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The option plan must be approved by the stockholders within 12 months before or after the plan is adopted (see also Explanation: §423, Shareholder Approval Requirement) (IRC § 422(b)(1); Reg. §1.422-3).
When you're granted stock options, you have the option to purchase company stock at a specific price before a certain date. Whether you actually purchase the stock is entirely up to you. RSUs, on the other hand, grant you the stock itself once the vesting period is complete. You don't have to purchase it.
An incentive stock option (ISO) is a corporate benefit that gives an employee the right to buy shares of company stock at a discounted price with the added benefit of possible tax breaks on the profit.
Taxes and Incentive Stock Options Your employer isn't required to withhold income tax when you exercise an Incentive Stock Option since there is no tax due (under the regular tax system) until you sell the stock.
Summary of ISO vs. NSO Differences Incentive Stock Options (ISOs)Non-Qualified Stock Options (NSOs)Eligible RecipientsEmployees onlyAny service provider (e.g. employees, advisors, consultants, directors)Tax at GrantNo tax eventNo tax event10 more rows
Your ESPP will have set offering and purchase periods, while a stock option grant has a set term in which you can exercise the options after they vest. The purchase price of stock under a tax-qualified Section 423 ESPP is typically discounted in some way from the market price at purchase.
Incentive stock options (ISOs) are a form of equity compensation that allows you to buy company shares for a specific exercise price. ISOs are a type of stock option?they are not actual shares of stock; you must exercise (buy) your options to become a shareholder.
There are many requirements on using ISOs. First, the employee must not sell the stock until after two years from the date of receiving the options, and they must hold the stock for at least a year after exercising the option like other capital gains. Secondly, the stock option must last ten years.