5 Costly Mistakes Employees Make with 102 Equity Plans & How to Avoid Them

Restricted Stock Units (RSUs) and stock options under Israel's 102 equity plan offer significant tax benefits, but only if you navigate the rules correctly. Many employees unknowingly make costly mistakes that can eat into their earnings. Let’s break down the five biggest pitfalls and how to sidestep them.

Mistake #1: Selling Before the Two-Year Holding Period

The Problem - Selling RSUs or exercised options before the two-year mark from the grant date triggers Israeli taxation at ordinary income rates, which can be as high as 62% (including Bituach Leumi). That’s a massive tax hit compared to the 25%-30% capital gains tax rate.

The Fix - If possible, wait at least two years before selling your shares. This ensures the bulk of your gains are taxed at the lower capital gains rate rather than as high-income earnings.

Mistake #2: Ignoring U.S. Tax Implications (for U.S. Citizens & Residents)

The Problem - While the 102 plan is designed for Israeli tax advantages, it does not automatically align with U.S. tax rules. U.S. citizens and tax residents may face taxation upon vesting or exercise (even if the shares aren’t sold), leading to unexpected U.S. tax liabilities.

The Fix- Consult a U.S. tax professional ?? ([email protected]) before exercising stock options or before your RSUs vest. Make sure you understand how your grants are treated under U.S. tax law to avoid double taxation and compliance headaches. Projections and planning can greatly reduce your taxes between jurisdictions.

Mistake #3: Quitting Without Understanding the Tax Consequences

The Problem - Employees often resign without considering the tax implications of their unexercised stock options. Under the 102 plan, employees have only 90 days after leaving their job to exercise their options. If they fail to act, they could lose their stock options entirely. If they do exercise, they may trigger heavy double taxation between the U.S. and Israel, as both jurisdictions may tax the same income differently.

The Fix - Before quitting, review your stock options and their expiration rules. If you're a U.S. citizen or resident, consult a tax professional to check your options. Often we can build up credits to help minimize exposure to double taxation.

Mistake #4: Misunderstanding Trustee Tax Withholding

The Problem - Employees often assume the trustee (such as ESOP or IBI) automatically optimizes tax withholding. However, trustees typically withhold at a flat 50%-62% rate, which may be much higher than what you actually owe. If not managed properly, you may end up overpaying tax with little recourse to reclaim it.

The Fix - Before selling shares, review your overall income and tax liability for the current year and the past year. If you time it properly you may be able to get more refunds back.

Mistake #5: Poor Coordination When Relocating In or Out of Israel

The Problem - If you relocate in or out of Israel while holding RSUs or stock options, your tax situation can change dramatically. You might lose eligibility for the 102 plan benefits, and different tax jurisdictions may claim rights over your income.

The Fix - If you anticipate relocating, consult with a cross-border tax professional before you move. Planning in advance can help you structure your equity compensation in the most tax-efficient way.

Final Thoughts

Equity compensation adds layers of complexity. By avoiding these common mistakes, you can maximize your financial benefits while minimizing tax headaches.

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