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REPORT OF CONTENT ADDED,
UPDATED, REVISED, OR EXPANDED
January, February, and March 2008

1st QUARTER 2008: CONTENT ADDED, UPDATED, REVISED, OR EXPANDED

TAX CENTER: Tax return tips and examples of IRS Form W-2 and Schedule D for reporting company stock sales

CONTENT TOPICS: Articles and FAQs

GLOBAL TAX GUIDE: Changes of tax law in France, Germany, and the UK

GLOSSARY: New terms include capital loss whipsaw, refundable credit, rule of 75, and more

ASK THE EXPERTS: Where does stock grant income received in 2007 appear on IRS Form W-2?

MSO Pro is our membership level for financial and wealth advisors. Content with the This is premium content symbol requires Premium or Pro Membership at myStockOptions.com.

EDITOR'S WELCOME

The first quarter of 2008 kept our editorial team busy with many updates and additions to the content of myStockOptions.com. By early January, we had updated all of our content for relevant changes in tax law that became effective on January 1, 2008.

Podcasts: We're All Ears

We are adding podcasts to our website, giving you yet another way to learn about equity compensation. These succinct, professionally produced recordings are available both by streaming media you can listen to on your computer and as MP3 files you can download and save to an MP3 player. Our first podcasts are on the basics of stock options and restricted stock. Others will follow on many topics, both basic and advanced.

April 15 Is Nigh, But It's Not Too Late To Prevent Tax Mistakes

As the tax-return deadline looms, our articles and FAQs on W-2s and tax returns are more valuable than ever for preventing mistakes in the reporting for stock options, restricted stock and RSUs, performance shares, stock appreciation rights, and employee stock purchase plans. You will find all of this content in the Tax Center, where the special section Reporting Company Stock Sales has annotated examples that show you how to report sales of stock on Schedule D of Form 1040.

After you have filed your tax return, other content can help you throughout the rest of the year. See our articles and FAQs on the full range of topics in financial planning for stock compensation: retirement, college funding, life events, job events, diversification, estate planning, and much more.

Explore Our Award-Winning Resources

Below is a selection of content we added or revised during the first quarter of 2008. Click on any of the section headings: the link will take you to the relevant topic area of the website. To view the content of any title with the This is premium content logo, you must be a Premium or Pro Member of myStockOptions.com.

Please contact us at 617-734-1979 or sales@mystockoptions.com if you would like to receive more information on licensing our content and/or tools, on our custom websites for companies, and on our bulk Premium Memberships to our public site. Meanwhile, please consider the benefits of an individual subscription, and see who becomes a Premium Member of myStockOptions.com.

—Bruce Brumberg, Editor-in-Chief


TAX CENTER

Tax Center: Stock Options & SARs

Avoid Costly Tax Return Mistakes And Maximize Your Profits: What Optionholders Need To Know FREE!

NQSOs: Tax Return Tips And Traps This is premium content

ISOs: Tax Return Tips And Traps This is premium content

What are the biggest mistakes related to stock options I can make on my tax return, and how can I avoid them? This is premium content

When I file an extension to complete my tax return after the IRS deadline, are there any mistakes I should avoid that involve stock grant income? This is premium content

W-2 diagram! What will my W-2 show after I exercise nonqualified stock options? This is premium content

W-2 diagram! What will my W-2 show after I exercise stock appreciation rights? This is premium content

Schedule D diagrams! How do I report sales of NQSO stock? This is premium content

Schedule D diagrams! How do I report sales of ISO stock? This is premium content

Schedule D diagrams! How do I report sales of SAR stock? This is premium content

What is the alternative minimum tax (AMT)? What is the latest news about AMT reform in Congress? FREE!

In general, how does the alternative minimum tax (AMT) calculation work? FREE!

Do I get a tax credit if I paid AMT when I exercised an ISO? How does it work, and did the tax law of December 2006 change this? This is premium content

Refundable AMT Credit (Part 1): Different Rules For Old Unused Credit FREE!

