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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.
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.
You report the taxable income only when you sell the stock. And, depending on how long you own the stock, that income could be taxed at capital gain rates ranging from 0% to 23.8% (for sales in 2023)?typically a lot lower than your regular income tax rate.
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.
Stock options grant employees the right to purchase shares, but it's not an obligation for them to do so. ISOs have the potential for favorable tax treatment. If a stock option isn't an ISO, it's typically referred to as a nonqualified stock option. NQOs don't qualify for special tax treatment.
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