EBAY » Topics » Restricted Stock Units and Nonvested Shares

This excerpt taken from the EBAY 10-Q filed Oct 29, 2007.
Restricted Stock Units and Nonvested Shares
 
The following table summarizes restricted stock unit activity for the nine months ended September 30, 2007 (in thousands):
 
         
    Units  
 
Outstanding at January 1, 2007
    508  
Awarded
    8,280  
Vested
    (124 )
Forfeited
    (545 )
         
Outstanding at September 30, 2007
    8,119  
         
 
In general, restricted stock units vest over three to five years and are subject to an employee’s continuing service to eBay. The cost of restricted stock units is determined using the fair value of our common stock on the date of the grant. The weighted average grant date fair value for restricted stock units awarded during the period was $32.59 per share. During the first quarter of 2007, restricted stock units were awarded as part of our annual incentive compensation review for the first time.
 
During the nine months ended September 30, 2007, there was no significant activity in nonvested shares.
 
Note 9 — Income Taxes
 
On January 1, 2007, we adopted the provisions of FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes.” As of January 1, 2007, we had $385.7 million of liabilities for unrecognized tax benefits. If recognized, the portion of liabilities for unrecognized tax benefits that would decrease our provision for income taxes and increase our net income is $279.6 million. The impact on net income reflects the liabilities for unrecognized tax benefits net of certain deferred tax assets and the federal tax benefit of state income tax items. The adoption resulted in a reclassification of certain tax liabilities from current to non-current and had no significant cumulative impact to retained earnings.
 
As of September 30, 2007, our liabilities for unrecognized tax benefits were $489.5 million and are included in deferred and other tax liabilities, net. The total liabilities for unrecognized tax benefits and the increase for the current period of these liabilities relate primarily to the allocations of revenue and costs among our global


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eBay Inc.
 
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS — (Continued)
 
operations. Over the next twelve months, our existing tax positions will continue to generate an increase in liabilities for unrecognized tax benefits. We recognize interest and/or penalties related to uncertain tax positions in income tax expense. The amount of interest and penalties accrued at September 30, 2007 was approximately $9.4 million.
 
We are subject to taxation in the U.S. and various states and foreign jurisdictions. We are under examination by certain tax authorities for the 2003 tax year. The material jurisdictions that are subject to examination by tax authorities for tax years after 2002 primarily include the U.S., California, Switzerland and Singapore.
 
During the three months ended September 30, 2007, our effective tax rate was impacted by the non-deductible goodwill impairment charge and a tax benefit, including amounts related to prior periods, from a favorable ruling issued by a tax authority.


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Item 2:   Management’s Discussion and Analysis of Financial Condition and Results of Operations
 
This excerpt taken from the EBAY 10-Q filed Jul 27, 2007.
Restricted Stock Units and Nonvested Shares
 
The following table summarizes restricted stock units activity for the six months ended June 30, 2007 (in thousands):
 
         
    Units  
 
Outstanding at January 1, 2007
    508  
Awarded
    6,861  
Vested
     
Forfeited
    (251 )
         
Outstanding at June 30, 2007
    7,118  
         
 
In general, restricted stock units vest over three to five years and are subject to the employees’ continuing service to the company. The cost of restricted stock units is determined using the fair value of our common stock on the date of the grant. The weighted average grant date fair value for restricted stock units awarded during the period was $32.08 per share. During the first quarter of 2007, restricted stock units were awarded as part of our annual incentive compensation review for the first time.
 
During the six-months ended June 30, 2007, there was no significant activity in nonvested shares.
 
Note 9 — Income Taxes
 
On January 1, 2007, we adopted the provisions of FASB Interpretation No. 48, Accounting for Uncertainty in Income Taxes (“FIN 48”). As of January 1, 2007, we had $385.7 million of liabilities for unrecognized tax benefits. If recognized, the portion of liabilities for unrecognized tax benefits that would decrease our provision for income taxes and increase our net income is $279.6 million. The impact on net income reflects the liabilities for unrecognized tax benefits net of certain deferred tax assets and the federal tax benefit of state income tax items. The adoption resulted in a reclassification of certain tax liabilities from current to non-current and had no significant cumulative impact to retained earnings.


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eBay Inc.
 
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS — (Continued)

As of June 30, 2007, our liabilities for unrecognized tax benefits were $438.1 million and are included in deferred and other tax liabilities, net. The total liabilities for unrecognized tax benefits and the increase for the current period of these liabilities relate primarily to the allocations of revenue and costs among our global operations. Over the next twelve months, our existing tax positions will continue to generate an increase in liabilities for unrecognized tax benefits. We recognize interest and/or penalties related to uncertain tax positions in income tax expense. The amount of interest and penalties accrued at June 30, 2007 was approximately $7.3 million.
 
We are subject to taxation in the U.S. and various states and foreign jurisdictions. We are under examination by certain tax authorities for the 2003 tax year. The material jurisdictions that are subject to examination by tax authorities for tax years after 2002 primarily include California, the U.S., Singapore and Switzerland.


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Item 2:   Management’s Discussion and Analysis of Financial Condition and Results of Operations
 
This excerpt taken from the EBAY 10-K filed Feb 28, 2007.
Restricted Stock Units and Nonvested Shares
 
Restricted stock units and nonvested shares were awarded to employees under our equity incentive plans. In general, restricted stock units and nonvested shares vest over three to five years and are subject to the employees’ continuing service to the company. The cost of restricted stock units and nonvested shares is determined using the fair value of our common stock on the date of the grant. The compensation expense is recognized over the vesting period.


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eBay Inc.
 
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS — (Continued)

 
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