Refundable AMT Credit (Part 2): The Calculation FREE!

I acquired stock from option exercises and restricted stock vesting a few years ago. When I sell the stock, how do I rediscover the cost basis for Schedule D of my tax return? This is premium content

Stock Option Fundamentals (Part 5): Incentive Stock Option Taxation & Alternative Minimum Tax This is premium content

Are there any strategies for paying estimated taxes on income from stock options and restricted stock? This is premium content

Will I receive any mandatory information statement from my company about exercises, purchases, and sales related to my stock options and/or employee stock purchase plan? This is premium content

Does the American Jobs Creation Act, particularly Section 409A on deferred compensation, affect my stock grants? FREE!

My new company withheld Social Security tax from my wages even though I "maxed out" on these taxes this year from my stock option exercise and restricted stock vesting at my prior employer. Can I get a refund or a credit on my tax return? This is premium content

Does the lower long-term capital gains rate apply to stock sales on or after May 6, 2003, even though the option was granted, vested, or exercised before that date? This is premium content

When I exercise my stock appreciation rights (SARs), will the amount of tax withheld cover the amount of tax that I must pay when I file my return? This is premium content

Will the amount of tax withheld at NQSO exercise cover the amount of tax that I am required to pay when I file my return? This is premium content

Tax Center: Restricted Stock, RSUs, & Performance Shares

W-2 diagram! What is included in my W-2 in connection with a restricted stock grant? This is premium content

W-2 diagram! What is included in my W-2 in connection with a grant of restricted stock units? This is premium content

W-2 diagram! What will appear on my W-2 in connection with a grant of performance shares? This is premium content

Schedule D diagrams! How do I report restricted stock and RSU sales? This is premium content

Schedule D diagram! How do I report sales of performance shares? This is premium content

When I file an extension to complete my tax return after the IRS deadline, are there any mistakes I should avoid that involve stock grant income? This is premium content

Are there any strategies for paying estimated taxes on income from stock options and restricted stock? This is premium content

Does the American Jobs Creation Act, particularly Section 409A on deferred compensation, affect my stock grants? FREE!

My new company withheld Social Security tax from my wages even though I "maxed out" on these taxes this year from my stock option exercise and restricted stock vesting at my prior employer. Can I get a refund or a credit on my tax return? This is premium content

Will the amount of tax withheld at my restricted stock vesting cover the amount of tax that I am required to pay when I file my return? This is premium content

Tax Center: ESPPs

Schedule D diagram! How do I report sales of ESPP stock? This is premium content

Will I receive any mandatory information statement from my company about exercises, purchases, and sales related to my stock options and/or employee stock purchase plan? This is premium content

Tax Center: Tax Cuts 2003–2008

How does stock compensation affect my tax rebate under the Economic Stimulus Act? FREE!

Refundable AMT Credit (Part 1): Different Rules For Old Unused Credit FREE!

Refundable AMT Credit (Part 2): The Calculation FREE!

Did the tax laws of May 2003 and May and December 2006 change the taxation of incentive stock options? Did it, for example, remove the exercise spread from the calculation of alternative minimum tax? This is premium content

Are there any stock-option strategies for using my capital-loss carry-forwards? This is premium content

Return to table of contents


CONTENT SECTIONS

Basics

Basics: Exercise

How do I use stock that I own to exercise an option in a stock swap? What is the tax treatment? This is premium content

Basics: Valuation & Expensing

What are the main models for stock option valuation, and how do they differ? This is premium content

What does it mean when someone says that employee stock options have both face (or intrinsic) value and time value? This is premium content

How do I value options and stock in a private company? This is premium content

Basics: Underwater Options

Stomach Volatility In Your Company's Stock Without Losing Your Mind FREE!

