While everyone has been hyper-focused on Elon Musk’s latest “gaudy” pay package, the one the board just awarded him to compensate for the previous package canceled by a judge in Delaware is turning into a financial time bomb ticking that could blow up Tesla’s income statements.
According to a new analysis from financial data tracker Troy Teslike, corroborated by a Reuters report, a Delaware Supreme Court ruling against Tesla would trigger a massive wave of stock-based compensation (SBC) expenses, enough to wipe out Tesla’s GAAP profits for nearly 2 years.
For those who haven’t been following the legal drama: A Delaware judge voided Elon Musk’s massive 2018 CEO performance award in January 2024. Tesla appealed that decision, and the Delaware Supreme Court heard arguments just last month.
We are currently waiting for a decision, which most legal analysts expect between late 2025 and early 2026.
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But here is where it gets tricky. In preparation for a potential loss in court, Tesla’s board approved a new “interim CEO award” in August 2025. This was designed to ensure Musk gets paid if the 2018 deal is officially dead.
If Tesla wins the appeal and the 2018 package is reinstated, everything is likely to stay the same financially. Tesla already booked the expense for that award years ago.
However, if Tesla loses the appeal, the 2018 award stays cancelled. The “August 2025 interim award” then immediately takes effect. Because this is technically a new award under accounting rules (ASC 718), Tesla has to recognize the expense from scratch. They cannot “carry over” the credit from the expenses they paid on the 2018 plan.
Troy Teslike broke down the numbers in a recent report, and the chart is startling:
“If that happens, Tesla would need to record the cost of Elon Musk’s August 2025 interim CEO award. This would push GAAP EPS into negative territory for seven straight quarters, starting in Q4 2025.”
According to Tesla’s own filings, the value of the 96 million shares in this interim award is roughly $23.7 billion, though Reuters estimates the hit could be as high as $26 billion depending on the share price when the grant becomes effective.
Because this is a “catch-up” expense, Tesla would have to book a massive chunk of it immediately after the ruling, and then spread the rest over the next 6 to 7 quarters.
The result? Tesla’s GAAP Earnings Per Share (EPS), the official profit number reported to the SEC, would likely turn negative and stay there until mid-2027, unless Tesla’s earnings trend, which has been down for 2 years, reverses.
It’s important to note that this impacts GAAP earnings, not Non-GAAP earnings. It’s a non-cash expense. Tesla isn’t writing a check for $25 billion; it’s printing new shares (dilution) and handing them to Musk. The actual cash flow of the company remains unchanged.
But for institutional investors and algorithms that trade on GAAP profitability rather than Non-GAAP, which claims to be designed to represent a company’s financials better, even though it almost always makes their financials look better, a sudden shift from healthy profits to deep losses “on paper” is a significant event.
As Reuters put it in their analysis, this single accounting event “could wipe out years of Tesla profits.”
Electrek’s Take
This is a classic case of Tesla’s governance issues coming back to bite them, but it’s also a reminder of how disconnected stock-based compensation can be from actual business health.
Now, I wouldn’t be surprised if the Delaware Supreme Court does side with Tesla and Musk.
I think the judge’s original ruling was fair and highlighted clear problems with how Musk’s compensation package came about, but the brain-dead shareholders voted for it again. They made their bed, let them lie in it.
But I’m no lawyer, and the judge determined that the revote was not a resolution.
Musk was successful in his campaign to scare companies away from being incorporated in Delaware, and it’s clear that it is putting pressure on the state. While technically the court shouldn’t take that into account, it’s often impossible not to.
Even though the court decision was to protect shareholders, Musk’s actual problem is that it doesn’t protect his personal interests.
Either way, I maintain that Tesla’s governance is abysmal and will ultimately be the root cause of the company’s downfall.
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In the Electrek Podcast, we discuss the most popular news in the world of sustainable transport and energy. In this week’s episode, we discuss electricity becoming the base currency, Tesla Robotaxi crashes, the new Porsche Cayenne EV, and more.
As a reminder, we’ll have an accompanying post, like this one, on the site with an embedded link to the live stream. Head to the YouTube channel to get your questions and comments in.
After the show ends at around 5 p.m. ET, the video will be archived on YouTube and the audio on all your favorite podcast apps:
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Here are a few of the articles that we will discuss during the podcast:
Here’s the live stream for today’s episode starting at 4:00 p.m. ET (or the video after 5 p.m. ET:
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Wallbox is ramping up its partnership with distributor Codale Electric Supply to roll out more EV chargers across the Mountain West, a region that’s seeing a rapid escalation of electrification programs and regional highway corridor build-outs.
Codale has become one of Wallbox’s most active distributors over the past two years, helping contractors, developers, and fleet operators procure Wallbox gear while also providing technical support and logistics. Now the two companies are scaling both AC and DC fast charging across Utah, Idaho, Wyoming, and Nevada.
Under the new agreement, Codale will prioritize Wallbox Supernova DC fast chargers and Pulsar Family AC chargers. Codale is already coordinating upgrades of older charging systems and installing new ones across public, commercial, and multifamily sites. Early projects include collaborations with several charge point operators and large commercial portfolios, some of which are rolling out Supernova units in Q4.
