U.S. Taxation (Individuals) - Taxation of Options and Shares

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Taxation of Options and Shares

Holding options and shares by US citizens living in Israel or Israelis moving to live in the US is a complex situation that requires expertise and deep familiarity with the subject and the tax systems in the US and Israel.

The complexity arises not only from the different types of options but also because this income is often subject to tax in both the US and Israel, according to different parameters. This means the status and method of realizing profits can easily lead to a tax accident, where the dual tax liability from both Israel and the US (state and federal) exceeds the expected income.

Our team of experts in the department has extensive experience with US and Israeli tax laws, deeply understands options and shares, and knows how to plan long-term tax strategies that look to the future – for optimal realization and maximum profits. Our goal is to protect the client’s interests.

We assist our clients not only during the realization stages but also starting with advice on investment channels that will allow them maximum flexibility and reduce tax rates – according to their individual needs.

department services

Comprehensive Tax Planning Analysis for Options and Shares:
  • Understanding Option Types: Diagnosing whether it's NSOs, ISOs, RSUs, or another type, and understanding the unique tax event for each type.
  • Relocation Implications: Analyzing the impact of work periods in Israel and the US on income allocation, the timing of the tax event, and the Israeli exit tax (Section 100a).
  • Israeli-American Tax Coordination: Implementing the tax treaty to prevent double taxation through a Foreign Tax Credit or relevant exemptions, while considering Sections 102 and 100a of the Israeli Income Tax Ordinance.
  • Strategic Planning for Realization: Advice on timing the realization and sale of options and shares, with the aim of maximizing net profit after tax.
Handling Capital Gains Taxation from the Sale of Securities and Assets:
  • Accurate calculation of Capital Gains and Losses: Including consideration of acquisition cost, incidental expenses, and holding dates.
  • Utilizing Capital Losses: Advice on offsetting capital losses against gains and carrying forward losses to future years.
  • Examining State Tax Exposure: In cases where the client has a connection to a specific state in the US.
  • Preparation and Submission of Forms: Schedule D, Capital Gains and Losses to the US tax authorities.
  • Preparation and Submission of Complex US Tax Returns: Proper reporting of all income, options, and capital gains in the individual return (Form 1040 or 1040NR), including reference to additional reports required by tax authorities such as reporting of foreign accounts and assets (FBAR, Form 8938), ownership in a company outside Israel (FORM 5471) that may be related to investment activity.

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News and updates in the field of U.S. Taxation

30/03/2023 Partner since 2015 Specializations: US and international taxation You

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