Subject: What to do.
Date: Tue, 25 Jan 2005
From: Kristen
Hello - Your website was very useful and I learned quite a lot - Thank you!
I am fully vested in the following two ISO plans from my
employer:
Exercise cost $50,000 (worth $225,000 today)
Exercise cost $100,000 (worth $375,000 today)
It is my understanding that I can't exercise more than $100,000
per year. Is that correct?
Also, after exercising my options, I must hold the stock for a
period of one year or more so the tax would be considered capital
gains as opposed to ordinary income. Is that correct?
One issue I am not clear about is the "two years from grant"
limitation. Both of my plans were granted more than two years
ago and I am wondering how that affects me?
Thanks!
Answer
Date: Wed, 09 Feb 2005
Hello Kristen,
Some of your assertions are not correct.
The $100,000 per year exercise limit is based on the option price
and when the options first can be exercised.
Most importantly, you have neglected any discussion of the
alternative minimum tax, which is critical in ISO planning.
I recommend that you read our report "Executive Tax Planning For
Incentive Stock Options".
Good luck!
Mike Gray
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.