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Selling Shares / Taxes

Posted on 8/30/18 at 12:50 pm
Posted by LSUJML
BR
Member since May 2008
45544 posts
Posted on 8/30/18 at 12:50 pm
I own a share of the company I work for, it's a small family owned business,nothing huge.
The family came in & said they were going to buy out all shares owned by employees.
They will be writing us a check, just like they would be paying any other bill.

Taxes will be our responsibility to pay.

I asked what would I get to show the amount of money I needed to pay taxes on.

I was told the full 4k(for example).
I paid 2k for the share, why would I pay taxes on 4k? Shouldn't I only pay taxes on the earnings?
They will not be providing anything other than a check, so we will not get a 1099.

I appreciate any feedback, I just think something it not right with the way this is being handled.

TIA

Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 8/30/18 at 12:54 pm to
quote:

I was told the full 4k(for example).
I paid 2k for the share, why would I pay taxes on 4k?


What you sold it for minus what you paid for it. You are correct.

quote:

They will not be providing anything other than a check


They have to.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37086 posts
Posted on 8/30/18 at 1:24 pm to
Total proceeds - less what you paid for the share - your taxable gain.

If it is a Louisiana company, you may qualify for a partial exclusion from LA tax on the gain. Depends on how long you owned the stock for and how long the company has been in Louisiana.
Posted by LSUJML
BR
Member since May 2008
45544 posts
Posted on 8/30/18 at 2:37 pm to
I bought it in 2013 & company was started in LA in the 60's.

How would I qualify for tax exclusion if there is nothing provided to me as far as records?

HR has confirmed they did nothing as far as income reporting for previous employees that sold their shares.
This post was edited on 8/30/18 at 3:18 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37086 posts
Posted on 8/30/18 at 3:26 pm to
LINK

Take a look at this regarding the exclusion. Not too hard to follow.

They should be issuing a 1099-B for the sale of the stock, but that's on them, not on you. You don't need that to determine your gain if you know what you paid for it and you know what your proceeds upon sale are.
Posted by LSUJML
BR
Member since May 2008
45544 posts
Posted on 8/30/18 at 4:39 pm to
Thanks!
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 8/30/18 at 8:23 pm to
quote:

They will not be providing anything other than a check, so we will not get a 1099.


They're legally required to, but that is their problem. At any rate, you pay tax on the gain, not on what they pay you.

What bothers me is that if you own a share of the company, you don't have to sell. You are under no obligation to do so just because the family wants to buy you out. However, you may be in a situation where it's better to let them get away with it. Minority owners of small businesses generally get screwed.
Posted by BrotherEsau
Member since Aug 2011
3503 posts
Posted on 8/31/18 at 2:21 pm to
quote:

The family came in & said they were going to buy out all shares owned by employees.


I'd respond with "That sounds great, but I like owning a share and mine is not for sale." or "Excellent, mine will cost you $6,000"
Posted by castorinho
13623 posts
Member since Nov 2010
82025 posts
Posted on 8/31/18 at 9:37 pm to
quote:

I'd respond with "That sounds great, but I like owning a share and mine is not for sale." or "Excellent, mine will cost you $6,000"
It's not uncommon to have buy back stipulations when offering shares of company.
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 8/31/18 at 9:47 pm to
Let’s be honest, do you think they included those in there if they don’t know they are supposed to file a 1099-b?

Posted by nctiger71
North Carolina
Member since Oct 2017
1320 posts
Posted on 8/31/18 at 11:17 pm to
If there is no 1099 then how will the IRS know you sold the stock?

It sounds as if the owners are trying to do you a favor but leaving it up to you to figure that out. If you want to include the net income in your taxes then that is your option.

You’re probably talking about less than $440; $2k gain x 22% marginal tax rate if your taxable income is > ~ $77k & < whatever the next bracket amount is. That’s for married, filing jointly.

Edit: It’s probably less than that, forgot about capital gains. I thank that’s at 15%, so $300 owed in taxes.

Edit #2. I believe if your taxable income is < ~ $77k, then the capital gains tax rate is 0%. If that is correct and you are in that tax bracket then you owe no federal taxes on the gain.
This post was edited on 8/31/18 at 11:40 pm
Posted by castorinho
13623 posts
Member since Nov 2010
82025 posts
Posted on 9/1/18 at 9:03 am to
quote:

If there is no 1099 then how will the IRS know you sold the stock?

It sounds as if the owners are trying to do you a favor
tax evasion is a favor?
Posted by nctiger71
North Carolina
Member since Oct 2017
1320 posts
Posted on 9/1/18 at 10:28 am to
Good point, could have worded that better.
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 9/1/18 at 12:49 pm to
Another option is to report the company owner for tax evasion as a whistle blower. If your info provides a large settlement then you can get a % of the taxes recovered.
Posted by LSUJML
BR
Member since May 2008
45544 posts
Posted on 9/1/18 at 8:58 pm to
quote:

You’re probably talking about less than $440; $2k gain x 22% marginal tax rate


2k gain was an example
Gain will be over 10k, less than 15k
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