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Incentive Stock Options (ISO) are one example of a qualified stock option plan. With ISO plans, there is no tax due at the time the option is granted and no tax due at the time the option is exercised. Instead, the tax on the option is deferred until the time you sell the stock.
Qualified stock options, also known as incentive stock options, can only be granted to employees. Non-qualified stock options can be granted to employees, directors, contractors and others. This gives you greater flexibility to recognize the contributions of non-employees.
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.
Nonqualified: Employees generally don't owe tax when these options are granted. When exercising, tax is paid on the difference between the exercise price and the stock's market value. They may be transferable. Qualified or Incentive: For employees, these options may qualify for special tax treatment on gains.
To qualify, ESPPs generally have to be available to all full-time employees with a certain amount of time vested in the job. Participants may need to hold their shares for at least one year after the purchase date and two years after the grant date to take advantage of the long-term capital gains rate.
Employee Stock Purchase Plan: Qualified or Non-qualified This means that there is more flexibility in how a non-qualified plan can be designed, but a qualified plan is treated more favorably on taxation as there's no taxable event when shares are purchased.
An employee stock ownership plan (ESOP) is an IRC section 401(a) qualified defined contribution plan that is a stock bonus plan or a stock bonus/money purchase plan.
Making ESO Offers Declare the type of stock options employees will receive (ISOs or NSOs). Explain the value in terms of the number of shares rather than the percentage of the company. State that the board must approve all stock option grant amounts before the offer letter becomes valid.