The Mountain West has become a hotspot for charging expansion, and Wallbox and Codale say their partnership is designed to keep pace by streamlining installation and improving network reliability.
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Ignasi Alastuey, Wallbox’s chief business officer, said, “This partnership combines Wallbox’s innovation with Codale’s on-the-ground capabilities to rapidly scale charging networks across the Mountain West and set a new benchmark for EV infrastructure growth.”
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EcoFlow launches next Black Friday Sale phase with up to 80% off expanded lineup – starts from $149
EcoFlow has officially switched to its next Black Friday Sale phase of deals with up to 80% discounts, plenty of FREE gifts, bonus savings, and more. Among the new lineup, we spotted EcoFlow’s DELTA Pro Portable Power Station bundled with 2x 220W solar panels and a FREE protective bag at $1,699 shipped, which is not only being exclusively offered direct from the brand, but is also dropping things lower than ever. One thing to note here is that, sadly, the extra savings code isn’t valid on this bundle. It would normally run you $5,199 for everything (including the $99 bag), with the bagless bundle at Amazon keeping lower at a starting rate of $3,999 and only dropping to $1,999 right now. This deal comes in $100 under its previous offer during the brand’s Halloween Sale, giving you a total $2,300 off the going rate ($3,500 off the MSRP) for the best new price that we have tracked anywhere. Be sure to head below to check out the newest phase of full Black Friday deals.
EcoFlow’s DELTA Pro power station is among the most beloved and highly rated backup power solutions from under the brand’s flag, and this solar bundle is quite the setup to grab now that it’s fallen so low in price. Covering away-from-home trips, as well as at-home emergencies, this station starts at a 3,600Wh LiFePO4 capacity that you can expand up to its 25kWh max with further investments. Your devices and appliances can receive up to 3,600W of regular power through the 14 output ports, with it even surging as high as 7,200W for those larger appliances that need more. You’ll be 440W closer to reaching its 1,600W max solar input, thanks to the bundled panels, with additional options for recharging from an AC outlet, as well as your car’s auxiliary port (or by using a compatible alternator charger).
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***Note: EcoFlow is continuing the usage of the promo code 25EFBFAFF at checkout for an extra 5% savings off your cart’s total, with none of the prices below having it factored in. Keep in mind that a number of offers are ineligible to receive the extra savings, but be sure to try it at checkout to ensure you’re getting the best possible savings during EcoFlow’s Black Friday Sale!
EcoFlow’s other direct Black Friday website-only deals/bundles:
RAPID Mag Qi2 10,000mAh 15W magnetic power bank: $55 (Reg. $90)
RAPID Mag Qi2.2 10,000mAh 25W magnetic power bank with built-in cable: $70 (Reg. $100)
DELTA 2 (2,048Wh) with extra battery and 2x 110W panels: $899 (Reg. $2,646)
Save thousands for Black Friday on Samsung smart washer/dryers, refrigerators, ovens, and more starting from $269
As part of Samsung’s ongoing Black Friday Sale event, we’re seeing deals that can save you hundreds to thousands of dollars on the smartest home appliance upgrades, including the Bespoke AI All-in-One Ventless Washer/Dryer Combo at $1,999 shipped, which is actually going for $110 less at Best Buy. There’s also the newer Vented Bespoke AI All-in-One Combo at $1,999 shipped, which you won’t find at Best Buy. The ventless model normally fetches $3,299 without discounts ($3,099 for the vented counterpart) direct from the brand, and starts lower at $2,970 at Best Buy, with 2025 having seen it more often down at $2,199 during sales. While we have seen it go lower in the past, especially 2024, you’re otherwise looking at the best prices we have tracked this year, letting you upgrade to a smarter way to do laundry with up to $1,300 savings, or save more by going with Samsung’s open-box option for $1,599 on the washer/dryer’s sale page down on the right-side options.
Alongside the washer/dryer combos above, we’ve curated a full list of Samsung’s best Black Friday appliance deals on other washers, dryers, refrigerators, ovens, dishwashers, and more that you can browse by checking out our original coverage of this sale here.
Autel’s MaxiCharger AC Lite level 2 EV charger grants up to 50A speeds at new $398 Black Friday low (Save $171)
Lectric XP4 Standard Folding Utility e-bikes with $326 bundle: $999 (Reg. $1,325)
Lectric XP Lite 2.0 Long-Range e-bikes with $449 bundles: $999 (Reg. $1,448)
Heybike Mars 2.0 Folding Fat-Tire e-bike with Black Friday gift: $999 (Reg. $1,499)
Heybike Ranger S Folding Fat-Tire e-bike with Black Friday gift: $999 (Reg. $1,499)
Best new Green Deals landing this week
The savings this week are also continuing to a collection of other markdowns. To the same tune as the offers above, these all help you take a more energy-conscious approach to your routine. Winter means you can lock in even better off-season price cuts on electric tools for the lawn while saving on EVs and tons of other gear.