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Which is better a non-statutory stock option or an incentive stock option

My wife received this notification from the company she works for. Which option is more favorable? The notice of Extension of Exercise must be completed for each of your outstanding stock options (as identified in Exhibit A to the Notice), meaning that you must either (1) elect to amend your option to obtain the extended exercise window post-termination (in which case your option will be converted to a Non-Statutory Stock Option), or (2) elect to retain the 90-day exercise window post-termination (in which case your option will remain an Incentive Stock Option).  As a reminder, a Non-Statutory Stock Option has less favorable tax treatment than an Incentive Stock Option.

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1 Reply
DanielV01
Expert Alumni

Which is better a non-statutory stock option or an incentive stock option

It depends.  Each type of option has a different type of tax treatment, so you do well to choose the option that is most advantageous to your situation.  Please note the following information, along with links that give more detailed consieration:

Incentive Stock Options a/k/a qualified or statutory options

•No taxation when ISOs are granted or exercised (but possible AMT adjustment)
•Taxable income when stock is sold 
•The employee must hold the stock for at least one year after the exercise date and for two years after the grant date for capital gain treatment.

Nonqualified Stock Options

•No tax on grant of option
•Tax on exercise—ordinary income on difference between grant price and exercise price.  Reported on W-2.
•Capital gain/loss on subsequent of stock.
•The vast majority of employees sell the stock immediately upon exercising the option.

A lot may depend on what you plan to do with the stock upon exercising it.  And, while AMT is not a subject that many taxpayers want to deal with, the new tax laws make it at least more likely that you will not face AMT consequences for the exercise.  The point is to find out what is best for your specific situation and choose that option.
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