New York Incentive and Nonqualified Share Option Plan

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Multi-State
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US-CC-5-168
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This is a multi-state form covering the subject matter of the title.
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FAQ

The main difference between ISOs and NQOs is the way that they are taxed. NSOs are generally taxed as a part of regular compensation under the ordinary federal income tax rate. Qualifying dispositions of ISOs are taxed as capital gains at a generally lower rate.

Example: Your NQSOs have an exercise price of $10 per share. You exercise them when the price of your company stock is $12 per share. You have a $2 spread ($12 ? $10) and thus $2 per share in ordinary income. Your company will withhold taxes?income tax, Social Security, and Medicare?when you exercise NQSOs.

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.

If your employer grants you nonqualified stock options, you're receiving a form of equity compensation similar to incentive stock options, or ISOs. However, unlike with ISOs, you may be taxed twice with NSOs. Keeping the tax consequences top of mind can help you make the most of your stock options.

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.

The Cost Basis of Your Non-Qualified Stock Options The cost basis, generally speaking, is equal to the exercise price, multiplied by the number of shares exercised. In our example above, the cost basis is equal to 2,000 shares times $50/share, or $100,000.

ISOs have more favorable tax treatment than non-qualified stock options (NSOs) in part because they require the holder to hold the stock for a longer time period. This is true of regular stock shares as well.

qualified stock option (NQSO) is a type of stock option that does not qualify for special favorable tax treatment under the US Internal Revenue Code. Thus the word nonqualified applies to the tax treatment (not to eligibility or any other consideration).

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New York Incentive and Nonqualified Share Option Plan