Tax implications of employee stock options canada

Tax implications of employee stock options canada

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Taxation of Stock Options for Employees in Canada

Fairness is in the eyes of the beholder. Kerviel was fired, but he claimed the bank was being unfair. There is one situation that has come up over and over again, however, where Canadian taxpayers have cried foul but the taxman has refused to call the tax system unfair. A recent court decision sided with the taxman once again over the issue, and Canadians need to take heed. The fact is, this exercise of your options is going to trigger some tax.

This will be taxable to you, not as a capital gain, but as employment income. Most stock option plans in Canada are structured to take advantage of a stock option deduction equal to 50 per cent of the taxable benefit. Where are you going to get the money to pay your tax bill? The loss is considered to be a capital loss, whereas the taxable income was considered to be employment income.

tax implications of employee stock options canada

Capital losses can be applied against capital gains, but not generally other types of income. There have been a few court cases in the past on this issue.

Payroll and workforce tax efficiency related to growth

Bing Zhu, a Canadian taxpayer, was the most recent casualty of the courts see Bing Zhu v. The Queen, TCC Zhu had acquired , shares in his employer, Canadian Solar Inc. CSI and in September, , exercised his options and acquired 53, shares in his employer. He tried to argue that his losses were not capital losses, but regular business losses, in an attempt to have his losses applied against his employment income.

The court ruled against him.

Even though it may not be fair to Mr. Zhu, the court had no authority to give relief based on an argument of fairness. To avoid the fate of Mr. Zhu and so many others, consider selling any shares acquired under a stock option plan as soon as possible.

As a minimum, sell enough shares to raise the cash to pay your taxes. Tim Cestnick is managing director of Advanced Wealth Planning, Scotiabank Global Wealth Management, and founder of WaterStreet Family Offices. Follow us on Twitter: Tax Matters Child-care costs can save you tax, now more than ever.

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Taxation of Stock Options for Employees in Canada

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tax implications of employee stock options canada

Globe Investor is part of The Globe and Mail's Report on Business. Selected data supplied by Thomson Reuters. Tax Matters Stock options can leave you with a nasty tax bill Add to Comments Share via email Share on facebook Share on twitter Share on LinkedIn Print. Exchange-traded funds work in different ways depending on whether you put them in an RRSP, TFSA or non-registered account The Globe and Mail PORTFOLIO STRATEGY This primer will help you be a tax-smart ETF investor.

What happens if you've missed the RRSP deadline? The Globe and Mail Video Video: How does making an RRSP contribution lower your tax bill? More Related to this Story Tax Matters Child-care costs can save you tax, now more than ever TAX MATTERS Claiming a loss? Tax ruling offers important lesson TAX MATTERS How a kind gesture on your part can actually lead to a tax hit.

Incentive Stock Options And How They Affect Your Tax Obligations

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tax implications of employee stock options canada

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