Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #2  
Old 11-09-2005, 04:57 PM
Ted
Guest
 
Posts: n/a
Default Re: wages versus stock redemption

"Steve Finn" <ironheadjones[at]verizon.net> wrote:
- quote -

> Ted" <Ted[at]ixmil.com> wrote:

> > A company in which I am an minority owner owes me severance
> > pay. They are proposing to redeem my stock at an above fair
> > price if I will forgo the severance pay. It will work out
> > even for me. I suppose they have their reasons.


> It seems to me it works out better for you. Long term
> capital gain on the stock redemption versus ordinary income
> on the severance payout. The section 302 tests seem to be
> met in this case.


No, they propose paying me less than they would if they did
it properly, and letting the reduction in taxes make up the
difference. I googled on 302 tests and didn't come up with
much. Whats that about?

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #1  
Old 11-09-2005, 04:01 AM
Steve Finn
Guest
 
Posts: n/a
Default Re: wages versus stock redemption

Ted" <Ted[at]ixmil.com> wrote:

- quote -

> A company in which I am an minority owner owes me severance
> pay. They are proposing to redeem my stock at an above fair
> price if I will forgo the severance pay. It will work out
> even for me. I suppose they have their reasons.


It seems to me it works out better for you. Long term
capital gain on the stock redemption versus ordinary income
on the severance payout. The section 302 tests seem to be
met in this case.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 11-09-2005, 04:01 AM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: wages versus stock redemption

Ted <Ted[at]ixmil.com> wrote:

- quote -

> A company in which I am an minority owner owes me severance
> pay. They are proposing to redeem my stock at an above fair
> price if I will forgo the severance pay. It will work out
> even for me. I suppose they have their reasons.
> Would this be acceptable to the IRS? I know the IRS will
> claim that payments to owners are actually dividends rather
> than wages; so it is hard to see them complaining about what
> is essentially the opposite. And if it is not acceptable,
> would they go after the company or me? Last thing in the
> world I need is tax problems.


Does it work out even for you before or after taxes? The
stock sale is capital gains (long-term?). The severance pay
would be deductible by the company.

Seth

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 11-04-2005, 03:50 AM
Ted
Guest
 
Posts: n/a
Default wages versus stock redemption

A company in which I am an minority owner owes me severance
pay. They are proposing to redeem my stock at an above fair
price if I will forgo the severance pay. It will work out
even for me. I suppose they have their reasons.

Would this be acceptable to the IRS? I know the IRS will
claim that payments to owners are actually dividends rather
than wages; so it is hard to see them complaining about what
is essentially the opposite. And if it is not acceptable,
would they go after the company or me? Last thing in the
world I need is tax problems.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

Tags
redemption, stock, versus, wages
Similar Threads
Thread Forum Replies Last Post
redemption fees
vasicrj@yahoo.com: How should I record redemption fees? Remove shares? sell? how do you record these transactions?
Microsoft Money 3 01-10-2007 07:06 PM
MUTUAL FUND REDEMPTION
atlantic965: I have $4000 saved in my Mutual Fund which was rolled over from a 401k from my former employer. I need to withdraw $1000 to pay for some dental...
Taxes 10 01-12-2005 10:15 PM
ETF redemption tax consequences
barno: Question, I purchased a significant position in an ETF (DIA) about 18 months ago as a temporary position. Anyway, I now have a significant...
Taxes 3 07-31-2004 05:32 AM
Disproportionate redemption question
LadyAccountant: Brenda owns 600 shares of Eagle Corporation stock at a time when Eagle has 1000 shares of stock outstanding. The remaining shreholders are...
Taxes 7 07-21-2004 05:39 AM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 02:50 PM.