District of Columbia Proposal Approval of Nonqualified Stock Option Plan

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Multi-State
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US-CC-18-156-NE
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FAQ

Non-qualified stock options can go to employees as well as independent contractors, partners, vendors and other people not on the company payroll. NSOs don't qualify for favorable tax treatment for the recipient but allow the company to take a tax deduction when the options are exercised.

The US federal tax laws do not generally address the level of approval required for equity awards, but the tax rules that govern the qualification of so-called incentive stock options require that the options be granted under a shareholder-approved plan.

In case of an ISO, tax is not due until the holder/employee sells the stock option. On the other hand, for an NSO, taxes must be paid as soon as the stock option is exercised. Which means at the time of the recipient/holder paying for the stock option.

There are many requirements on using ISOs. First, the employee must not sell the stock until after two years from the date of receiving the options, and they must hold the stock for at least a year after exercising the option like other capital gains. Secondly, the stock option must last ten years.

NSOs vs. RSUs NSOs give you the option to buy stock, but you might decide to never exercise them if the company's valuation falls below your strike price. In comparison, restricted stock units (RSUs) are actual shares that you acquire as they vest. You don't have to pay to exercise RSUs; you simply receive the shares.

Non-qualified stock options give employees the right, within a designated timeframe, to buy a set number of shares of their company's shares at a preset price. It may be offered as an alternative form of compensation to workers and also as a means to encourage their loyalty with the company.

qualified stock option (NSO) is a type of stock option used by employers to compensate and incentivize employees. It is also a type of stockbased compensation.

Non-qualified Stock Options (NSOs) are stock options that, when exercised, result in ordinary income under US tax laws on the difference, calculated on the exercise date, between the exercise price and the fair market value of the underlying shares.

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District of Columbia Proposal Approval of Nonqualified Stock Option Plan