Chapter 38 RESTRICTED STOCK PLAN LEARNING OBJECTIVES: A. Discuss key factors related to restricted stock plans REVIEW: This chapter covers restricted stock compensation plans. The focus on when such a plan would be used is for employee retention and discouraging certain types of employee conduct. Advantages and disadvantages are discussed, with special mention of S corporation considerations. Following this, there is a section about what can be accomplished with restrictions on stock that highlights employee retention, discouraging misconduct, and incentives. The section on tax implications targets the Section 83 election and substantial vesting requirements. Following a reference for learning more, there is a short question and answer section. CHAPTER OUTLINE: A. B. C. D. E. F. G. H. I. What Is It? When Is It Indicated? Advantages Disadvantages What Can Be Accomplished With Restrictions On Stock 1. Employee Retention 2. Discouraging Misconduct 3. Incentives Tax Implications Where Can I Find Out More About It? Questions And Answers Chapter Endnotes 1 Chapter 38 FEATURED TOPICS: Restricted stock plans CFP® CERTIFICATION EXAMINATION TOPIC: Topic 32: Stock Plans A. Types and basic provisions 2) Restricted stock COMPETENCY: Upon completion of this chapter, the student should be able to: 1. Discuss key factors related to restricted stock plans KEY WORDS: restricted stock, Section 83(b) election, employee retention, substantial vesting, forfeiture, incentives, non-lapse restriction DISCUSSION: 1. Discuss employer objectives that can be met through a restricted stock plan. 2. Discuss advantages and disadvantages to making a Section 83(b) election. QUESTIONS: 1. At what point does an employer normally receive a tax deduction for a restricted stock plan? a. b. c. d. the year in which the property becomes substantially vested two years following a Section 83(b) election when the employee purchases stock under the plan when the employee sells stock purchased under the plan Chapter 38, pp. 299-300 Chapter 38 2. Which one of the following must be avoided by S corporations using a restricted stock plan? a. b. c. d. the possibility of a Section 83(b) election creation of a second class of stock granting of an equity interest in the company creation of new shareholders of the company Chapter 38, p. 300 3. Which one of the following may be accomplished through a Section 83(b) election? a. the employer gets a tax deduction if the property subsequently increased in value in the hands of the employee b. subsequent appreciation of the property is taxed as ordinary income c. income is recognized when the employee receives the restricted property d. income is recognized at the point where the employee becomes substantially vested in the restricted property Chapter 38, pp. 301-02 4. Which of the following implications of federal securities laws may apply to restricted stock? (1) no federal securities laws ever apply (2) if stock is issued without cost, federal securities registrations is not generally required (3) securities laws may apply to stock issued to executives (4) the private placement securities exemption may apply a. b. c. d. (1) only (2) and (3) only (3) and (4) only (2) (3) and (4) only Chapter 38, p. 303 ANSWERS: 1. a Chapter 38 2. b 3. c 4. d