Texas Proposal Approval of Nonqualified Stock Option Plan

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Multi-State
Control #:
US-CC-18-156-NE
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This is a multi-state form covering the subject matter of the title.
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  • Preview Proposal Approval of Nonqualified Stock Option Plan
  • Preview Proposal Approval of Nonqualified Stock Option Plan
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FAQ

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.

NSOs allow employees to assume some of the risks of a new business, but they can also earn higher rewards if the company succeeds. NSOs allow the holder to buy a company's stock at a preset price at some time in the future. IF the holder does not exercise them before the expiration date, they lose the option.

While Non-Qualified Stock Options are available to anyone, Qualified Stock Options issued by a company can only be given to employees of that company. QSOs must be nontransferable and must have an exercise price that is not lower than the fair market value of the stock at the time the option is granted.

The option plan must be approved by the stockholders within 12 months before or after the plan is adopted (see also Explanation: §423, Shareholder Approval Requirement) (IRC § 422(b)(1); Reg. §1.422-3).

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.

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Texas Proposal Approval of Nonqualified Stock Option Plan