What approaches do companies apply to underwater stock options? This is premium content

Return to table of contents

NQSOs

NQSOs: Taxes

Are the tax rules and withholding for NQSOs different if I am an independent contractor, consultant, or outside director and not an employee? This is premium content

NQSOs: Taxes Advanced

Avoid Costly Tax Return Mistakes And Maximize Your Profits: What Optionholders Need To Know FREE!

How do I use stock that I own to exercise an option in a stock swap? What is the tax treatment? This is premium content

If I exercise NQSOs, will I need to make estimated tax payments? This is premium content

Are there any stock-option strategies for using my capital-loss carry-forwards? This is premium content

My new company withheld Social Security tax from my wages even though I "maxed out" on these taxes this year from my stock option exercise and restricted stock vesting at my prior employer. Can I get a refund or a credit on my tax return? This is premium content

What happens if I live in state A when my stock options are granted, state B when I perform some of my services, state C when I exercise the options, and state D when I sell the shares? This is premium content

Return to table of contents

ISOs & AMT

ISOs: Limits

Can an ISO be divided in a divorce? This is premium content

How are ISOs usually handled in divorce? This is premium content

ISOs: Taxes

If I plan to sell my ISO stock before the end of the required holding periods (i.e., a disqualifying disposition), is there any tax advantage to receiving ISOs instead of NQSOs? This is premium content

ISOs: Taxes Advanced

Avoid Costly Tax Return Mistakes And Maximize Your Profits: What Optionholders Need To Know FREE!

How do I use stock that I own to exercise an option in a stock swap? What is the tax treatment? This is premium content

What happens if I live in state A when my stock options are granted, state B when I perform some of my services, state C when I exercise the options, and state D when I sell the shares? This is premium content

ISOs: AMT

What is the alternative minimum tax (AMT)? What is the latest news about AMT reform in Congress? FREE!

I have large unused AMT credits. Do the tax laws of December 2006 and December 2007 help me use them quicker? This is premium content

ISOs: AMT Advanced

Refundable AMT Credit (Part 1): Different Rules For Old Unused Credit FREE!

Refundable AMT Credit (Part 2): The Calculation FREE!

After I have paid AMT for my ISO exercise and hold, what are some mistakes that I must avoid on my tax return? This is premium content

If I exercise ISOs and hold the stock (triggering AMT for the spread) or sell the stock in a disqualifying disposition, will I need to make estimated tax payments? This is premium content

Are qualified dividends included in the AMT calculation? This is premium content

I know that my ISO exercises will trigger the AMT for me this year or next. What planning strategies should I use that are related to other tax payments and income? This is premium content

Return to table of contents

Employee Stock Purchase Plans (ESPPs)

Employee Stock Purchase Plans: Basics

What is the eligible compensation that can be used for calculating the money that is available for the stock purchase? FREE!

Employee Stock Purchase Plans: Rules

What is an "offering period" or "enrollment period"? This is premium content

Can I roll unused ESPP funds into the next purchase period? This is premium content

Employee Stock Purchase Plans: Taxes Advanced

Avoid Costly Tax Return Mistakes And Maximize Your Profits: What Optionholders Need To Know FREE!

Return to table of contents

Restricted Stock & Restricted Stock Units

Restricted Stock Units

How does the taxation of restricted stock and restricted stock units differ? This is premium content

Performance Shares

What is the difference between restricted stock and performance shares or units? This is premium content

What are the features of long-term performance awards, such as performance shares and units? What do surveys say the most commonly used metrics are? This is premium content

Restricted Stock: Taxes Advanced

Avoid Costly Tax Return Mistakes And Maximize Your Profits: What Optionholders Need To Know FREE!

