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What are the tax implications of public stock getting converted to cash as part of a LBO by a private investment company?

Personal Finance & Money Asked on June 11, 2021

This could apply to several situations, but for me, I own stock, ESPP stock, RSUs, and options in a public company that is being bought by a private investment company.

When this goes through, that stock and the options will be converted in to $X per share (for the options, $X per share minus the exercise price). Some of the shares have been held more than 2 years, but a lot of it has not. The options have not even been exercised.

I worry that most of this will be treated as short term capital gains.

  1. How will this be treated (based on stock held by different time periods)?

  2. What can I do before the LBO is finalized to mitigate the tax burden?

  3. Is there anything that can be done after the LBO is finalized?

My thoughts-
I will donate some stock to charity (I think it needs to be long term capitol gains type)
I don’t think I can convert it to a different format in one transaction and avoid triggering tax implications… Maybe there is a way…

Anyway, please help me understand what I might be facing.

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