Non-Qualified Stock Options

In this type, the option price can be set at anyused to pay the withholding costs. If his profits
amount and the option can be exercised at anyfrom the exercise are substantial, some
time, limited only by what the stockholders of thepreplanning should be done to consider where he
company will approve. In a rising market, anwill get the funds to pay additional taxes when he
executive can make a substantial profit.files his tax returns.
It is true, of course, that the executive must payIf he sells the stock sometime in the future for $
ordinary income tax on the difference between100 per share, he owes no taxes. However, if he
the option price and the stock's fair market valuethinks that the value of Americana stock is likely
at the time the option is granted. If the option isto rise due to its current success and future
subject to a condition that affects its value,plans, he may want to exercise his options sooner
there's no taxation until the condition is met orrather than later. Why? Because though he'll pay
removed.ordinary income tax and withholding costs on any
Again, let's look at some actual figures. Supposepositive difference between his exercise price and
Corporation Americana agrees to give Mr. Key anthe stock's fair market value at the time, any
option to buy 1,000 shares of Americana stock atfuture increase in the value of the stock can be
$50 per share. The agreement states that Keytaxed at the more favorable capital gains rate. If
can exercise the option in four installments of twohe can afford to tie down his money while he
hundred fifty shares per year, starting one yearwaits for this increase, has the money to pay the
from the date of the agreement. There is aincome tax and withholding costs on his exercise,
further condition that Mr. Key must still beand considers it a priority investment, this could
employed by Americana at the time he exercisesbe a good strategy for him.
each of the installments.As if this were not enough for Mr. Key to think
At the time Key is given the option the marketabout, he should also evaluate how much of his
value of the stock is $75 per share. At the endown net worth is tied up in Americana's stock.
of the first year, it goes up to $100 and Mr. KeyThe issue of diversification and how much he
exercises the first installment, paying thewants to depend on the future growth and
company $12,500 for 250 shares. On paper, hestability of Corporation Americana should be
now has a profit of $12,500. This is the value ofconsidered. If his stock exercise is dependent
the first installment of the option, and thereforeupon his working at Americana at the time of
he must pay ordinary income tax on this sum. Mr.exercise, he may want to evaluate his own
Key will also be subject to federal income taxprospects for staying on board at Americana.
withholding, social security, Medicare, state andTo the corporation, the taxation aspects of
local taxes at the time of exercise. (Someunrestricted options are more advantageous. It
employers have written in provisions to allow thegets a tax deduction for the value of what it
use of shares to cover withholding costs.) If Mr.gives the executive: the difference between the
Kay exercises his stock option, then sells theoption price and the market price at the time the
stock soon thereafter, his cash proceeds can beoption becomes taxable to the employee.