Will my income from restricted stock vesting be netted against my short-term capital losses from this year (or those that were carried forward from last year)? This is premium content

My new company withheld Social Security tax from my wages even though I "maxed out" on these taxes this year from my stock option exercise and restricted stock vesting at my prior employer. Can I get a refund or a credit on my tax return? This is premium content

When my restricted stock vests, will I need to make estimated tax payments? This is premium content

What happens if I live in state A when my restricted stock is granted, in state B when part of it vests, in state C when the rest of it vests, and in state D when I sell my shares? This is premium content

Return to table of contents

Stock Appreciation Rights (SARs)

Stock Appreciation Rights: Taxes

What are stock appreciation rights (SARs), and how are SARs taxed? This is premium content

If I exercise stock appreciation rights (SARs), will I need to make estimated tax payments? This is premium content

Return to table of contents

Advisors, Have You Heard About MSO Pro?
Made just for you, with tools to track and model grants for multiple clients, and proactive communications to build relationships. Click here for more information.

Financial Planning

Financial Planning: Strategies

Stockbrokers' Secrets (Part 6): What I Tell My Best Clients About Retirement Planning With Stock Compensation This is premium content

Financial Planning: Advanced Strategies

How To Develop A Stock Option Exercise Strategy To Reach Your Financial Goals (Part 1) This is premium content

How To Develop A Stock Option Exercise Strategy To Reach Your Financial Goals (Part 2): Understand Risk Versus Return This is premium content

Are there any stock-option strategies for using my capital-loss carry-forwards? This is premium content

I know that my ISO exercises will trigger the AMT for me this year or next. What planning strategies should I use that are related to other tax payments and income? This is premium content

Financial Planning: High Net Worth

Will my company be able to take a tax deduction for the value of my restricted stock, restricted stock units, performance shares, or stock options if my compensation already exceeds $1 million? This is premium content

Financial Planning: Diversification

Stockbrokers' Secrets (Part 6): What I Tell My Best Clients About Retirement Planning With Stock Compensation This is premium content

Financial Planning: Estate Planning

How would my stock options be taxed and valued for estate tax purposes upon my death? This is premium content

Financial Planning: Gifts

What is the tax treatment for gifts of company stock? FREE!

Financial Planning: Dividends

Are qualified dividends included in the AMT calculation? This is premium content

Return to table of contents

Job Events

Job Events: Hiring

What does it mean when someone says that employee stock options have both face (or intrinsic) value and time value? This is premium content

Job Events: Consultants & Contractors

Can consultants or independent contractors be granted stock options or company stock? How common is this practice? FREE!

What are the special issues with options granted to consultants that I need to consider in negotiating my agreement with the company? This is premium content

Do the terms in option grant agreements to consultants differ from the terms in employee grant agreements? This is premium content

Are the tax rules and withholding for NQSOs different if I am an independent contractor, consultant, or outside director and not an employee? This is premium content

Are the tax rules for restricted stock different if I am an independent contractor, a consultant, or an outside director and not an employee? This is premium content

Return to table of contents

Life Events

Life Events: College Funding

Funding Your Child's College Education With Stock Options And Other Stock Grants (Part 1) This is premium content

Funding Your Child's College Education With Stock Options And Other Stock Grants (Part 2) This is premium content

Funding Your Child's College Education With Stock Options And Other Stock Grants (Part 3) This is premium content

Life Events: Retirement

Stockbrokers' Secrets (Part 6): What I Tell My Best Clients About Retirement Planning With Stock Compensation This is premium content

Life Events: Retirement Plans

How do stock options, ESPPs, and restricted stock differ from the company stock fund or contribution offered under my 401(k) plan? This is premium content

How does my grant of stock options or restricted stock affect my other employee benefits, such as 401(k) contributions? This is premium content

How do stock grants affect the income limits for contributing to a Roth IRA? This is premium content

Can I sell my company stock to my IRA for cash or contribute my company stock to it? This is premium content

Can options be granted to my IRA instead of to me? This is premium content

Life Events: Divorce

How are stock options and restricted stock valued in divorce? This is premium content

How are ISOs usually handled in divorce? This is premium content

Can an ISO be divided in a divorce? This is premium content

After stock options are transferred to my former spouse in divorce, who pays the taxes at exercise? How does my company withhold and report the taxes? This is premium content

