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Employee stock options are offered by companies to their employees as equity compensation plans. These grants come in the form of regular call options and give an employee the right to buy the company's stock at a specified price for a finite period of time.
?ISOs have no tax withholding and no Social Security or Medicare tax. Income is reported on Form W-2 only with a disqualifying disposition.
If this amount is not included in Box 1 of Form W-2, add it as "Other Income" on your Form 1040. Report the sale on your 2023 Schedule D, Part I as a short-term sale. The sale is short-term because not more than one year passed between the date you acquired the actual stock and the date you sold it.
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 option plan must be approved by the stockholders within 12 months before or after the plan is adopted (see also Explanation: §423, Shareholder Approval Requirement) (IRC § 422(b)(1); Reg. §1.422-3).