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This page last updated on
July 5, 2006

Employee Stock Options
Tax issues for incentive stock options and non-qualified stock options

If you were granted nonqualified stock options (NSO) from your employer, consider your other income before you exercise the options. Try to exercise them during a year when your income keeps you in the lower tax brackets. Why? Once you exercise the options, the difference between the fair market value of the stock on the date of exercise and the amount you paid for the option is included as additional compensation on your W-2. A later sale of the stock is reported as long-term capital gain income provided you held the stock for more than one year.

If you were granted an incentive stock option (ISO), the tax consequences are a bit different. The character of the income depends on when the stock is sold. If the ISO stock is held for at least one year and the ISO was granted at least two years before the sale, the gain upon sale is treated as long-term capital gain.

 

However, a disqualifying disposition occurs if the stock is sold within two years of the grant date or within one year of the exercise date. In this case, the difference between the fair market value of the stock and the option price on the date of exercise is treated as ordinary income and is included in taxable wages on your Form W-2 in the year the stock is sold. The remainder of the gain would be ordinary income or capital gain, depending on how long you held the stock.

ISOs are also subject to an alternative minimum tax (AMT) trap. If you exercise the ISO, but do not sell the underlying stock in the same tax year, the difference between the fair market value on the date of exercise and the option price are included in your income to calculate AMT.

If your income fluctuates from year to year, or you are considering retirement, exercising your stock options in a low-income year will save you tax dollars. Careful planning also may help you avoid AMT.

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