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Taxation of Employee - OPTION

Nonqualified Stock Options

No tax on grant or vesting. Tax on spread at exercise. Tax on sale of shares. Long-term capital gain rates apply if shares held more than 1 year.

Incentive Stock Options:

No tax on grant, vesting or exercise (except Alternative Minimum Tax may apply to spread at exercise).

Tax on sale (generally, capital gain but ordinary income may apply to portion of gain up to spread at exercise if disqualifying disposition). Long-term capital gain rates apply if shares held more than 1 year.

Sub Deduction - OPTION

Nonqualified Stock Options

Yes, on spread at exercise. No reimbursement to parent required.

Incentive Stock Options

Only if disqualifying disposition.

Withholding and Reporting - OPTION

Nonqualified Stock Options

Income Tax:

Yes.

Social Insurance Contribution:

Yes, employer pays its share and withholds employee's share.

Incentive Stock Options

Income Tax:

No withholding.

Reporting of exercise and disqualifying disposition of shares.

Social Insurance Contributions:

No.

Securities Restrictions - OPTION

Nonqualified Stock Options

Yes, but simple registration (Form S-8) applies for public company plans and exemptions are generally available for most private company plans.

Incentive Stock Options

Yes, but simple registration (Form S-8) applies for public company plans and exemptions are generally available for most private company plans.

Exchange Controls - OPTION

Nonqualified Stock Options

No.

Incentive Stock Options

No.

Plan Entitlement - OPTION

Nonqualified Stock Options

No.

Incentive Stock Options

No.

Data Privacy - OPTION

While there are no federal data privacy requirements, please note, the California Consumer Privacy Act ("CCPA") became effective as of 1 January 2020. The CCPA imposes a broad range of new requirements for the collection and processing of personal data of California residents.

Other U.S. states may have or may adopt similar data privacy requirements.