Domain IV - Specialty Client Services Flashcards
Incentive Stock Options (ISOs)
- More rules and restrictions than NSOs
- Can only be given to _____
- No ordinary income tax at exercise
- Spread between FMV and exercise price is AMT preference item
- Not transferable except in event of death
- Annual $_____ limit
- Long-term capital gains treatment
If sold more than ______ year after exercise
And
if sold more than _____ years after grant
- employees
- $100,000
- 1 yr.
- 2 yrs.
This results when one does not adhere to the “2 year from grant”
and “1 year from exercise” holding requirements.
Disqualifying Disposition
Non-qualified Stock Options (NSOs)
- Few rules and regulations apply
- Do not qualify for income tax deferral on exercise
- _____ tax due on spread between exercise price and FMV
- Can be granted to _____ or _____.
- Holding period requirement for stock?
- Can be transferred
- Income
- employees / non-employees
- none
ISOs
- triggering event?
- taxable income?
- AMT impact?
NSOs
- triggering event?
- taxable imcome?
- AMT impact?
ISOs
- sale of stock
-LTCG potential
- preference item at exercise
NSOs
- Exercise
- ordinary
- none
Stock Option Strategies:
- Diversification (1)?
Exercise and Sell
Stock Option Strategies:
- Tax minimization (4)?
AMT planning
Tandem exercise
Option gifting
Grantor CLT
Stock Option Strategies:
- Wealth Accumulation (3)?
Stock swap
Early exercise
Exercise early / exercise late
Five applicable situations for Exercise and Hold?
– Prior to expiration
– To capture dividends
– Recognize income in a specific year
– To produce LTCG on future appreciation
– To meet company requirements
Stock Swap - Pyramiding
- Plan specific provision must specifically allow
- Available for ___ and _____.
- Client pays exercise cost with _____.
- Bargain element on options taxable at exercise (same as with cash exercise)
- Avoids capital gain and AGI lift from sale of stock
- “Reload” feature replaces stock used to exercise options, offers future appreciation opportunity
- Works best if client intends to _____
- NSOs and ISOs
- existing shares
- exercise and hold
Option gifting only applies to NSOs or ISOs?
NSOs
For option holders with NSOs and ISOs
Goal: AMT tax minimization on ISO exercise and hold
Raise ordinary income to level greater than potential AMT with combination ISO/NSO exercise
Potential downside -pay income tax now on NSOs
Tandem Exercise
ISO Tax Ramifications
Grant - ?
Exercise - ?
Sell - ?
Grant - none
Exercise - AMT preference item on difference between exercise price and FMV
Sell -ordinary income or capital gains
NSO Tax Ramifications
Grant - ?
Exercise - ?
Sell - ?
FMVGrant - none
Exercise - ordinary income on diff. between exercise price and FMV(bargain element)
Sell - Capital gain on diff. between FMV at exercise and sale price
- Plan specific provision
- Exercise stock options prior to vesting
- Must be elected within 30 days of grant
- Stock subject to control and resale restrictions until vesting
- Opportunity to reduce taxes on bargain element with this election
– NSOs: tax on bargain element
– ISOs: AMT liability - Big risk if stock declines in value
Section 83(b) Election
Section 83(b) Election - True or False
Without Election
- Ordinary income tax paid on exercise price
- Capital gains paid on diff. between exercise price and sale price
With 83(b) Election
- Ordinary income tax paid on grant price
- Capital gains paid on diff. between grant price and sale price
True
- A strategy for retirement asset distribution under Internal Revenue Code 402(e)4.
- Applies to employer securities held in a qualified retirement plan (ESOP, pension, 401K, etc.).
- Means to trade ordinary income taxation on retirement assets for long-term capital gains treatment.
NUA (Net Unrealized Appreciation)
NUA:
Must elect lump-sum, in-kind distribution from plan (_____% of all assets in single calendar year).
Original basis immediately taxable as _____.
Remaining value (NUA) tax at _____rates.
Subject to premature distribution penaly rules for qualified plans (applies only to _____).
No step-up of basis on which portion?
- 100%
- ordinary income
- long-term capital gain rates
- original basis
- NUA portion
Restriced Stock Sale:
Advantages (3)?
- Increased liquidity
- Improved diversification
- Reduced price exposure
Restricted Stock Sale:
Disadvantages (4)?
