By James May 12, - 6: Statutory stock options cannot be sold until at least a year after the exercise date and two years after the date the option was granted. Copyright This website is made available by the lawyer or law firm publisher for educational purposes only as well as to give general information and a general understanding of the law, not to provide specific legal advice. The Tax Institute Our experts share insights on the latest tax topics. Employees or independent contractors receiving nonstatutory stock options are taxed upon receipt, if the option has a readily ascertainable fair market value FMV. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. A graduate of Oberlin College, Fraser Sherman began writing in
Jan 31, · For nonstatutory options without a readily determinable fair market value, there's no taxable event when the option is granted but you must include in income the fair market value of the stock received on exercise, less the amount paid, when you exercise the option.
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BREAKING DOWN 'Statutory Stock Option'
UNLESS you sold the stock on the same day as you exercised the options it's unlikely that your proceeds and basis, (and I'm talking about how you report the trade on your income tax return, not how the broker reports the trade), would be the same. If a company grants you stock options outside a stock-purchase or incentive plan, it's a nonstatutory option. The tax-reporting requirements depend on whether you can determine the value of the option. The most important difference is that the exercise of ISO does not result in a tax burden, while the exercise of a non-qualified stock option does (except in very specific circumstances). also called non-qualified stock option.