Remove shadow in the Equity Participation Plan

Aug 6th, 2022
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How to remove shadow in the Equity Participation Plan

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Hey whats up guys. Its Clint Coons here. And in this video, Im going to show you equity stripping and how you can make your property appear worthless to potential creditors. All right. Lets start talking about, ah, this the title alone. I wonder how many hits Im going to get because somebody is going to see the word stripping and theyre going, oh, I got to check that out. So this is not clickbait, really what this strategy is about is how to make it make your property appear less attractive. Because the whole thing about lawsuits or being involved in litigation and using asset protection is you want the opposing side, the person thats coming after you to think, hey, Im just going to take his policy limit so theres nothing to go after here. So if the insurance company pays me, Im walking away and theyre not going after your hard earned assets. Now, one way to do that, besides just putting your property into limited liability companies, is to pull the equity out. Now that can

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Tax implications for employees: Employees are taxed on the cash payouts they receive, treating them as ordinary income rather than capital gains. Liability on the employers books: Phantom stock plans appear as liabilities on the employers financial statements, potentially impacting the companys financial position.
Phantom units are forfeited if an employee leaves the business before their units vest. What are the disadvantages of phantom stock plans? Payouts are subject to payroll taxes, potentially affecting your companys cash flow. Plans that are not competitive enough may lead to loss of top candidates or employees.
What Is Equity Participation? Equity participation refers to the ownership of shares in a company or property. Equity participation may involve the purchase of shares through options or by allowing partial ownership in exchange for financing.
A phantom stock plan, also called a shadow stock plan, is a type of deferred employee compensation plan where the type of shares issued to plan participants are phantom shares instead of company shares. Phantom shares provide benefits similar to stock ownership but without actually issuing company shares.
Phantom shares are usually paid out when the company gets acquired or IPOes. The phantom shares are paid out in cash for their corresponding value.
A phantom stock plan is an employee benefit plan that gives selected employees (senior management) many of the benefits of stock ownership without actually giving them any company stock. This type of plan is sometimes referred to as shadow stock. Rather than getting physical stock, the employee receives mock stock.
Payments from phantom stock plans are subject to typical income taxes, not capital gains taxes. In turn, companies can deduct phantom plan payouts the year the employee reports the income. Employers must ensure their plans follow federal laws in section 409A of the Internal Revenue Code (IRC).
Examples of Shadow Stock Peer-to-peer loan websites let those with cash meet those who are in need of it. For a nominal fee, the site manages the transfer and reimbursement of monies.

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