California Key Employee Stock Option Award Agreement
Description
How to fill out Key Employee Stock Option Award Agreement?
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FAQ
In the state of California, stock options are often viewed as a form of compensation akin to wages, especially when granted as part of an employment package. However, the treatment of stock options can vary based on the circumstances under which they're awarded and the specific terms of employment agreements.
Restricted stock awards represent actual ownership of stock and come with conditions on the timing of their sale. An employee benefits from stock options when they buy the stock at the exercise price and then sell it at a higher price.
Income resulting from an NSO that has a fair market value at the time it is granted is considered wages for California employment tax purposes and is subject to UI, ETT, SDI, and PIT withholding and reportable as PIT wages at the time the option is granted.
Incentive stock options (ISOs), also known as statutory or qualified options, are generally only offered to key employees and top management. They receive preferential tax treatment in many cases, as the IRS treats gains on such options as long-term capital gains.
Payments are considered wages even if the employee is a casual worker, a day or contract laborer, part-time or temporary worker, or paid by the day, hour, or any other method or measurement. Wages include, but are not limited to: Salaries, hourly pay, piece rate, or payments by the job. Commissions and bonuses.
Stock option grants are how your company awards stock options. This document usually includes details about: The type of stock options you'll receive (ISOs or NSOs) The number of shares you can purchase. Your strike price.
Commissions are a form of wages in California. Under the Labor Code, wages must be paid within a specified time period after they are earned. As previously noted, employees who quit or are terminated typically must be paid their final wages on their last day of employment, or penalties may accrue.
If your employer grants you a statutory stock option, you generally don't include any amount in your gross income when you receive or exercise the option. However, you may be subject to alternative minimum tax in the year you exercise an ISO. For more information, refer to the Instructions for Form 6251.