Maryland Incentive and Nonqualified Share Option Plan

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Multi-State
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US-CC-5-168
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This is a multi-state form covering the subject matter of the title.

The Maryland Incentive and Nonqualified Share Option Plan is a compensation program designed to encourage employee participation and incentivize performance within Maryland-based companies. This plan offers two types of stock option programs — Incentive Stock OptionsSOSOs) and Nonqualified Stock Options (SOS). 1. Incentive Stock Options (SOS): SOS are granted to employees with specific terms and conditions outlined by the plan. These options provide favorable tax treatment as they are subject to long-term capital gains tax rates upon exercise. SOS are typically offered to key employees and are meant to align the employees' interests with the long-term success and growth of the company. 2. Nonqualified Stock Options (SOS): SOS provide employees with the right to purchase company stock at a predetermined price, usually referred to as the exercise or strike price. Unlike SOS, SOS do not offer special tax treatment and are typically more flexible in terms of eligibility requirements and grant terms. SOS are often offered to a broader group of employees, including executives, consultants, and contractors. The Maryland Incentive and Nonqualified Share Option Plan is tailored to the specific legal and regulatory framework within the state of Maryland. It ensures compliance with Maryland state laws while granting employees the opportunity to acquire company shares at a set price, fostering a sense of ownership and motivation. The plan includes various key elements such as eligibility criteria, vesting schedules, exercise periods, and the maximum number of shares that can be granted to each individual. It outlines the procedures for granting, exercising, and transferring options, as well as provisions for adjustment in case of stock splits, mergers, or other corporate events affecting the stock. Through the Maryland Incentive and Nonqualified Share Option Plan, companies can attract and retain top talent, align employees' interests with company performance, and motivate individuals to contribute to the growth and profitability of the organization. This compensation program has proven to be an effective tool for enhancing employee engagement, fostering loyalty, and driving long-term success in Maryland-based companies.

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FAQ

Income tax upon exercise When you exercise NSOs and opt to purchase company shares, the difference between the market price of the shares and your NSO strike price is called the ?bargain element.? The bargain element is taxed as compensation, which means you'll need to pay ordinary income tax on that amount.

ISOs have more favorable tax treatment than non-qualified stock options (NSOs) in part because they require the holder to hold the stock for a longer time period. This is true of regular stock shares as well.

NQOs are unrestricted. As such, they can be offered to anyone. That means that you can extend them to not just standard employees, but also directors, contractors, vendors, and even other third parties. ISOs, on the other hand, can only be issued to standard employees.

Unlike NQSOs, ISOs cannot be transferred to others (e.g. upon divorce or by gifting).

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.

ISOs have more favorable tax treatment than non-qualified stock options (NSOs) in part because they require the holder to hold the stock for a longer time period. This is true of regular stock shares as well.

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.

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.

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Maryland Incentive and Nonqualified Share Option Plan