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H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear pk,

 

Thank you so much for your detailed, patient, and helpful explanations! I have one last question: Considering the tax implications, I am thinking about exercising my option to buy shares now and then selling them after one year. Does my H1B visa allow me to hold shares of a foreign company?

 

pk
Level 15
Level 15

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear @roalddahl14 ,. your visa status in and of itself  does not impact your ownership of  foreign or domestic assets.  However, once you become a US person ( citizen /  GreenCard / Resident for Tax purposes ) US treasury regs come into play -- FBAR, FATCA and  doing business with sanctioned persons and/or countries.  You are treated just like all other US persons.

 

Hope this clarifies   your concerns.

 

Namaste ji

 

pk

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Thank you. I am resident for tax purposes (I have been in the US since 2018). So, am I still allowed to own shares of a foreign company?

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear pk,

 

Thank you. I am resident for tax purposes (I have been in the US since 2018). So, am I still allowed to own shares of a foreign company?

pk
Level 15
Level 15

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

@roalddahl14 , there is no prohibition on US persons owning equity of foreign entities  UNLESS it is a sanctioned  entity ( by US Treasury ).   Bosch India is certainly not on that list.   So enjoy your equities.

 

 

Namaste ji

 

pk

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear @pk 

Following up on my earlier questions, my H1B visa is set to expire at the end of this year, which may require me to return to India temporarily. I have not yet cashed in my equity as mentioned above.

 

If I leave the U.S. for several months, with plans to return on a new visa sometime in the middle of the next year, I plan to keep my U.S. bank account active during that period.

 

Assuming I’m not living or working in the U.S. for the initial part of 2025, what tax implications would apply if I transfer funds from encashed equity in Singapore to my U.S. bank account during that time? Would I still be subject to U.S. taxes on this transfer, despite not being a resident or working in the U.S. at the time of the transaction?

 

Thank you for your guidance!

 

pk
Level 15
Level 15

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

@roalddahl14 , while we cannot/ (will not) provide tax avoidance/lowering strategies for specific  situations, we can only provide generic suggestions as to what will happen in some scenarios / situation ( basically hypothetical situations).

 (a)    When one is a Non-Resident  for tax purposes, one is taxed  ONLY on US sourced  incomes in contrast to a  Resident , whom is taxed on world income.  Thus one must  become a Non-Resident Alien  for the tax year to exclude   foreign income in the calendar year.

(b)     The tax residency  is determined  each year  on its own ( 186 days present counting all the days present  in the current  calendar year, plus 1/3rd the days present in the previous year plus 1/6th of the days present  during the 2nd. previous year ).

(c)      Foreign source income deposited into a US bank account  while the owner of the account is  a Non-Resident Alien does not make that income US sourced or taxable.  However, if the foreign source income is because of work performed during Tax Resident period ( delayed payment )  would be deemed constructively received  during the  resident period.

(d)       Note that  changing  tax status  ( i.e. from tax resident to NRA ) for the sole purpose of avoiding  taxes  may not be legal.   If it happens for other reasons and  tax reduction is a byproduct  then it may be legal.  Please consult  a tax attorney for such situations.  It is the intent that matters.

(e)     IRS strongly suggests not closing bank / financial  account(s) for a period ( perhaps six or nine months ) when a tax resident leaves US  permanently  ( i.e. with no definite plans to return  ) for purposes of final settlements  post  exit from the USA.  Strength and extent of financial connection is one of the factors that determine whether  the tax payer should be treated as a Resident or Non-Resident  ( especially when the tax payer want to exclude income from US taxation).

 

Hope this covers  your question.  If you need more specific answers , please consider PM

 

pk

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Thank you. This is very useful.

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear @pk ,

I sincerely appreciate your time and effort in answering my questions before. As mentioned in my responses, my Singaporean startup equity fully vested in 2021, but I have not yet taken possession of the shares. I am now working on converting the equity to shares and hold them for at least a year to qualify for long-term capital gains treatment before selling.

I have a couple of follow-up questions based on recent discussions with the Singaporean startup:

  1. Tax on Share Purchase: In next month or two, when I convert my equity to shares—essentially purchasing all of them for US$1.00 (a discounted rate due to my prior role and vested equity)—would this trigger a taxable event? A Singaporean broker advised me to verify this, stating that I might owe taxes based on the fair market value of the shares. Is this correct? I understand that I will be taxed when I sell or cash out the shares, but I’m unsure how I could be taxed upon purchase, especially since this does not generate income.

