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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).
An incentive stock option is a type of compensation in the form of an agreement between an employer and an employee that allows the employee to purchase shares of the employer's stock at a specified price (i.e., the ?strike price?).
When you're granted stock options, you have the option to purchase company stock at a specific price before a certain date. Whether you actually purchase the stock is entirely up to you. RSUs, on the other hand, grant you the stock itself once the vesting period is complete. You don't have to purchase it.
Summary of ISO vs. NSO Differences Incentive Stock Options (ISOs)Non-Qualified Stock Options (NSOs)Eligible RecipientsEmployees onlyAny service provider (e.g. employees, advisors, consultants, directors)Tax at GrantNo tax eventNo tax event10 more rows
A stock option provides an employee with the opportunity to purchase a set number of shares of company stock at a certain price within a certain period of time. The price is called the ?grant price? or ?strike price.? This price is usually based on a discounted price of the stock at the time of hire.
Incentive or statutory stock options are offered by some companies to encourage employees to remain long-term with a company and contribute to its growth and development and to the subsequent rise in its stock price.
An incentive stock option (ISO) is a corporate benefit that gives an employee the right to buy shares of company stock at a discounted price with the added benefit of possible tax breaks on the profit. The profit on qualified ISOs is usually taxed at the capital gains rate, not the higher rate for ordinary income.
There are many requirements on using ISOs. First, the employee must not sell the stock until after two years from the date of receiving the options, and they must hold the stock for at least a year after exercising the option like other capital gains. Secondly, the stock option must last ten years.