New Jersey Nonqualified Stock Option Agreement of N(2)H(2), Inc.
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FAQ
In this situation, you exercise your option to purchase the shares but you do not sell the shares. Your compensation element is the difference between the exercise price ($25) and the market price ($45) on the day you exercised the option and purchased the stock, times the number of shares you purchased.
Non-qualified stock options (NSOs or NQSOs) are a type of stock option that does not qualify for tax-advantaged treatment for the employee like ISOs do. NSOs can also be issued to other non-employee service providers like consultants, advisors, and independent board members.
Some NQSOs may allow you to opt for an 83(b) election. You can likely check your company plan document to confirm whether this is available for you. With an 83(b) election, you may choose to exercise your non-qualified stock options and pay income taxes prior to the option vesting.
The receipt of consideration for the option is not taxable until the option either is exercised or has lapsed. If the option is exercised, the consideration is treated as part of the selling price and included in computing the gain or loss in the sale of the stock.
If you exercised nonqualified stock options (NQSOs) last year, the income you recognized at exercise is reported on your W-2. It appears on the W-2 with other income in: Box 1: Wages, tips, and other compensation.
What Is a Non-Qualified Stock Option (NSO)? A non-qualified stock option (NSO) is a type of employee stock option wherein you pay ordinary income tax on the difference between the grant price and the price at which you exercise the option.
Nonqualified: Employees generally don't owe tax when these options are granted. When exercising, tax is paid on the difference between the exercise price and the stock's market value. They may be transferable. Qualified or Incentive: For employees, these options may qualify for special tax treatment on gains.
If you exercise one of these NSOs, you'll pay your company $3 to buy a share. But the IRS views that share to be worth $35. The difference between the $3 and the $35 counts as a $32 phantom gain (also called the spread). The phantom gain is taxed at ordinary income rates.