Guam Approval of Incentive Stock Option Plan

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US-CC-18-125-NE
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This sample form, a detailed Approval of Incentive Stock Option Plan, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

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).

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.

Because stock plan shares are considered income, ordinary income and FICA taxes2 apply (except for tax-qualified employee stock purchase plans (ESPPs) and incentive stock options (ISOs)). Your company reports these amounts on your W-2 for tax-filing purposes.

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.

If "taken into account" when credited to the employee's account, then any appreciation in the value of the stock is not FICA wages when the executive cashes-out the phantom stock. However, such appreciation is income to the employee and subject to FITW.

The ISO $100K limit, also known as the ?ISO limit? or ?$100K rule,? exists to prevent employees from taking too much advantage of the tax benefits associated with ISOs. It states that employees can't receive more than $100,000 worth of exercisable ISOs in a given calendar year.

Where an award holder is already eligible to retire at grant, the RSU is subject to FICA upon grant. Otherwise, if the award holder becomes eligible to retire prior to the vesting date stated in the award, the RSU is subject to FICA at the time retirement eligibility is achieved.

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. The profit on qualified ISOs is usually taxed at the capital gains rate, not the higher rate for ordinary income.

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Guam Approval of Incentive Stock Option Plan