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REPORT OF CONTENT ADDED,
UPDATED, REVISED, OR EXPANDED
July, August, and September 2007

3rd QUARTER 2007: CONTENT ADDED, UPDATED, REVISED, OR EXPANDED

TAX CENTER

CONTENT TOPICS: Articles and FAQs

GLOBAL TAX GUIDE: Canada, France, India, Ireland, Israel, Spain, Switzerland, United Kingdom

GLOSSARY: New terms include dual-class shares, performance-based restricted stock, performance conditions, pillow talk, time-based stock award, and much more

ASK THE EXPERTS: Tax treatment at the exercise of pre-IPO stock options; expired stock options after death

Content with the This is premium content symbol requires Premium or Pro Membership at myStockOptions.com.

MSO Pro is our membership level for financial and wealth advisors. It lets you track and model stock grants for multiple clients, and provides online tools for communicating with clients.
 

EDITOR'S WELCOME

The third quarter of 2007 kept our editorial team busy with many updates and additions to the award-winning content of myStockOptions.com.

New Articles On Retirement And Funding College With Stock Grants

Our content section Life Events continues to expand. During the past quarter we published the second and third articles in Troy Onink's series on using stock grants to pay for higher education. His three articles form the backbone of our new subsection College Funding in the section Life Events. In addition, our content on divorce, retirement, and retirement planning has been very active lately with additions and changes.

Year-End Planning

Our busiest time starts with the upcoming year-end period, followed (of course) by tax season. We have already updated our flagship year-end articles and FAQs for planning opportunities specific to 2007. On the website you can find this content in the section Financial Planning: Year-End Planning.

AMT Reform?

We are carefully watching the debate in Congress about reforming the alternative minimum tax (AMT), which is increasingly hitting middle-income taxpayers. See the FAQ where we track developments.

Have Your Say With Our Comments Feature

For over seven years, we have been writing about stock compensation; now you can have your say. Registered users can now contribute to our website by submitting comments at the end of each article. Want to add a fact or observation about the topic? Challenge a point we make? Suggest further reading? All of the above? Speak your mind and help our website continue to be the best online resource on stock compensation.

Explore Our Award-Winning Library Of Content

Below is a selection of content we added or revised during the third quarter of 2007. 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 that bears 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 or Pro 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

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

How is fair market value determined for W-2 reporting of NQSO taxable income at exercise and for tax withholding? This is premium content

If I move to another country to work, will I still have to pay US taxes on option exercises, restricted stock vesting, and stock sales? Can I avoid double taxation? This is premium content

Tax Center: Restricted Stock & RSUs

At death, do tax withholding and reporting apply to restricted stock if the vesting is accelerated or allowed to continue? This is premium content

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

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CONTENT SECTIONS

Basics

Basics: Core Concepts

How Does Your Company's Stock Plan Compare? (Part 1) This is premium content

How Does Your Company's Stock Plan Compare? (Part 2) This is premium content

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

Basics: Grants

Does the IRS have any rules on setting exercise prices? This is premium content

Basics: Vesting

Does the law mandate any minimum vesting schedule? This is premium content

Any data on vesting schedules for restricted stock? This is premium content

How does a call to active military duty affect stock grants?

Basics: Exercise

What methods may be used to exercise an option?

How is the income at exercise taxed? This is premium content

Is my employer required by law to give me choices in how I exercise my options? What are the most common methods? This is premium content

Can the exercise of stock options be an insider trading violation? This is premium content

Basics: Alternatives

Which do companies grant more often: restricted stock or restricted stock units (RSUs)? This is premium content

What advantages does restricted stock have over stock options? 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

Basics: Valuation & Expensing

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

Are there any examples and surveys that show how ESPPs are changing with mandatory expensing? This is premium content

What do examples and surveys show about the effects mandatory expensing is having on my stock grants? This is premium content

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NQSOs

NQSOs: Taxes Advanced

Stockbrokers' And Financial Planners' Year-End Secrets (Part 3): What We Tell Our Best Clients This is premium content

Taking An Overseas Assignment: Stock Compensation For Mobile Employees This is premium content

How is fair market value determined for W-2 reporting of NQSO taxable income at exercise and for tax withholding? This is premium content

My company backdated more stock options than just those of the senior executives. How does this affect employees like me and the taxation of my stock grants? This is premium content

If I move to another country to work, will I still have to pay US taxes on option exercises, restricted stock vesting, and stock sales? Can I avoid double taxation? This is premium content

What are "discounted stock options," and how are they taxed? This is premium content

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ISOs & AMT

ISOs: Taxes Advanced

Taking An Overseas Assignment: Stock Compensation For Mobile Employees This is premium content

My company backdated more stock options than just those of the senior executives. How does this affect employees like me and the taxation of my stock grants? This is premium content

If I move to another country to work, will I still have to pay US taxes on option exercises, restricted stock vesting, and stock sales? Can I avoid double taxation? This is premium content

ISOs: AMT

What is the alternative minimum tax? How likely is its reform? This is premium content

ISOs: AMT Advanced

Stockbrokers' And Financial Planners' Year-End Secrets (Part 3): What We Tell Our Best Clients This is premium content

When I hold ISO stock, how far must the stock price drop from the market price at exercise for AMT to exceed what my ordinary income tax would be if I sold the shares this year? This is premium content

What ISO strategies can help minimize AMT liability? This is premium content

At year-end, is there any general way to determine how many ISOs I can exercise and hold before triggering AMT? This is premium content

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Employee Stock Purchase Plans (ESPPs)

