Internation Tax Asynchronization

Oct 23, 2007 1 Replies

My son, a US citizen works for a foreign subsidiary of an American company. This subsidiary used to sometimes award stock options to employees. The American and local tax rules for these were the same, so that the U.S. taxes were offset by the local taxes, which were higher. Now they have gone to giving not options, but restricted stock. As I read the IRS publication, these are taxable as income when received, and when sold there can be a capital gain or loss. The local tax people do not tax these at all when received, only when sold. This can lead to a situation where there is US tax obligation in the year when received, with no local tax to offset it. The year when sold, he would have a local tax obligation, but this could not offset any US taxes. He has not checked whether the local tax would take cognizance of the US tax paid, but that is doubtful, as he is a local resident working for a local company. Any suggestions?




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Restricted stock grants are not taxed when received unless the t/p makes a Section 83(b) election in a timely manner. By definition, restricted stock is not transferable and is subject to substantial risk of forfeiture. Thus, no income is recognized until such time that the stock award vests.

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