Massachusetts 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

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.

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.

The excess of the fair market value of the stock at the date the option was exercised over the amount paid for the stock is taxed as compensation at the time the stock is sold. Any additional profit is taxed as capital gain.

Key Characteristics of ISOs Once the options are exercised, the employee has the freedom to either sell the stock immediately or wait for a period of time before doing so. Unlike non-statutory options, the offering period for incentive stock options is always 10 years, after which time the options expire.

Incentive stock options, or ISOs, are a type of equity compensation granted only to employees, who can then purchase a set quantity of company shares at a certain price, while receiving favorable tax treatment. ISOs are often awarded as part of an employee's hiring or promotion package.

Before options can be written, a stock must be properly registered, have a sufficient number of shares, be held by enough shareholders, have sufficient volume, and be priced high enough.

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.

A federal deduction may be allowed for gambling losses but is determined and reported under different rules. Qualified Small Business Stock ? The IRC excludes from income capital gain on the sale of qualified small business stock as defined in IRC section 1202. Massachusetts conforms to that exclusion.

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Massachusetts Approval of Incentive Stock Option Plan