Beware Of Strategies To Take Advantage Of Lower Social Security Tax Rates
Newest myStockOptions.com blog http://mystockoptions.typepad.com/blog looks at what you might have thought was a tax loophole in the lower 4.2% Social Security rate.
On the possibility that the 2% cut will not be extended beyond February, employees may think if they exercise nonqualified stock options before March they will save some money by getting the lower 4.2% Social Security rate rather than the normal 6.2% rate. For similar reasons, they may be considering a Section 83(b) election to be taxed at grant on restricted stock that will be awarded in early February. Alternatively, your company may rush in certifying and delivering performance shares after a 12/31/2011 cycle end, believing it is providing a tax benefit to executives by doing this before the rate could go up. However, Congress actually foresaw this potential abuse and covered it in the short-term rate extension, as explained in the blog.
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