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Wubbels & Duffy, RLLP
Certified Public Accountants

999 West Taylor Street
Suite C
San Jose, CA 95126

Tel:  1.408.971.4100
Fax: 1.408.971.4173

Email:

  Thomas Duffy, CPA
      

  Lynn Wubbels, CPA
      

          

TAX PLANNING:

Incentive Stock Options and other issues


Q.My employer granted me incentive stock options as part of my compensation package. I was considering exercising some of my options this year. So what are the tax implications?

A. When you are granted Incentive Stock Options (ISOs), there is no tax effect for you. When you exercise the options there is no addition to your regular taxable income. HOWEVER (the big caveat), there is an addition to your alternative taxable income. Alternative taxable income is a separate income tax calculation that includes certain items that the regular income tax calculation does not include. One of those items which is included in alternative taxable income and not in regular taxable income is the difference between the market price of stock and the option price of stock on the day the option is exercised. For example, today you exercised 3,000 options which were granted to you through the company's incentive stock option plan. The option price was $1.75 per share (and so you wrote the company a check for $5,250). The market price today was $31.75 per share. You have no additional taxable income for regular tax purposes. You DO however have $90,000 of additional taxable income for alternative minimum tax purposes. If you are considering exercising incentive stock options, it is probably wise to undertake some measure of tax planning in order to gauge the effect of the alternative minimum tax on your overall tax picture. Also be aware of the timing rules related to sale of stock acquired through the excercise of stock options.


Q.What's the difference between Incentive Stock Options (ISOs) and non-qualified stock options?

A. The primary difference relates to taxation at the date of exercise. Whereas Incentive Stock Options are not subject to regular income tax when exercised, non-qualified stock options are. Note that regular income tax is mentioned. When exercising Incentive Stock Options, attention should be paid to the Alternative Minimum Tax (AMT).


Q.I am considering accepting a new position in California. What will the tax consequences be?

A. California does have relatively high individual income tax rates (9.3% at the highest). California also has relatively high real estate prices (which leads to some of America's highest mortgage interest deductions). In order to evaluate the effect of these variables on your financial picture, and whether your new compensation package is adequate, a three to five year tax planning projection compared against your current situation can often be quite valuable.  In fact, it may be possible to show, from an after-tax, cash flow perspective, how a higher salary will be required from a prospective employer before a decision is made.


Q.What approach is used in planning for multiple years at the same time?

A. Tax planning software that handles multiple years simultaneously is used. For example, your decision to sell stock in one year may affect your April 15 tax liability in the next year. That upcoming tax liability may cause you to have sell stock next year. If you do sell stock, and pay tax, how will that affect your AMT in the following year?


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