Quick Read
- Elon Musk’s 2018 pay package could cost Tesla $26 billion over two years if a court appeal fails.
- Tesla’s latest compensation deal for Musk is valued at $1 trillion, tied to ambitious performance milestones.
- Massive stock grants to Musk dilute shareholder voting power and could significantly reduce profits.
- Legal uncertainty over Musk’s compensation is causing concern among investors and experts.
- Tesla’s market value remains high despite declining profits and unique compensation risks.
Elon Musk’s Pay Deals: A Billion-Dollar Gamble for Tesla’s Future
In the world of Silicon Valley, few stories rival the drama—and the stakes—of Elon Musk’s compensation packages at Tesla. While headlines often focus on Musk’s trillion-dollar executive pay deal, a quieter yet potentially more damaging legal battle simmers beneath the surface. At its core: the fate of Musk’s 2018 pay package, a deal so large it could erase years of Tesla’s profits.
Years of Profits on the Line: The 2018 Pay Package
Tesla’s board once approved a record-breaking compensation package for Musk in 2018, linking billions in stock options to ambitious company milestones. But as of late 2025, that deal remains entangled in a Delaware Supreme Court case—a direct result of a shareholder lawsuit claiming the negotiations were compromised by board members’ personal ties and own excessive pay. The stakes? If Tesla loses its appeal, it faces a $26 billion accounting hit over just two years, a sum equal to more than half its net income since 2019 (Reuters).
The numbers are staggering. Tesla’s profits, already squeezed by dropping car sales, disappearing subsidies, and costly moonshot bets like humanoid robots, could be further depleted. If the court upholds the original ruling, Tesla must book a $26 billion charge by August 2027, slashing profits by $3.25 billion per quarter—more than Tesla’s earnings in nearly every quarter since it first became profitable.
Shareholder Impact: Wealth Transfer and Dilution
These aren’t just accounting headaches. According to Brian Dunn, director at Cornell University’s Institute for Compensation Studies, such massive CEO pay hits signal that Tesla’s board may be neglecting its fiduciary duties. “They’re backdooring a massive transfer of wealth from the shareholders to the single largest shareholder,” he says. The impact is clear: every stock grant to Musk dilutes the voting power of other shareholders, reducing their stake as the total pool of shares grows.
Schuyler Moore, a Los Angeles corporate finance attorney, puts it bluntly: “Without question, you are hurting the shareholders.” Normally, such a loss would send investors running, devaluing the company. But Tesla is no ordinary stock. For years, its market value has floated on Musk’s promises of future innovations—robotaxis, humanoid robots—rather than present-day profits (Banginews).
The Trillion-Dollar Package: Lofty Goals, Uncertain Rewards
Even if Tesla wins in court, the future remains uncertain. Musk’s latest compensation deal, approved in September, dwarfs even the 2018 package. Valued at $1 trillion, it’s tied to “Mars-shot milestones”—profit goals so ambitious they sound almost science fiction. If Musk hits these targets, each one triggers billions in payouts and new accounting expenses.
The company argues that the package motivates Musk to deliver breakthrough results. But critics say the easiest goals could still trigger tens of billions in payouts—without fundamentally transforming Tesla’s business or profits (Reuters). The maximum payout, $878 billion, reflects a reduction from the $1 trillion headline number, based on the value of shares when the board approved the deal.
Legal Showdown: What Happens Next?
All eyes are now on the Delaware Supreme Court. If Tesla’s appeal succeeds, Musk keeps his 2018 stock options, worth $116 billion today. If not, the replacement package costs Tesla far more than the original $2.3 billion approval price, thanks to soaring share values. Tesla’s board warns that failing to replace the 2018 package could drive Musk away—a threat that adds pressure to an already tense situation.
While Tesla doesn’t pay cash for these stock grants, accounting rules force it to book them as expenses—since those shares could have been sold on the open market. This “non-cash” expense still has real consequences, especially for shareholders whose voting power is diluted as new shares are issued to Musk.
Profit vs. Promise: The Tesla Paradox
Here’s the paradox: Tesla’s financial fundamentals, battered by massive compensation costs and declining profits, seem to matter little to its market value. Investors have long bet on Musk’s vision, not the balance sheet. As Schuyler Moore points out, “nobody seems to care, because this company is in fantasy-land.”
But as compensation packages balloon to previously unimaginable levels, Tesla’s board—and its investors—face a reckoning. Will the promise of future breakthroughs justify the present risks? Or will shareholders demand more traditional accountability?
Assessment: The facts show that Tesla’s extraordinary pay packages for Elon Musk are not just headline-grabbing—they pose real risks to both profits and shareholder value. Whether the court sides with Tesla or not, the company’s approach to executive compensation is testing the limits of corporate governance and raising urgent questions about the future of leadership incentives in high-stakes tech industries.