- Capital gains taxes
- Immediate transaction costs
- No upside price participation
- Public disclosure
Rule 144:
Holding period: _____ if non-reporting company, _____ if reporting company.
1 yr. / 6 mths.
Rule 144:
Trading Volume: Number of shares sold during a _____ mth. period can’t exceed:
- The greater of _____% of outstanding shares of same class being sold or if class is listed on stock exchange or quoted on NASDAQ.
- The greater of _____% or the average reported weekly trading volume during the ____ preceding the filing a noticce of the sale on Form 144.
- 3 mth
- 1%
- 1%
- 4 wks.
Rule 144:
Filing Notice with SEC: Must file notice with SEC on Form 144 if sales involve more than _____ shares or the aggregate dollar amount is greater than $_____ in any ___ mth. period.
- 5,000 sh.
- $50,000
- 3 mth.
Exec. Compensation - Restricted Stock:
Voting rights?
Triggering event?
Dividends?
Tax treatment?
- Yes
- Vesting
- Yes, when paid to shareholders
- Ordinary income
Exec. Compensation - ESOs:
Voting rights?
Triggering event?
Dividends?
Tax treatment?
- No
- Exercise / Sale of Stock
- No
- NSO: ordinary income / ISO: LTCG potential
Exec. Compensation:
Issuer expense at which point:
Restricted stock - ?
ESOs - ?
- At vesting
- At exercise
Matching Solutions to Needs:
Liquidity (4)?
Restricted Stock Sale
Writing OTC Covered Call
Variable Prepaid Forward
Loan
Matching Solutions to Needs:
Hedging (3) - ?
Purchase OTC Put Option
Zero Premium Collar
Participating Collar
Matching Solutions to Needs:
Diversification (5) - ?
Variable Prepaid Forward
Exchange Fund
Purpose Loan
Collar with Purpose Loan
Custom Diversification Collar
Matching Solutions to Needs:
Wealth Transfer (3) - ?
Charitable Remainder Trust
Charitable Lead Trust
Family Foundation
Objective/Strategy:
- Investor wants to continue to own underlying equity but hedge price risk.
- Purchases put option and sells call option against holdings for net zero premium.
- Specifies option maturities and degree of downside protection and upside appreciation.
Zero Premium Collar
Defined: Occurs when an investor borrows shares of stock and sells them short, while at the same time owning shares in the same stock.
Short Against the Box
Objective/Strategy:
- Monetizes concentrated position without selling the shares upfront.
- Diversifies a large, appreciated equity position while deferring taxation.
- Variable contract to sell a specific value of a security in the future (i.e., the number of shares to be delivered will depend on the stock’s value at the time of delivery).
- Retains appreciation up to an upper limit (cap) as defined by client.
- Protects against depreciation in stock below a lower limit (floor price).
Prepaid Variable Forward
Prepaid Variable Forward:
Advantages (4) - ?
- Substantial liquidity generated upfront
- No tax event until maturity
- Provides floor for stock price
- Investor retains ownership, dividends and voting rights until maturity date
Prepaid Variable Forward:
Disadvantages (2) - ?
- Ceiling on upside exposure; Investor does not participate in any appreciation of the stock above the cap
- Self-financing; No separate loan vehicle required
Exchange Fund:
- Private placement, registration is required or exempt?
- Avoids publicity since contribution is not public sale and does / does not require Rule 144 filing?
- Diversifies a large, appreciated equity position while deferring taxation.
- Diversification may, however, _____?
- Exempt
- Does not
- not be optimal
Diversification: Exchange Fund
Advantages - true or false?
- May offer attractive diversification benefits
Disadvantages - true or false?
- May not offer desired diversification benefits
- True
- True
Wealth Transfer: Charitable Remainder Trust
- When does the investor receive an income tax deduction for charitable gift?
- year gift is made
Wealth Transfer: Charitable Remainder Trust
Disadvantages (3) - ?
- Irrevocable trust
- Principal passes to charity not heirs
- Minimal tax deduction reduces benefits for younger investors
Wealth Transfer: Charitable Remainder Trust
Advantages (5) - ?
- Beneficial capital gains treatment
- Increase after-tax, net spendable income
- Reduction of grantor’s taxable estate
- Diversifies investment portfolio
- Potential income tax deduction