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Generally, ISO stock is awarded only to top management and highly-valued employees. ISOs also are called statutory or qualified stock options.
Depending upon the tax treatment of stock options, they can be classified into qualified and non-qualified stock options. Qualified stock options are also called Incentive Stock Options (ISO).
ISOs can be taxed based on their spread or on any increase or decrease in value. ISO income is exempt from FICA taxes: Medicare and Social Security, but it can be subject to the Alternative Minimum Tax (AMT).
However, RSUs are generally designed to meet the short-term deferral exemption under section 409A. This means payment occurs within the same year of vesting or within two and a half months of the end of the year in which vesting occurred. In such cases, the RSUs are not considered nonqualified deferred compensation.
If this amount is not included in Box 1 of Form W-2, add it as "Other Income" on your Form 1040. Report the sale on your 2023 Schedule D, Part I as a short-term sale. The sale is short-term because not more than one year passed between the date you acquired the actual stock and the date you sold it.
NQSOs can be offered to employees and others, such as contractors, advisors, etc. ISOs are only available to employees. Your ability to exercise remaining vested options will be subject to the terms in your employment agreement, which may offer a post-termination exercise window or options expiration date.
Non-qualified stock options are issued at a grant price. The grant price is the price at which you can buy the company stock. Your options come with a vesting schedule. During the time between the grant date of your options and the day they vest, you can't exercise your option.
What Is a Non-Qualified Stock Option (NSO)? A non-qualified stock option (NSO) is a type of employee stock option wherein you pay ordinary income tax on the difference between the grant price and the price at which you exercise the option.