Detailed Analysis of Phantom Stock Option

Similar toemployee stock options , SARs are beneficial to the employee when company stock prices rise; the difference with SARs is that employees do not have to pay theexercise price, but receive the sum of the increase in stock or cash. One appealing option for the owners of professional service firms that do not want to relinquish equity is a phantom stock plan. Phantom stock plans are designed to provide employees an incentive based on the potential increase in value of a company’s stock; however, the existing stockholders are not diluted because shares of actual stock have not been issued. A phantom stock plan is intended to replicate other forms of stock grants such as restricted stock or stock options without shares or units being issued. Thus, the amount of the payout will increase as the stock price rises, and decrease if the stock falls, but without the recipient actually receiving any stock.

If there is a difference between this historical cost and the current cost at which it can be replaced, then the difference is said to be a phantom profit. The concept of Phantom Stocks is increasingly becoming popular in India. It has become more relevant especially in this post-pandemic world where uncertainty taken precedence and retaining key employees has become an uphill task for employers. Considering the clear use-cases of phantom stocks, the advantages that they bring to the table will most certainly make them a popular tool for incentivising and retaining employees. An employee stock ownership plan enables employees to gain an ownership interest in their employer in the form of shares of company stock.

Using Phantom Stock as an Organizational Benefit

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Another way to avoid incurring a taxable event at the time of vesting is to peg the payout only to the increase in value from the time of the vesting to the time of the payout. Thus, the value of the phantom shares at the time of vesting is zero and not subject to taxation as compensation. Phantom stock plans that require the attainment of predetermined metrics (i.e., performance vesting) are expensed as the performance conditions become “ascertainable,” instead of over the requisite service period.

Management reporting

The units vests after six months, subject to Mr. K bringing in new revenues of Rs.10 crores. It provides a level of reassurance to employees since phantom stock programs are generally backed in cash. This can, in turn, result in higher selling prices for a business if a prospective buyer perceives the upper management team as being stable. Because a phantom stock plan is a nonqualified deferred compensation plan, companies have a lot of flexibility in plan design as long as that flexibility is exercised before the plan becomes effective. If the employee’s base pay exceeds the Social Security wage base, no additional Social Security tax would be assessed on the phantom stock payments.

In order to delete the extra unit, delete screen data twice for the applicable activity. For example, if there is an extra rental unit, access Screen Rent for the applicable unit and select Edit / Delete Screen Data. Next, repeat Edit / Delete Screen Data a second time even though there is nothing on the input screen. Choose from timely legislation and compliance alerts to monthly perspectives on the tax topics important to you.

Tax and accounting regions

A phantom stock plan, or ‘shadow stock’ is a form of compensation offered to upper management that confers the benefits of owning company stock without the actual ownership or transfer of any shares. However, unlike actual stock, the award does not confer equity ownership in the company. In other words, no actual stock is ever awarded to the employee under a phantom stock plan. Instead, the employee is granted a number of phantom stock units, and the plan provides that each phantom stock unit is equal in value to one share of common stock. These stocks provide an easy exit mechanism in comparison to ESOPs. The fact that they are not actual stocks avoids the complexities in respect of the repurchase of the stocks from the employee or the secondary market, where an employee might sell the shares.

• A.LLB with specialization in Business Laws from Amity University.
• However, phantom stocks aren’t real, and they only benefit the employee financially.
• The issue most commonly arises when the first in, first out cost layering system is used, so that the cost of the oldest inventory is charged to expense when a product is sold.
• Therefore, this information should be relied upon when coordinated with individual professional advice.
• However, the guidance note has given clear guidance on accounting for SARs.
• In other cases, valuation may be required periodically, such as annually, or on a specific future date.

40% of employees are expected to quit their jobs in the next 12 months. In times like these, it becomes critical to retain senior and key employees, by offering attractive pay packages. These packages often include share-based payments such as ESOPs and Phantom Stock.

MAP MAP offers a highly experienced finance function exclusively to digital creative agencies so they can increase their growth and profitability. Phantom Stock is phantom accounting increasingly becoming a new way of compensating and retaining key employees. Thanks to the recent start-up boom, India is now home to more than 100+ unicorns.

• Recent studies show that the Great Resignation is nowhere close to slowing down.
• If the business is a pass-through entity, there is no taxation at the business entity level.
• This can, in turn, result in higher selling prices for a business if a prospective buyer perceives the upper management team as being stable.
• Get in-depth analysis of your numbers and a clearer picture of your business performance.
• However, we need to understand that this was an “informal guidance” for a specific situation.

Like Phantom Shares, Phantom Stock Options do not confer ownership rights, or dilute the share ownership of a company, although they do create liabilities to the company. They are used for constructing future cash payouts to a beneficiary, the value of which is tied to the appreciation of the company. They are considered deferred compensation plans as per section 409a of the tax code. Stock appreciation rights are similar to a phantom stock-based program. SARs are a form of bonus compensation given to employees that is equal to the appreciation of company stock over an established time period.

Phantom stock can be provided to every employee, either across the board or distributed variably depending on performance, seniority, or other factors. Both parties determine that it is best to not withdraw any funds from the LLC and to reinvest the profits in growing the business. Both Audrey and Eddie will have to pay taxes on $5,000 at their ordinary individual income tax rates, even though they did not take any money out of the business. Once they pay the taxes on the profit, however, each owners basis will be increased by $5,000. This may reduce that tax burden at a later sale of the owners equity. Further, they will not have to pay tax again when the profits are actually distributed to them.

If the company needs to opt for a third-party stock valuation, it will have to bear the fees of the advisory firm alone. Since the company has implemented the phantom stock scheme, their entitled employees can’t share the cost of such fees. Most commonly made available to upper management, SARs can function as part of a retirement plan. It provides increased incentives as the value of the company increases. This can also help ensure employee retention, especially in times of internal volatility, such as an ownership change or a personal emergency.