Assignment 5 - Stock Compensation Plans Flashcards
Type of EE Stock Comp Plan
*there is a law that specifically describes this type of plan and provides certain benefits to the company or EEs provided the rules are followed
- tax law accords special tax advs. but that must meet certain requirements to be elig. for the adv.
Statutory EE Stock Comp. Plan
- Type of EE Stock Comp Plan
- only the general rules regarding company stock and taxes are considered
- not based on any special tax provisions, but rather are governed by general tax principles.
- governed by Sect’s 61 abd 83 - related to income
Nonstatutory EE Stock Comp. Plans
Reasons for Employee Stock Comp. Plans
- increases EE’s tie to the company
- encourages EEs to do things that help improve the value of the company
- ties the EE’s rewards to the success of the company
- financially it can be cheaper than giving cash
TYPES:
Incentive Stock Options (ISO)
EE Stock Purchase Plans
Statutory
Stock Compensation Plans
TYPES:
Current Stock Bonus
Nonqualif’d Stock Options (NQSO)
Restricted Stock
Stock Appreciation Rights (SARs)
Phantom Stock
Non-Statutory
Stock Compensation Plans
When does the EE have rights to the stock?
Vesting
Are there time limits regarding how long the EE has to take action, such as “exercising the option”?
Duration
- A contract which gives the buyer (owner) the right, not the obligation, to buy or sell an underlying asset or instrument at a specific date
- a choice to buy the stock at a later date for a price set today
Option
fixed price of an option at which the owner of the option can buy or sell the underlying asset
Strike/Exercise price
- Owner of an option has the right to require the fin. trans. specified by the contract to be carried out immed. b/w the two parties causing the option contract to be term’d
- owner of the option purchases the underlying shares (that they were promised when originally buying the options)
Exercising the option
Can the EE give this option to someone else (family)
transferability
How does the EE actually get the stock?
Exercise Features
- cash exercise
- stock-for-stock exercise
- cashless exercise
- reload options
income tax imposed for ISOs at the time of exercise
spread price (diff b/w strike/option price and fair mkt value) is included in this
applies to taxpayers who have certain types of income that receive favorable treatment, or who qualiyf for certain dedcutions.
signif. reduce reg. tax of these taxpayers w/ higher econ. incomes (to a maximum amt)
Alternative Minimum Tax (AMT)
- Statutory EE Stock Comp. type
- available to all EEs, but normally given to HCEs
- can be discrim.
- EE doesn’t have to pay taxes at either the grant or the exercise of the option
- Section 422
- duration - max of 10 years
- option price - equal to or greater than date granted (1st time must be less than $100,000)
- holding period - min 2 years or 1 yr after exercise of option
- transferability - NO (except at death)
Incentive Stock Options (ISO’s)
- Statutory EE Stock Comp. type
- EE elects to buy stock through P/R
- voluntary and generally offered all EEs
- purchase usually at a discount
- disc. limits - cannot be less than 85% of FMV when option is exercised or granted.
- Section 423
- nondiscrim - cannot favor HCEs
EE Stock Purchase Plan