As
with any type of investment, when you realize a gain, it's considered
income. Income is taxed by the government. How much tax you'll ultimately
wind up paying and when you'll pay these taxes will vary depending
on the type of stock options you're offered and the rules associated
with those options.
There
are two basic types of stock options, plus one under consideration
in Congress. An incentive stock option (ISO) offers preferential
tax treatment and must adhere to special conditions set forth by
the Internal Revenue Service. This type of stock option allows employees
to avoid paying taxes on the stock they own until the shares are
sold.
When
the stock is ultimately sold, short- or long-term capital gains
taxes are paid based on the gains earned (the difference between
the selling price and the purchase price). This tax rate tends to
be lower than traditional income tax rates. The long-term capital
gains tax is 20 percent, and applies if the employee holds the shares
for at least a year after exercise and two years after grant. The
short-term capital gains tax is the same as the ordinary income
tax rate, which ranges from 28 to 39.6 percent.
Tax
implications of three types of stock options
ISO
NQSO
Super stock
option
Employee
exercises options
No tax
Ordinary income
tax (28% - 39.6%)
No tax
Employer
gets tax deduction?
No deduction
Tax deduction
upon employee exercise
Tax deduction
upon employee exercise
Employee
sells options after 1 year or more
Long-term
capital gains tax at 20%
Long-term
capital gains tax at 20%
Long-term
capital gains tax at 20%
Source:
Salary.com.
Nonqualified
stock options (NQSOs) don't receive preferential tax treatment.
Thus, when an employee purchases stock (by exercising options),
he or she will pay the regular income tax rate on the spread between
what was paid for the stock and the market price at the time of
exercise. Employers, however, benefit because they are able to claim
a tax deduction when employees exercise their options. For this
reason, employers often extend NQSOs to employees who are not executives.
Taxes
on 1,000 shares at an exercise price of $10 per share
ISO
NQSO
Employee
exercises when market value is $20 per share
No
tax paid
Tax
= ($20 - $10)*1,000*(0.28) = $2,800
Employee
sells at $30 per share after holding one year or more
($30
- $10)*1,000*(0.20) = $4,000
($30
- $20)*1,000*(0.20) = $2,000
Total
tax paid
$4,000
$4,800
Source:
Salary.com. Assumes an ordinary income tax rate of 28 percent. The
capital gains tax rate is 20 percent.
In
the example, two employees are vested in 1,000 shares with a strike
price of $10 per share. One holds incentive stock options, while
the other holds NQSOs. Both employees exercise their options at
$20 per share, and hold the options for one year before selling
at $30 per share. The employee with the ISOs pays no tax on exercise,
but $4,000 in capital gains tax when the shares are sold. The employee
with NQSOs pays regular income tax of $2,800 on exercising the options,
and another $2,000 in capital gains tax when the shares are sold.
Penalties
for selling ISO shares within a year
The intent behind ISOs is to reward employee ownership. For that
reason, an ISO can become "disqualified" - that is, become
a nonqualified stock option - if the employee sells the stock within
one year of exercising the option. This means that the employee
will pay ordinary income tax of 28 to 39.6 percent immediately,
as opposed to paying a long-term capital gains tax of 20 percent
when the shares are sold later.
Other
types of options and stock plans
In addition to the options discussed above, some public companies
offer Section 423 Employee Stock Purchase Plans (ESPPs). These programs
permit employees to purchase company stock at a discounted price
(up to 15 percent) and receive preferential tax treatment on the
gains earned when the stock is later sold.
Many
companies also offer stock as part of a 401(k) retirement plan.
These plans allow employees to set aside money for retirement and
not be taxed on that income until after retirement.
Some
employers offer the added perk of matching the employee's contribution
to a 401(k) with company stock. Meanwhile, company stock can also
be purchased with the money invested by the employee in a 401(k)
retirement program, allowing the employee to build an investment
portfolio on an ongoing basis and at a steady rate.
Special
tax considerations for people with large gains
The Alternative Minimum Tax (AMT) may apply in cases where an employee
realizes especially large gains from incentive stock options. This
is a complicated tax, so if you think it may apply to you, consult
your personal financial advisor. More and more people are being
affected.