Life Events: Death Taxes

How would my stock options be taxed and valued for estate tax purposes upon my death? This is premium content

Return to table of contents

M&A

M&A Impact

What happens to my unvested stock options if my company is acquired? This is premium content

M&A: Taxes

What's the tax treatment of my stock options in an acquisition? This is premium content

Does the accelerated vesting of my stock options, restricted stock, and/or performance shares in a change of control have any tax impact on me, such as for ISOs and golden parachute payments? This is premium content

One year after the acquisition, under the deal's terms I was granted additional shares in an earnout for my company's meeting of performance targets. How are these additional shares taxed? This is premium content

Return to table of contents

Insider Trading Prevention And Education:
Think Twice Video And Intranet Series
Request free previews at http://www.insidertradingvideos.com

With insider trading cases in the news, now is a good time for insider trading education and focusing on your compliance program. The dramatic Think Twice video series will teach, entertain, and jolt your employees and executives about insider trading and securities fraud. Used by over 1,000 companies and developed with input from the SEC Enforcement Division, these powerful videos with memorable story-lines will drive home key points on

  • what insider trading is
  • the penalties and consequences
  • how the SEC discovers illegal activity
  • what happens if illegal tipping or trading is suspected
  • how SEC investigations are conducted

For more information on the Think Twice video series, and a free white paper on insider trading prevention and education, see http://www.insidertradingvideos.com. Both VHS and DVD formats are available. Qualified corporate buyers, including pre-IPO companies, can request free previews. Intranet licensing is available.

SEC Law & Rule 10b5-1 Trading Plans

SEC Law: Insider Trading

Does it matter whether the person who violates the insider-trading laws lives outside the US? This is premium content

SEC Law: Rule 144

How and when is Form 144 filed? This is premium content

Do the holding-period requirements under Rule 144 always apply to sales of company stock by affiliates and regular employees? This is premium content

Does the period I held unexercised options count towards the holding period for resales of unregistered securities under Rule 144? This is premium content

If I am no longer an officer or director of a public company, do I still need to meet the requirements of Rule 144 to sell my company stock? This is premium content

What are the requirements that affiliates (i.e., executives or directors) must follow to sell their stock to the public under Rule 144? This is premium content

For Rule 144 resale requirements, what is the difference between (1) restricted securities I own as a company officer or director that are not registered with the SEC and (2) company shares I bought on the open market? This is premium content

Do I still file Form 144 even though I have held the restricted securities long enough? This is premium content

What regulations govern the sales activities of brokers under Rule 144? This is premium content

Do Rule 144 and Section 16 apply to gifts of company stock by senior executives or directors? This is premium content

How do I have the legend removed from my restricted securities? This is premium content

How soon after an IPO can I sell my stock under Rule 144? This is premium content

Return to table of contents

Pre-IPO

Pre-IPO: Basics

How do I value options and stock in a private company? This is premium content

Pre-IPO: Going Public

Stomach Volatility In Your Company's Stock Without Losing Your Mind FREE!

Return to table of contents


GLOBAL TAX GUIDE This is premium content

UPDATED OR EXPANDED

France (new social security contribution)
Germany (major change in capital gains tax)
United Kingdom (major change in capital gains tax)

Return to table of contents


GLOSSARY FREE!

NEW!

capital loss whipsaw
measurement date
performance cycle
refundable credit
release date
rule of 75
shared performance stock award
target award

UPDATED OR EXPANDED

capital gain (and loss)
long-term unused minimum tax credit
restricted securities
Rule 144
Rule 145

Return to table of contents


ASK THE EXPERTS FREE!

NEW!

Please help me make sense of my W-2, as I am starting to collect all the information needed for my tax return. Last year I exercised stock options and immediately sold the shares in a cashless exercise on the same day. I also had restricted stock that vested, and I made two purchases under my company's employee stock purchase plan. I still hold the shares from the restricted stock vesting and the ESPP purchase. Where does the income from these appear on my W-2?

Return to table of contents