@zaka634 Thanks for your prompt response!
I left the company within 2 weeks of ISO early exercise and didn't get the 83b form from the company and thus didn't file.
The spread was not put in W2 and I received the 3921 form for the ISO exercise one year later. All unvested ISOs were repurchased by the company on my last day at the exercise price. The vested shares at the time of early exercise were sold one year after the exercise and 2 years after the grant.
The company doesn’t provide tax advice. I checked with a local tax advisor who is small business certified and was told the spread should be treated as ordinary income. This aligns with some of the previous suggestions from other members in this thread but your approach seems to be reasonable too. Not sure how you figured out the approach. Any documentation supporting that? Thanks again and I highly appreciate your time and help.
