Taxes on nq stock options
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How are NSOs Taxed?
Non-Qualified Stock Option (NSO) Definition
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All Rights Reserved. The ESO Fund does not provide legal, financial, or tax advice. About Terms of Service Privacy Policy. There are many types of equity compensation, and equally as many strategies for maximizing tax efficiency for each. We will briefly touch on the rules for incentive stock options, but this article will more specifically focus on non-qualified stock options.
Incentive stock options ISOs have specifically defined qualities in the tax code. Some of the more common requirement are. Non-qualified stock options are anything other than incentive stock options. The easiest way to identify your equity award option types is to review the grant document or check with your HR department. At the time of exercise, the employer is required to collect the strike price per share from the employee and impose statutory withholdings for income taxes and payroll taxes on the spread amount.
The entire gain is taxed at ordinary income rates. NQSOs may have more limited planning opportunities, but there are a few key considerations which can greatly impact the tax efficiency of this form of income.
Non-Qualified Stock Options: Basics Features and Taxation
It is important to understand the following:. The best time to sell your shares depends on a few factors, like employment status and type of employer. Due to the significant cash layout required by the employee, the most tax advantageous and practical move for NQSO of publicly traded companies is generally to execute a same-day-sale or cashless exercise.
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The employee walks away with cash for the sale of the shares less required withholdings. For non-employee option holders, there are more tax strategies available, which we will discuss later in more detail. For privately held NQSO shares where the current spread may be significantly less than the expected future value of the shares, the risk of exercising and holding the NQSOs, even at the cost of paying the required tax withholdings and strike price out of pocket, may be worth consideration.
In all scenarios, the key is to be aware of withholding shortfalls and the estimated tax requirements for individuals, understand how an income spike from the exercise and sale will affect your tax bracket compared to surrounding tax years, and remain conscious of the upcoming expiration dates of remaining options. Non-qualified stock option holders must understand the estimated tax requirements for individual taxpayers and the statutory withholding rates for supplemental wage payments such as for income from stock option exercises.
Employers are required to withhold both social security and medicare taxes social security up to the maximum wage cap in effect for the year as well as income taxes on the gain portion of an exercise of non-qualified stock options. Other states may have other flat withholding rates required. This creates a potential withholding shortfall for taxpayers exercising NQSOs, which often results in additional taxes owed at the time of filing. The timing requirements for estimated payments play an important role in your tax efficiency.
Underpayment penalties are imposed on taxpayers that do not meet either the prior year or current year safe harbor requirements. While the IRS refers to them as penalties, leaving open the potential for abatement in certain circumstances, the underpayment penalty is essentially a form of interest charged to the taxpayer by the government for use of the funds throughout the year. The payments can be in the form of any combination of withholding or estimated tax payments. In the case of an income spike from the exercise of non-qualified stock options, most taxpayers will find themselves relying on the prior year safe harbor.
Due to the required withholdings on exercise, there is often sufficient tax paid in based on the exercises that no additional payments are required during the year. One way taxpayers can maximize their tax efficiency here is by reducing future regular salary withholdings or eliminating future quarterly tax payments for the rest of the year and investing that money instead to earn a return before the money must be paid to the government.
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However, for taxpayers experiencing a sideways or down income year compared to the prior year, more care must be taken to ensure the proper amount of taxes have been paid in to avoid being penalized. Non-qualified stock option holders triggering income from the exercise and sale of options must also understand the impact it will have on their expected marginal tax rate compared to their expected tax rate for the following tax year.
Utilizing the principals of tax rate arbitrage, you want to be strategic about triggering additional income or incurring deductions such that you are maximizing tax efficiency. Additional income recognition should be deferred to the subsequent year, when possible, assuming a similar or lower marginal tax rate than the current year.
Deductions should generally be accelerated into the current year rather than postponing them or waiting until the following year.