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Nonqualified Stock Options (NSO)

Some companies issue stock options to some of their employees as a form of compensation. These generally come in the form of Nonqualified Stock Options (NSO) or Incentive Stock Options (ISO).

NSOs are generally less restrictive than ISOs and easier to set up and administer. Unlike ISOs, NSOs can be granted to anyone, whether they are an employee or not. This can include outside consultants and non-employee directors, etc. However, NSOs do not satisfy the Internal Revenue Code's conditions for preferential tax treatment.

The person receiving the options does not pay any income tax on them when they are granted, unless they are transferable options and they have a fair market value on the Grant Date that can easily be determined. However, when the option is exercised, they pay ordinary income tax on the difference between the value of the stock and the exercise price. However, the company receives a tax deduction on the same amount. When the stock obtained from the exercise is sold, a capital gain or loss will be incurred on the difference between the what the stock is sold for and the fair market value at the time of the exercise of the option. The type of capital gain (long term or short term) would depend on the length of the time the shares were held after exercise.

Employees can find the fair value of your options as well as make determinations about the best time to exercise your options or determine how much tax you will have to pay when you exercise your options at.

Employers can find the fair value of the options they grant to employees.

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