Equity compensation (RSUs, ISOs, NSOs)

Equity compensation is pay in the form of company stock or options; restricted stock units are taxed as wages at vesting, non-qualified options at exercise, and incentive stock options at sale, with alternative minimum tax exposure at exercise.

Each type has a different timing rule and a different tax character, and companies withhold on some but not others. Token grants in crypto companies are generally treated like restricted stock.

Why it matters: under-withholding on RSUs and AMT on ISOs are the two most common surprises, and both are planning problems, not filing problems.

Where this comes up in our work

Business law and Gordon Tax

Asset protection and M&A at Gordon Law; entity structuring, payroll, and business returns at Gordon Tax.

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Definitions are general information, not legal advice, and may not reflect the most recent changes in law.