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@zaka634 I've never heard of the 'Other reportable income' section referred to as 'sketchy' before but it did make me laugh.
That is indeed where you should enter it. Your employer should really be reporting this on your W2 but since they're not this is where to put it. Make the description as detailed as possible and you will be fine.
@RobertB4444 , thanks you so much for your reply, sorry for the word "sketchy" if that's offending, first time going through the IPO with all the crazy event, I'm pretty ignorant here, :).
I'm still arguing with my employer that these restricted stock should be reported on my W2 once they vested in 2021, just like any regular RSU vest, not sure if they will correct it.
A separate thing, I don't know if you work for TurboTax or not, can I nominate you as my tax reviewer in TurboTax, I trust you and am willing to pay you for your extremely helpful answer and generous attitude to help folks like me, thanks in advance again.
Hmm, found two websites on my ISO topic :
No 83(b) election and qualifying disposition
If you don’t make an 83(b) election, there are no tax implications at early exercise for the AMT or federal tax. Instead, when the shares vest, the spread between the strike price and FMV at vesting is income for AMT. To meet the terms for a qualifying disposition, you’ll need to hold the shares for 1 year after the shares vest (not when you early exercised) and 2 years from the grant date.
This seems wrong according to our discussion and can cause other future readers to make a wrong decision based on the incorrect information, wondering if I should contact them to correct their post.
@zaka634 If you receive an option to buy stock as payment for your services, you may have income when you receive the option, when you exercise the option, or when you dispose of the option or stock received when you exercise the option.
Under the Investment Income section of turbotax there is a section ISO excercise and hold where you will enter the details to your information.
There is also youtube video on how to enter them in tt https://www.youtube.com/watch?v=66Gzu9vZqb4&t=13s
The IRS has issued two forms (and instructions): Form 3921 is used to report ISO exercises, and Form
3922 is used for ESPP share purchases. A separate form must be provided and filed for each exercise or
purchase during the calendar year. Are there penalties for noncompliance?
The Internal Revenue Code imposes a penalty of between US$50 and US$270 for each statement that is
not timely and/or correctly filed (with the penalty increasing within that range depending on the degree of
delay beyond the deadline), up to an aggregate annual limit of US$3,339,000. If an employer intentionally
fails to provide a required statement or the correct information on the statement, the penalty is a minimum
of US$550 per statement, with no maximum penalty. These penalties will apply separately for the
information statement to be provided to the employee or former employee and the return to be filed with
the IRS. If a corporation fails to provide both, the penalties and cap are doubled. Smaller penalties apply
to “small businesses” (generally those that have average annual gross receipts of US$5 million or less for
the three most recent tax years (or for the period in existence, if shorter) ending before the calendar year
in which the information returns were due).
If your employer grants you a statutory stock option, you generally don't include any amount in your gross income when you receive or exercise the option. However, you may be subject to alternative minimum tax in the year you exercise an ISO. For more information, refer to the Instructions for Form 6251. You have taxable income or deductible loss when you sell the stock you bought by exercising the option. You generally treat this amount as a capital gain or loss. However, if you don't meet special holding period requirements, you'll have to treat income from the sale as ordinary income. Add these amounts, which are treated as wages, to the basis of the stock in determining the gain or loss on the stock's disposition. Refer to Publication 525 for specific details on the type of stock option, as well as rules for when income is reported and how income is reported for income tax purposes.
Incentive Stock Option - After exercising an ISO, you should receive from your employer a Form 3921, Exercise of an Incentive Stock Option Under Section 422(b). This form will report important dates and values needed to determine the correct amount of capital and ordinary income (if applicable) to be reported on your return.
Employee Stock Purchase Plan - After your first transfer or sale of stock acquired by exercising an option granted under an employee stock purchase plan, you should receive from your employer a Form 3922, Transfer of Stock Acquired Through an Employee Stock Purchase Plan under Section 423(c). This form will report important dates and values needed to determine the correct amount of capital and ordinary income to be reported on your return.