  2. Tax Treatment for Pre-U.S. Work: I am currently on an H1B visa and not supposed to work for any employer other than the one sponsoring this visa (and I have not). This equity was awarded for my work at the startup from October 2017 to mid-August 2018, before I moved to the U.S. in late August 2018. Per the terms, the equity then vested over the next three years, even though I was no longer employed by the startup. How should I report this in my U.S. tax return to indicate that it stems from work performed before I came to the U.S.? Should I attach my contract agreement with the startup as supporting documentation?

I appreciate your guidance and look forward to your insights.

Best regards,
RD

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear @pk ,

 

I went through some resources on web if I need to pay taxes on share purchase. On the following webpage, apart from taxes on selling shares, it mentions that equity-holder may also have to pay taxes for "vesting restricted stocks" and "exercising your options". Do these apply to me?
https://carta.com/blog/taxes-on-stocks-what-you-need-to-know/

Regards,
RD

pk
Level 15
Level 15

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

@roalddahl14 , 

I will break my answers into two different ones  :

 (a) Response  to your PM there in  ( although there I would need to know a little bit more as to the character of the  warrant/option )

(b) a response here ( because it is of general interest )

       Please see   IRS  U-Tube/ on-line  "Show for the tax-pro".  This provides a very good explanation of how to deal with "stocks/stock options " etc.  received by an individual whom has worked both in the USA and abroad.

U.S. taxation of stock-based compensation received by nonresident aliens - YouTube video text script...

You can ignore the first  three pages.

The examples here  are quite instructive -- just turn it around   as to  NRA vs RA period.  

This one also  highlights  the difference in the treatment of   RSU/ISO and  NQSO . 

 

Hope this helps.

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear @pk ,

 

Thank you.

(a) Looking forward to your PM.

(b) I appreciate the IRS link. Based on the video, my incentive does not appear to be RSUs, but I’m unsure whether it qualifies as an ISO or NQSO.


I was awarded equity in the company for services performed from October 2017 to mid-August 2018. After that, I moved to the U.S. and no longer worked for the Singaporean company. This incentive was a warrant/promise allowing me to purchase shares at a discounted price after the vesting period. The equity vested over three years, making me eligible to exercise the warrant (i.e., pay to acquire the shares) in 2021. However, I have not yet taken possession of the shares.


The company has informed me that I can purchase the awarded shares by paying a nominal total of $1.00. My plan is to hold the shares for a year to benefit from long-term capital gains tax before selling and transferring the proceeds to my U.S. bank account.


Would this be classified as an ISO or NQSO?

Regards
RD

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

Dear @pk,


After discussing this with the start-up, they say my equity setup is likely ISO.

In light of this, I will appreciate your response to my 2 questions.

pk
Level 15
Level 15

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

@roalddahl14       that was the conclusion I was coming to .,  Will  send  more later.

DaveF1006
Expert Alumni

H1B visa: Do I have to pay taxes on equity encashed from a company based abroad?

It depends on the nature of your agreement with your employer.  Here is a brief description of the two. 

 

What Are NQSOs?

NQOs, short for non-qualified stock options, are the most common type of employee stock option. They allow you to purchase stock for a fixed price for a defined period of time, as the market value of the stock continues to rise, allowing employees to profit off the difference. NQOs are just as they sound—unqualified. This means that they are not restricted by waiting periods, profit, price, employee status or any other stipulation. When employees sell shares after they vest, they have the potential to receive immediate, unlimited profit.

What Are ISOs?

ISOs, short for incentive stock options, are a type of employee stock option only offered to key employees and top-tier management that can confer preferential tax treatment. Unlike NQOs, they are subject to many restrictions. They must be held for a much longer time period, and thus can carry more risk; however, they have a higher potential for better returns.

 

If you have no restrictions placed on you regarding the time period  and if you are given the freedom on when to sell these shares, then this could be considered a NQDO but may be subject to interpretation. 

 

Here is an excellent reference that may help you decide the type of stock option this is.

 

Differences Between ISO and NQDO Stock Options.

 

 

 

@roalddahl14 

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