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Subject:   Tax Question about same day sale of NQSO
Date:   Fri, 4 Jun 1999
From:   Anonymous

Hi,

I exercised some NQSO's in December of last year. The exercise form shows three prices for the shares, "Market Price," "Sale Price" and "Option Price." In my case, the "Market price" was around $104, the sale price was around $100 and the option price was about $43. This was a same day sale.

The exercise form sent by my company showed W-2 income as the difference b/w sale price and option price, i.e. $57 per share (100 - 43).

But when I do my taxes in Turbo Tax, it asks separately for market price and sale price, then says the ordinary W-2 income should be the diff. b/w market price and option price, i.e. $61 per share (104 - 43), and then there should be a short term capital loss for the difference b/w market price and sale price, i.e., $4 per share (104 - 100).

Which one is correct?

Thanks. I've already ordered your NQSO document listed on your website.

Answer

Date:   Wed, 28 Jul 1999

Sorry I haven’t written back to you sooner.

Technically, the compensation is based on the excess of the fair market value of the stock received over the option price.

I couldn’t find any rulings specifically about the "same day sale" scenario.

You can talk with the employee benefits department at your employer about this matter.

It might be best for you to "go with the flow" and follow the W-2. To do this, simply indicate on Turbo-Tax that the fair market value of the shares is the same as the sales price.

Good luck!

Mike Gray

For more information about non-qualified stock options, request our free report, Non-Qualified 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.