@maglib @RobertB4444 @GeorgeM777 ,
thanks yall for the great help here and I truly appreciate it. Verified with my employer that these early exercised ISO without 83(b) election will only be taxed on AMT, no ordinary income, since no 83(b), i will have to manually calculate the spread between FMV when these early exercised ISO vested and the exercised price, so I literally have to do this calculation per month since my original ISO is vesting on a monthly cadence. Once again, thanks for the help.
Hi, I have the same issue.
Are you saying that for early exercised ISOs without 83(b), the spread between FMV at each vesting and exercise price should be added up each year and reported for AMT and should not be added to W2 as compensation income? Does it mean that the original W2 doesn't need to be corrected? Can you please confirm? Thanks.
I'm not sure for your case since I'm lacking information, not sure your W2 situation.
Assuming you did not sell early exercised ISO, and you did not file 83b, then the AMT amount will be the FMV when these "iso" vesting less your exercise price. The issue here is that if your companys FMV keep increasing regardless of going public or not, you will owe more and more AMT tax.
@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.
@happyfeifei , our case is different, I did not sell exercised iso. Based on your reply, you sold your early exercised iso, but you sold it 2 years from grant, one year from exercise, since it's not one year from vest date, your sale is disqualified sale, which means,the spread will be ordinary income, if your employer did not included it in your W2, then you can report it via other reportable income like Robert suggested me to do. My case is that I did not file 83b and I'm not selling any thing, so I only meet to handle the AMT portion. Regarding the document, my employer provider these information internally, I just ignored them before. You can find it from th b IRS pub 525 regarding iso and AMT.
Thanks @zaka634. Sorry I didn't make it clear. The early exercise occurred in 2020. I sold the vested ones in 2021, one year after the vest.
@happyfeifei , if the share meet the two condition for qualified sale, your sale are qualified disposition, then it will be long term capital gain if you make any profits.
Yes. That's correct. 83(b) is for the early exercise of unvested shares. If 83(b) was not filed, the FMV of unvested shares was not pinned at the FMV at the early exercise but it should not affect the shares already vested at the time of exercise.
Thanks again @zaka634
Hi @zaka634 , so happy to have found your post, if I'm understanding you correctly, I believe our situations to be the same and I've been searching for the proper approach to take. Couple of follow up questions for you, if you dont mind.
I received my ISO grant May 2021, exercised a few months later in July 2021 when the strike price and FMV were the same. I did not file 83(b) election. All of my exercised shares vested in April 2022 (FMV had risen slightly at time of vesting). I have not sold and I am still with my company.
Per your posts, my understanding is that I will need to calculate the (spread* # of shares) at time of vesting for my 2022 taxes that I am working on now to be included in the AMT calculation.
Is that correct? Did you learn anything having gone through this process last year where you'd revise anything stated?
Lastly, how does one actually report this in TurboTax? Do I report this on "Wages & Income" as an "ISO exercise & Hold" where the "Date first bought" is actually the vesting date, not the exercise date as reported by Form 3921 that I received last year or some other kind of income or do I just factor it directly into TurboTax's AMT calculation option later on and not file/report it directly otherwise?
Put another way, is there anything to actually file now that the exercised shares have vested in 2022 with my taxes this year?
I know that's a lot thrown at you, just trying to be as detailed as I can be. I'd really appreciate any insights you might have, thanks so much!
You do need to calculate the incentive stock option adjustment (ISO) and report it in the Other Tax Situations section in TurboTax. In that section you will find a category for Alternative minimum tax, where you will see a screen that says Do you have any of these uncommon situations? One of the options will be I exercised ISO's in 2022, but didn't sell the stock in 2022. Choose that option and on the next screen you will see an option to enter your ISO adjustment.
Thanks for your reply and info @ThomasM125 , would I do this "I exercised ISO's in 2022, but didn't sell the stock in 2022" even though I exercised in 2021 and it was the vesting that occurred in 2022?
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