18-223D 18-223D . . . Stock Option Plan which provides for grant of Non-qualified Stock Options to Non-employee directors at such times and in such quantities as the Board considers to be warranted from time to time (as permitted by August 15, 1996 amendment to Rule 16b-3 under the Act)
Nevada Nonemployee Directors Nonqualified Stock Option Plan of Cucos, Inc.
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FAQ
A share option is a contract issued to an employee (or another stakeholder) giving them the right to purchase shares in a company at a later date for a predetermined strike price.
These stock options are also given to contractors, consultants and other non-employees if companies want to give them more than $100,000 worth of stock annually. Because NSOs do not meet the requirements of IRS Code Section 422, they do not benefit from the (potential) corresponding tax benefits that ISOs benefit from.
For example, if you're based in the US, you can offer ISOs to your domestic employees. However, as you cannot use an EOR to offer ISOs to foreign employees, you would need to offer an alternative, such as NSOs, RSUs, or VSOs.
Stock options are only for people Finally, Rule 701 generally provides that only natural persons can be granted options under a stock option plan. This issue often arises when a consultant provides services to the company and asks to have their options titled in the name of their LLC.
Qualified stock options, also known as incentive stock options, can only be granted to employees. Non-qualified stock options can be granted to employees, directors, contractors and others. This gives you greater flexibility to recognize the contributions of non-employees.
The income related to the option exercise should be included in the Form W-2 you receive from your employer or 1099-NEC from the company if you are a non-employee. Any capital gain or loss amount may also be reportable on your US Individual Income Tax Return (Form 1040), Schedule D and Form 8949 in the year of sale.