Pennsylvania 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

NQOs are unrestricted. As such, they can be offered to anyone. That means that you can extend them to not just standard employees, but also directors, contractors, vendors, and even other third parties. ISOs, on the other hand, can only be issued to standard employees.

Contributions to a nonqualified plan will lower your current income taxes (you must still pay Social Security and Medicare taxes). You will owe taxes when you receive your plan payouts so it provides a way to manage the timing of your tax payments prior to retirement.

Distributions from a nonqualified deferred compensation plan that are attributable to elective deferrals are subject to Pennsylvania Personal Income Tax.

Retirement income is not taxable: Payments from retirement accounts like 401(k)s and IRAs are tax exempt. PA also does not tax income from pensions for residents aged 60 and over. Social Security income is not taxable: Just like with a pension, in Pennsylvania, Social Security is tax exempt.

Thirty-six states, plus New York City, have passed laws enacting a PTE tax. Maine, Pennsylvania, and Vermont have bills pending. Though they have different PTE tax statuses, Pennsylvania and New York state are both struggling with state-specific complexities.

Some types of income are exempt from Pennsylvania state income tax, including child support, alimony, unemployment payments, and some capital gains on the sale of a primary residence. Some deductions are allowed for contributions to educational savings accounts and medical or health savings accounts.

Annuities, Life Insurance, and IRAs Investment in an annuity that is not an employer-sponsored retirement plan may have Pennsylvania taxable income when withdrawal on the annuity begins, regardless of age. The same applies for life insurance contracts.

Non-qualified stock options are more straightforward, as the tax implications at exercise are generally agreed to be easier to understand. Incentive stock options, while more complicated, offer the opportunity for long-term capital gains if you meet the requisite holding period requirements.

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Pennsylvania Incentive and Nonqualified Share Option Plan