize that gain until the stock becomes
publicly traded or you can find a buyer for the
private stock (assuming the laws/rules allow you
to sell it privately).  The amount that you 
pay tax on now will become the cost basis of the
stock when you are eventually able to sell it.
1003.5Thanks for the info!DECWET::CAREYMon May 06 1996 17:5420
    
    RE .1:  The value of the company was computed based on revenue, assets,
    etc.  A better way to state my options might be to say that I have the
    option to buy 5% of the company.  Still, I realize that this renders
    such a "worth" very subjective.
    
    RE .2:  I don't know if the options are transferable.  I'll look into
    that.
    
    RE .3-4:  I don't know what type of options they are, but I am supposed
    to be receiving a letter shortly outlining my options and possible
    courses of action.
    
    For those of you who might be saying, "wow, this guy sure don't know
    much" ;^), I never really counted on these options.  This job was my
    first in the "computing industry", and so I was just happy to be
    programming and getting paid for it :-).  So this whole scenario is a
    potential bonus.  
    
    I'll update you all once I know more.  Thanks again for the info.