A Note on the Legal and Tax Implications of Founders Equity Splits Noam Wasserman Lauren Barley 2009
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In the past few months, I’ve observed a significant change in our legal and tax system’s approach to companies’ early stages. Founders of companies now have to decide at an early stage when they will split their company’s equity. A major part of this decision is legal and tax implications. Legal and tax implications can impact the companies’ future, including decision-making, management roles, and shareholder rights. find out Legal Implications: The Legal System’s Perspective The legal system views the shareholders in a company as
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“When the founders of a startup company decide to split equity on a new investor’s offer, they are confronted with a legal and tax minefield. This case study presents a step-by-step guide to handling this issue, including considerations such as determining the fair value of the company, valuing the shares, determining tax obligations, and protecting the company’s interests.” The text material: The text material provides a step-by-step guide to handling a legal and tax minefield when a company decides to split equity on
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“In its current form, the law does not give founders who are not the beneficial owner or controlling shareholder of the business the same tax advantages available to the majority owner. This means that founders who choose to sell their stake, and the entity in which they hold it, do not benefit from any preferential tax treatment. In the first instance, the founder will be subject to regular taxation, and upon dissolution of the company and distribution of assets to the founders, they will be taxed at their 30% corporate tax rate as part of
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A Note on the Legal and Tax Implications of Founders Equity Splits By Noam Wasserman, Partner Noam Wasserman Law, LLP Certainly! For most of us, being the primary investor in a company and having a meaningful share of the company’s equity represents the bulk of our personal wealth. Many of us assume that owning shares of a company means we are essentially co-owners with the other shareholders, that we are part of an interlocking group of business associates,
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A Note on the Legal and Tax Implications of Founders Equity Splits In 2009, I contributed the note above, based on a presentation by Peter Thiel, who has helped launch numerous startups. This was the same year that my wife and I purchased our first home together. As we moved into our new digs, we began to worry about making ends meet. While we had plenty of money saved up, we had not thought ahead to the future. When our daughter was just 4 months old, we decided that we could not afford to
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This case study is written as an informal, conversational letter. Legal and Tax Implications of Founders Equity Splits This letter summarizes the legal and tax implications of the founders’ equity splits as set forth in the original agreement between the start-up company and its two principal owners. In a nutshell, the “Founders Equity Split” refers to the practice of distributing additional shares of stock to the founders who contributed the most equity to the start-up company during its early days. This
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1. It’s All About the Money. Legally and Tax-wise, founders can split equity in two ways. A one-for-one arrangement works best for liquidity-driven startups. Founders can either take on all their stock in exchange for another investor’s, or they can retain a sizable piece of their existing stake for themselves. A two-for-one approach works great for growing, revenue-driven companies. In this scenario, founders would sell part of their equity to existing investors in