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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.
Generally, ISO stock is awarded only to top management and highly-valued employees. ISOs also are called statutory or qualified stock options.
Failure to get board approval Let's start with an obvious one that founders routinely miss in the early days: Stock option grants must be approved by the board. If the board doesn't approve (either at a board meeting or by unanimous written consent), the stock options haven't actually been granted.
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.
Incentive stock options, or ISOs, are a type of equity compensation granted only to employees, who can then purchase a set quantity of company shares at a certain price, while receiving favorable tax treatment. ISOs are often awarded as part of an employee's hiring or promotion package.
The ISO $100K limit, also known as the ?ISO limit? or ?$100K rule,? exists to prevent employees from taking too much advantage of the tax benefits associated with ISOs. It states that employees can't receive more than $100,000 worth of exercisable ISOs in a given calendar year.
Key Characteristics of ISOs Once the options are exercised, the employee has the freedom to either sell the stock immediately or wait for a period of time before doing so. Unlike non-statutory options, the offering period for incentive stock options is always 10 years, after which time the options expire.
Before options can be written, a stock must be properly registered, have a sufficient number of shares, be held by enough shareholders, have sufficient volume, and be priced high enough.