The differential is not neutral see table

Stock options have not escaped the general taxation, increase in work for all the investments and income of the heritage. There are however a few tracks to reduce taxation. Review of retail.

As all gains from heritage or investments, those from stock options, whether it is the added value of acquisition (difference between the price for the award of the title by the employer and the price of the actual purchase of action, generally four years later or thrown) or surrender value (the difference between the purchase price effective of action and its final selling price) also undergo the increase in social security payments from 12.1 to 12.3. But these gains are considered as income of the heritage, they are taxable at the rate from 1 January... 2010 (investment income are, them, effective January 1, 2011). Clearly, if you sold issues shares of stock in 2010 plans, the social tax payable in 2011 will be to 12.3.

Is also concerned the only added value acquisition and only for its fraction exceeding 152.500 euros (see table). The tax rate is 40 to 41, and this for all assignments made after January 1, 2011 (the value of acquisition and transfer value are both taxable at the time of the final sale of the securities). Other tax rates are not changed.

Here also only is concerned the added value of acquisition. All options granted since October 6, 2007 give rise to the payment of wages and employer contribution on the amount of this value. Initially set at 2.5 for employees and 10 for the employer, these taxes are revised upward, respectively 8 and 14. "The entry into force of the recovery of this rate is not specified in the Act of financing of social security." "From our point of view, by analogy to what is done above, it should logically apply to assigned plans starting from the day after the publication of the law on the"Official Journal", or on subsequent to December 22, 2010", explains Olivier de Saint Chaffray, associate counsel, CMS Bureau Francis Lefebvre.

"Even if it is assigned savings, which is not from the employee savings, the taxation of stock options is now very heavy and can achieve, depending on the case, up to 50 of the gains, or even more", said Alain Caron, responsible for the Council in the Société Générale asset management. Strategies to reduce the amount of the tax are possible, but "the legislature is used over time to close doors", according to Olivier de Saint Chaffray. Whither now First, the portage, but also the donations for the plans assigned before June 20, 2007.

Since April 27, 2000, those that retain their shares another two years (period of "portage") after have actually purchased them are fiscally advantaged. The differential is not neutral (see table). According to professionals, four stock-optionnaires five perform the assignment of their titles just after having exercised their option to purchase. Course, for conservation two years longer, the recipient takes the risk of action fall in the stock market. "Only should use this time to portage those confident on stock market of their society and seeking a tax rates reduced", advises Alain Caron.

Another difficulty: at the time of the lifting of the options, should pay the action to become owner. This can be problematic when it comes to pay large sums of money. Banks usually offer funding specific, necessary, accompanied by a cover against the risk of falling of the title in quotes. "It is an interesting and inexpensive, solution for the loan to cover both." "Cannot however be covered that actions benefiting from a good liquidity", said Alain Caron.

This solution was much more used than the portage. Elle assumes course to divest definitively given titles. The interest The added value of acquisition is totally cleared. Nobody, neither the donor nor the recipient has to pay! In the latter case, it will be just to pay the tax on the capital gain from sale, calculated from the price of securities on the day of the gift - value very reduced if he sells titles quickly. Parliament has however put an end to this possibility with the Tepa law, but it has implemented a time limit. The gift can no longer "purge" the added value of acquisition for the plans assigned after June 20, 2007. "Is that all those who have been downgraded to plans of stock before that date, may still take advantage of the former device." "And especially those which, having regard to the period of unavailability of four years, will lift their options in the first part of this year," explains Mr. Fabrice Luzu, notary at Paris. Of course, need to pay the donation, but they are generally much lower taxes on stock options: children receive an allowance of 159.325 euros each (in 2011) and rights are reduced by 50 when the donor under 70 years of age (40 maximum, they spend 20). "Best, says Fabrice Luzu, if the donor makes a loan to buy his options before giving them to his children, the burden of the loan may also be transferred to recipients, which minore as the fees of gift...".