Agreed, but: I think that might cross the line into what a loan actually is vs. what income actually is (or at least the IRS might have something to say about it).
I know the $40k in taxes sucks, but if you step back and think about it, it's actually quite "fair" (ignoring fundamental arguments about whether taxes are fair heh ;).
You are receiving $100k in stock options/stock. That will grow over time. I think it's fair to be taxed on that stock as income (since it is income! you're being given an asset) and then, later, be taxed on the gain of of that asset (if there is a gain). If you leave the company, they'll have the option to buy back any clawed-back stock, so you could even end up ahead (let's say you vest 50% then leave, so company pays you $50k for the unvested/clawed-back stock -- then you're actually ahead of the game by $10k net of taxes).
I know the $40k in taxes sucks, but if you step back and think about it, it's actually quite "fair" (ignoring fundamental arguments about whether taxes are fair heh ;).
You are receiving $100k in stock options/stock. That will grow over time. I think it's fair to be taxed on that stock as income (since it is income! you're being given an asset) and then, later, be taxed on the gain of of that asset (if there is a gain). If you leave the company, they'll have the option to buy back any clawed-back stock, so you could even end up ahead (let's say you vest 50% then leave, so company pays you $50k for the unvested/clawed-back stock -- then you're actually ahead of the game by $10k net of taxes).