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Subject:   AMT vs short term Capital gains
Date:   Mon, 8 Jan 2001
From:   Raghu

Hi,

If I exercise my option and sell it within a week (basically in a short while), will the gain be considered as short term capital gain instead of income. I know that the tax rates will be the same, but if it is a capital gain, I can use it to write off capital losses for the previous year.

In this case, do I still have to pay an AMT or can I just pay the tax as usual (prepay the relevant amount)

Please let me know

Thanks - Raghu

Answer

Date:   12 Feb 2001

Hello Raghu,

The income from a disqualifying disposition of ISO stock is ordinary income, not a short-term capital gain.

However, any excess of the net sales price of the stock over the fair market value of the stock on the date of exercise is taxed as capital gain.

If the stock is sold during the year of exercise, there is no AMT adjustment.

Good luck!

Mike Gray

For more information about incentive stock options, request our free report, Incentive Stock Options - Executive Tax and Financial Planning Strategies.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.