Colorado Incentive and Nonqualified Share Option Plan

State:
Multi-State
Control #:
US-CC-5-168
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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  • Preview Incentive and Nonqualified Share Option Plan
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  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
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FAQ

qualified stock option (NQSO) is a type of stock option that does not qualify for special favorable tax treatment under the US Internal Revenue Code. Thus the word nonqualified applies to the tax treatment (not to eligibility or any other consideration).

NQOs are unrestricted. As such, they can be offered to anyone. That means that you can extend them to not just standard employees, but also directors, contractors, vendors, and even other third parties. ISOs, on the other hand, can only be issued to standard employees.

Here's a real-world example: If you exercise one of these NSOs, you'll pay your company $3 to buy a share. But the IRS views that share to be worth $35. The difference between the $3 and the $35 counts as a $32 phantom gain (also called the spread). The phantom gain is taxed at ordinary income rates.

NQOs are unrestricted. As such, they can be offered to anyone. That means that you can extend them to not just standard employees, but also directors, contractors, vendors, and even other third parties. ISOs, on the other hand, can only be issued to standard employees.

Stock options grant employees the right to purchase shares, but it's not an obligation for them to do so. ISOs have the potential for favorable tax treatment. If a stock option isn't an ISO, it's typically referred to as a nonqualified stock option. NQOs don't qualify for special tax treatment.

A disqualifying disposition of Incentive Stock Options (ISO) is a sale or transfer of ISO shares within two years of the grant and one year of exercise. It is considered an unfavorable tax situation, as the shares are treated as ordinary income, and the holder loses the preferential tax treatment that comes with ISOs.

Only employees can receive ISOs, whereas NSOs may be granted to any service providers (e.g., employees, directors, consultants, and advisors). ISOs must be exercised within three months following termination of employment (even if the holder continues providing services in some other capacity).

Qualified Stock Option (NSO) is much like an ISO. However, unlike ISOs, NSOs are eligible for any service providers, e.g. employees, consultants, and directors, and may or may not include a vesting schedule. Their expiration is more flexible without a fixed period. They don't qualify for special tax treatment.

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Colorado Incentive and Nonqualified Share Option Plan