Idaho Nonqualified Stock Option Agreement of N(2)H(2), Inc.

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Nonqualified Stock Option Agreement of N(2)H(2), Inc. granted to Eric H. Posner dated September 30, 1999. 3 pages
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FAQ

For nonstatutory options without a readily determinable fair market value, there's no taxable event when the option is granted but you must include in income the fair market value of the stock received on exercise, less the amount paid, when you exercise the option.

Taxation on nonqualified stock options As mentioned above, NSOs are generally subject to higher taxes than ISOs because they are taxed on two separate occasions ? upon option exercise and when company shares are sold ? and also because income tax rates are generally higher than long-term capital gains tax rates.

NSO taxation at exercise 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).

If you exercised nonqualified stock options (NQSOs) last year, the income you recognized at exercise is reported on your W-2. It appears on the W-2 with other income in: Box 1: Wages, tips, and other compensation. Box 3: Social Security wages (up to the income ceiling)

NSOs allow employees to assume some of the risks of a new business, but they can also earn higher rewards if the company succeeds. NSOs allow the holder to buy a company's stock at a preset price at some time in the future. IF the holder does not exercise them before the expiration date, they lose the option.

NSOs are seen as a form of normal income that is received from a company. The recipient is taxed on the date the stock options are exercised on the difference of the stock's market value and the grant price. This will appear on a W-2 just like other forms of compensation.

Tax treatment of NSOs Typically, NSOs are taxed at the date of exercise rather than the date of grant. The amount subject to ordinary income tax is the difference between the fair market value (FMV) at the time of exercise and the strike price.

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.

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Idaho Nonqualified Stock Option Agreement of N(2)H(2), Inc.