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Bargain element as income The bargain element in the exercise of an option received for services is considered compensation income. In the example above, you would report $25,000 of income, just as if the company had paid you a cash bonus of $25,000. You're not allowed to treat this amount as capital gain.
The income related to the option exercise should be included in the Form W-2 you receive from your employer or 1099-NEC from the company if you are a non-employee. Any capital gain or loss amount may also be reportable on your US Individual Income Tax Return (Form 1040), Schedule D and Form 8949 in the year of sale. Your non-qualified (NQ) stock options q4cdn.com ? US-Tax-Guide-2020 q4cdn.com ? US-Tax-Guide-2020 PDF
This is called vesting. You can exercise your NSOs as soon as they vest, but you can also choose not to exercise. If you choose to exercise, you can either pay the strike price in cash or, if your company allows it, sell a portion of your shares to cover the cost of exercise (referred to as a ?cashless? exercise).
Form W-2 (or 1099-NEC if you are a nonemployee) Your W-2 (or 1099-NEC) includes the taxable income from your award and, on the W-2, the taxes that have been withheld. This form is provided by your employer. Form 1099-B This IRS form has details about your stock sale and helps you calculate any capital gain/loss.
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.