Virginia 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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FAQ

Non-qualified stock options offer workers, whether independent contractors or regular employees, the right to obtain a certain amount of the company shares for a set price. Employers tend to offer NSOs as an alternative type of compensation, to make sure they remain loyal and work for the company's best interests.

Nonqualified: Employees generally don't owe tax when these options are granted. When exercising, tax is paid on the difference between the exercise price and the stock's market value. They may be transferable. Qualified or Incentive: For employees, these options may qualify for special tax treatment on gains.

Increased contractor loyalty And once you've found them, you want to incentivise them and build stronger relationships ? even if you don't plan to hire them as an employee. Offering stock options sends a clear signal to your contractor that you value their work and are willing to invest in their future.

Options that exceed the $200,000 threshold are ?non-qualified securities? and thus do not qualify for the Stock Option Deduction.

The US federal tax laws do not generally address the level of approval required for equity awards, but the tax rules that govern the qualification of so-called incentive stock options require that the options be granted under a shareholder-approved plan.

Board Approval The Company's board of directors must approve all stock option grants, including the name of the recipient, the number of shares, the vesting schedule and the exercise price. This can be done either in a board meeting or via unanimous written consent.

Non-qualified stock options often reduce the cash compensation employees earn from employment. The price of these stock options is typically the same as the market value of the shares when the company makes such options available, also known as the grant date.

Income tax upon exercise When you exercise NSOs and opt to purchase company shares, the difference between the market price of the shares and your NSO strike price is called the ?bargain element.? The bargain element is taxed as compensation, which means you'll need to pay ordinary income tax on that amount.

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Virginia Proposal Approval of Nonqualified Stock Option Plan