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The main difference between ISOs and NSOs is that ISOs come with no tax liability on exercise, but come with a set of requirements, whereas NSOs come with tax liability on exercise, but do not have the same requirements.
So start off right: Plan ahead. Your first step is planning. ... Manage your equity. ... Set some guidelines for stock options. ... Get a 409A valuation. ... Use the 409A to set the strike price. ... Adopt your vesting and cliff schedule. ... Set an expiration timeline. ... Create an ESO agreement and get your board's approval.
When you exercise an NSO, any spread between the FMV on the date you exercise and the price you are paying for the stock is considered ordinary income to you. Your company will usually withhold ordinary income tax (including federal, payroll and any applicable state taxes).
A company grants an employee options to buy a stated number of shares at a defined grant price. The options vest over a period of time and/or when certain individual, group, or corporate goals are met.
In the case of a nonemployee, income from the exercise of NSOs would be reflected on Form 1099-MISC.
In this situation, you exercise your option to purchase the shares but you do not sell the shares. Your compensation element is the difference between the exercise price ($25) and the market price ($45) on the day you exercised the option and purchased the stock, times the number of shares you purchased.
Here's a real-world example: If you exercise one of these NSOs, you'll pay your company $3 to buy a share. But the IRS views that share to be worth $35. The difference between the $3 and the $35 counts as a $32 phantom gain (also called the spread). The phantom gain is taxed at ordinary income rates.
Non-qualified stock options require payment of income tax of the grant price minus the price of the exercised option. NSOs might be provided as an alternative form of compensation. Prices are often similar to the market value of the shares.