New York Stock Option Agreement
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How to fill out Stock Option Agreement?
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FAQ
Stock options are a form of equity compensation that allows an employee to buy a specific number of shares at a pre-set price. Many startups, private companies, and corporations will include them as part of a compensation plan for prospective employees.
An incentive stock option (ISO) is a qualified stock option that provides added tax benefits to employees. Unlike common stock, a stock option provides its holder with the right to buy shares of the company's stock at a set price (the ?exercise price? or ?strike price? ) at a future date.
If a stock option isn't an ISO, it's typically referred to as a nonqualified stock option. NQOs don't qualify for special tax treatment. The favorable tax treatment is the main advantage of ISOs for employees, and this includes long-term capital gains and no recognition of income when they exercise their options.
ISOs can often be exercised to purchase shares at a price below the current market price and, thus, provide an immediate profit for the employee. Employee stock options (ESOs) typically have a vesting schedule that must be satisfied before the employee can exercise the options.
Non-qualified stock options (NSOs) provide employees and other stakeholders with the right (but not the obligation) to purchase shares of company stock at a predetermined price. NSOs can be profitable if a company's stock price rises more than the exercise price.
Under ESOS, employees are given an option to purchase shares at a later date, i.e. after the vesting period. Under ESOPs, employees are given an option to purchase shares on the spot at a discounted price. The company may specify the lock-in period for the shares issued pursuant to the exercise of the option.
Only employees can receive ISOs, whereas NSOs may be granted to any service providers (e.g., employees, directors, consultants, and advisors). ISOs must be exercised within three months following termination of employment (even if the holder continues providing services in some other capacity).
With NSOs, you could trigger taxes both when you exercise and when you sell your options. This usually means you pay more taxes with NSOs than with ISOs. When you exercise an NSO, any spread between the FMV on the date you exercise and the price you are paying for the stock is considered ordinary income to you.