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Non-qualified stock options give employees the right, within a designated timeframe, to buy a set number of shares of their company's shares at a preset price. It may be offered as an alternative form of compensation to workers and also as a means to encourage their loyalty with the company. 1?
What would cause a nonstatutory stock option to be taxable upon grant? Nonstatutory stock options are never taxable upon grant. If the value of the stock option was readily determinable at the time of grant. If the stock option was fully vested at the time of the grant.
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.
Tax treatment of NSOs Typically, NSOs are taxed at the date of exercise rather than the date of grant. The amount subject to ordinary income tax is the difference between the fair market value (FMV) at the time of exercise and the strike price.
For nonstatutory options without a readily determinable fair market value, there's no taxable event when the option is granted but you must include in income the fair market value of the stock received on exercise, less the amount paid, when you exercise the option.
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.
If you exercise the nonstatutory option, you must include the fair market value of the stock when you acquired it, less any amount you paid for the stock. When you sell the stock, you report capital gains or losses for the difference between your tax basis and what you receive on the sale.
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.