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Once approved by the stockholders, an ESPP does not need to be approved by the stockholders again unless there is an amendment to the ESPP that would be considered the ?adoption of a new plan.? As a practical matter, this means a change in the number of shares reserved for issuance or a change in the related ...
To receive the incentive, you must hold (keep) ISOs for at least one year after exercise and two years after the grant date. If you hold your stock for at least a year after purchase, you will pay the lower capital gains tax rate on the increase in value.
A stock option plan must be adopted by the company's directors and, in some cases, approved by the company's shareholders.
The option plan must be approved by the stockholders within 12 months before or after the plan is adopted (see also Explanation: §423, Shareholder Approval Requirement) (IRC § 422(b)(1); Reg. §1.422-3).
A stock option plan is a mechanism for affording selected employees and executives or managers of a company the opportunity to acquire stock in their company at a price determined at the time the options are granted and fixed for the term of the options.
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.
Once you have a plan in place, you can simply make amendments to increase the number of shares in the option pool on an as-needed basis. The initial plan and any expansions must be approved by your board of directors and then by shareholders.
An incentive stock option (ISO) is a corporate benefit that gives an employee the right to buy shares of company stock at a discounted price with the added benefit of possible tax breaks on the profit.