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22 Cards in this Set

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Who gets NSO?

Employees directors consultants.

Non qual much more common

Who gets ISO's

Employees ONLY!

Are options transferable?!

NSO yes. ISO only at death

ISO is for the minions so is it as good?!??

If it's non qual how is it taxed?!

Ordinary naturally

How are ISO taxes?

Potential for LTCG

Probably a little of all

ISO is for everyone is there a limit?!

100k rule

Shocked at the small limit

What is the Bargain Element?!

FMV - excercise

It's what's in play?!? So it's not the floor

What is a qualifying disposition?

2 years grant, 1 year excercise = cap gain treatment sale of stock.

It only pertains to ISO

Why would you do a disqualifying distribution. It's only 2 years from grant and one year from excercise!!

If you think that stock is tanking!!!!

Why would I sell and violate Voya trading recquirements?

If I give more than 100k option via grants. What happens?!

Portion above 100k on that year becomes disqualified.

Is it the end of the world?

Taxation of NSO ....grant/excercise/sell

1. Grant: At time of grant no taxes realized


2. Excercise: realize ordinary income for bargain element!! Remember 2 year after grant rule then 1 year after excercise


3. One year after excercise realize LTCG above bargain elemebt



Conclusion. Nothing on grant/floor. Paid your ORD bc its non qual on bargain and then wait to excercise. If one year get long term treatment!!! Your excercise price is grant plus bargain element.



FMV at excercise minus sale price is gain.

ISO grant/ex/sell

Grant = No tax


Excercise=AMT preference income


Sell: if 2/1 then grant/excercise - sale price. Turns bargain element to LTCG

Remember watch dates. 2/1 year

In an ISO is the bargain element taxed?!?

No tax unlike NSO!!!!! But may trigger amt preference income

Not so quick

NUA comes from where?

Pension plans 401k. ESOP. Can be from rollover if at time elected lump sum in kind. Otherwise it’s over.

Advantages of NUA?

Water to wine. Ordinary to LTcG


Cost Basis is only subject to ordinary income and 10 percent penalty!!!

Disadvantages of NUA?

1. No step up at death


2. LTcG treatment


3. Subject to IRD. INVOME IN RESPECT OF Decedent.

Triggering events for NUA

1. Death of the plan participant


2. Total perm. Disability


3. Attainment age 59.5


4. Separation from service.


Can do in multiple plans.

How Tax the stages of NUA?

After distribution


1. Original taxed basis taxed in year rolls


2. Bargain element or NUa is taxed long term AnyTiMe you sell!!


3. Growth above distribution can be st or lt.

Who can use NUA?

Market to executives about to retire


Employees who have been laid if


Employees whose company price is depressed (get them to buy a ton)


HR departments


Continuing ed for CPA

Best option strategy for diversification?

Excercise and Sell

Best option strategy for tax minimization?!

Amt minimization


Tandem excercise of NSO and iso


Option gifting big time


Grantor CLT

Tandem Excercise?! For iso and NSO. What’s the goal?!

It’s to minimize taxes on ISO excercise and hold. Bc u didn’t want the ISO to trigger cause your just holding it.



Raise ordinary income to level greater than potential AMT with combo excercise.



So downside is pay income tax now on NSO