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Tax Consequences of Stock Compensation: ISOs, NSOs, ESPPs, and RSUs

A live 110-minute CPE webinar with interactive Q&A

This program is included with the Strafford CPE Pass. Click for more information.
This program is included with the Strafford CPE+ Pass. Click for more information.
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Wednesday, June 11, 2025

1:00pm-2:50pm EDT, 10:00am-11:50am PDT

Early Registration Discount Deadline, Friday, May 16, 2025

or call 1-800-926-7926

This course will discuss the tax implications of incentive stock options (ISOs), non-qualified stock options, ESPPs, and restricted stock units (RSUs). Compensating employees with stock allows them to share in the success and appreciation of the company and align interests with shareholders. The type of incentive determines when, how, and whether the income is taxed, either along the way or at the sale of the stock. Tax practitioners, corporate issuers and participants should understand the differences between these types of plans. The panel will describe each award type, explain how and when each is taxed and the best tax strategies for each award type.

Description

ISOs and ESPP shares trigger no tax until sold. However, non-statutory or non-qualified stock options are taxed on exercise. RSUs aren't options at all; these are a promise to deliver stock at a future date.

The terminology that surrounds these plans is unique. Necessary chronological terms include dates of the grant, vesting, exercise, and sale. Depending on the type of award, the acquisition of stock may be taxed at any of these dates and may be subject to tax at ordinary income, capital gains, AMT rates, or a combination of the three.

One of the biggest hurdles and the key to accurately reporting these transactions is piecing together the necessary documentation. The taxpayer may have received--and hopefully retained--an explanation from the company, Forms 3921 or 3922, details of a cashless sale, and (or) Form W-2. This needed documentation often spans years, from the grant date to the date of sale.

Given recent market trends, many private companies have seen valuations decline significantly, resulting in an increasing number of service providers holding "underwater" or "out of the money" stock options. As a result, companies may be considering repricing their stock options to help retain and appropriately incentivize employees and other service providers by reducing the exercise price of stock options.

Listen as our panel answers frequently asked questions from companies that are contemplating a stock option repricing, explains the types of stock plans available, discusses how and when each is taxed, and outlines tips to minimize the tax paid on these incentives.

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Outline

  1. Incentive stock options
  2. Non-qualified stock options
  3. ESPPs, qualified and not
  4. RSUs
  5. Repricing
  6. Other considerations in light of the current economy

Benefits

The panel will review these and other important issues:

  • Recognizing ISOs, NSOs, ESPPs, and RSUs
  • Discerning taxation timing and rate differences between the most common stock plans
  • What documentation is needed to properly report stock transactions
  • Considerations for non-U.S. employees
  • Equity compensation and remote workers
  • Issues to consider when granting stock options to PEO or EOR employees
  • How and when taxpayers can garner benefits from repricing stock options

Faculty

Lampron, Shawn
Shawn E. Lampron

Partner
Fenwick & West

Ms. Lampron focuses her practice on executive compensation and employee benefits for emerging growth businesses, public...  |  Read More

Zobayan, Marlene
Marlene Zobayan

Partner
Rutlen Associates

Ms. Zobayan has over twenty years of international tax and benefits experience, including global equity plans,...  |  Read More

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Early Discount (through 05/16/25)

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CPE processing must be ordered prior to the event. See NASBA details.

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Early Discount (through 05/16/25)

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CPE On-Demand

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