Employee Stock Purchase Plans: Rules

ESPPs And Your Financial Planning (Part 2) This is premium content

When did ESPP expensing become mandatory, and how may my ESPP change? This is premium content

Are there any examples and surveys that show how ESPPs are changing with mandatory expensing? This is premium content

Employee Stock Purchase Plans: Taxes Advanced

ESPPs And Your Financial Planning (Part 2) This is premium content

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Restricted Stock, Restricted Stock Units, & Performance Shares

Restricted Stock: Basics

Which do companies grant more often: restricted stock or restricted stock units (RSUs)? This is premium content

What advantages does restricted stock have over stock options? This is premium content

Restricted Stock: Advanced

Taking An Overseas Assignment: Stock Compensation For Mobile Employees This is premium content

Any data on vesting schedules for restricted stock? This is premium content

Can my company set ownership guidelines or require me to retain a certain amount of company stock from a stock option exercise or a restricted stock grant? This is premium content

If I move to another country to work, will I still have to pay US taxes on option exercises, restricted stock vesting, and stock sales? Can I avoid double taxation? This is premium content

What do examples and surveys show about the effects mandatory expensing is having on my stock grants? 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 Units

Which do companies grant more often: restricted stock or restricted stock units (RSUs)? This is premium content

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

With restricted stock units, can I defer delivery of the shares at vesting? This is premium content

Restricted Stock: Taxes

Are the tax rules for restricted stock different if I am an independent contractor, a consultant, or an outside director? This is premium content

Restricted Stock: Taxes Advanced

At death, do tax withholding and reporting apply to restricted stock if the vesting is accelerated or allowed to continue? This is premium content

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Stock Appreciation Rights (SARs)

Stock Appreciation Rights: Basics

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

What do examples and surveys show about the effects mandatory expensing is having on my stock grants? This is premium content

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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: Year-End Planning

Stockbrokers' And Financial Planners' Year-End Secrets (Part 3): What We Tell Our Best Clients This is premium content

Ten Ideas For Year-End Stock Option Tax Planning This is premium content

What are some year-end strategies for stock options, stock appreciation rights, and restricted stock? This is premium content

When I hold ISO stock, how far must the stock price drop from the market price at exercise for AMT to exceed what my ordinary income tax would be if I sold the shares this year? This is premium content

At year-end, is there any general way to determine how many ISOs I can exercise and hold before triggering AMT? This is premium content

Financial Planning: Strategies

ESPPs And Your Financial Planning (Part 2) This is premium content

I have vested stock options. What should I do: exercise and hold, exercise and immediately sell, or wait to exercise? This is premium content

Financial Planning: Advanced Strategies

What ISO strategies can help minimize AMT liability? This is premium content

Is there a way to defer taxation when I sell company stock? This is premium content

Financial Planning: Diversification

Stockbrokers' Secrets (Part 5): What I Tell My Best Clients About Company Stock Diversification This is premium content

How do I calculate whether my after-tax gains will be greater by investing my current option spread into a mutual fund or a diversified stock portfolio, as opposed to just waiting to exercise the options at the end of the term? This is premium content

Financial Planning: High Net Worth

Negotiating And Structuring Your Stock Compensation (Part 2): Private Companies

Taking An Overseas Assignment: Stock Compensation For Mobile Employees This is premium content

Strategies For Hedging Concentrated Stock Positions (Part 3) This is premium content

Techniques To Defer Or Reduce Taxes On The Sale Of Your Company's Shares (Part 1): QSB Stock This is premium content

Can my company set ownership guidelines or require me to retain a certain amount of company stock from a stock option exercise or a restricted stock grant? This is premium content

Financial Planning: Gifts

What is the tax treatment for gifts of company stock? This is premium content

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Job Events

Job Events: Job Search, Negotiation, & Hiring

Negotiating And Structuring Your Stock Compensation (Part 2): Private Companies

Taking An Overseas Assignment: Stock Compensation For Mobile Employees This is premium content

Job Events: Termination

How long do I have to exercise my vested stock options after my employment ends?

Job Events: Consultants & Contractors

Are the tax rules for restricted stock different if I am an independent contractor, a consultant, or an outside director? This is premium content

Can a consultant use the proceeds from an NQSO exercise or restricted stock vesting to fund a Keogh or SEP? This is premium content

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Life Events

NEW! Life Events: College Funding

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

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

To seek financial aid for my children's college tuition, I need to report my income and assets to the US Department of Education on the Free Application for Federal Student Aid (FAFSA). Should I list my stock grants? At what value? This is premium content

What is the tax treatment for gifts of company stock? This is premium content

Life Events: Divorce

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

Do I pay any taxes when stock options are transferred to my former spouse as a part of my divorce settlement? This is premium content

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

Instead of transferring stock options to my ex-spouse in the divorce property settlement, can I assign the economic benefits of her/his portion with the right to designate exercise? This is premium content

In a divorce agreement, how is my ESPP treated? Is transferring to my former spouse ESPP stock that has not met the holding period a disqualifying disposition? This is premium content

Who pays taxes when restricted stock or vested company shares are transferred in a divorce settlement? How is restricted stock handled in divorce? This is premium content

Life Events: Retirement

When should I start taking Social Security benefits? 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

Can a consultant use the proceeds from an NQSO exercise or restricted stock vesting to fund a Keogh or SEP? This is premium content

Life Events: Death Taxes

At death, do tax withholding and reporting apply to restricted stock if the vesting is accelerated or allowed to continue? This is premium content

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M&A

M&A Basics

What is a "lockup"? This is premium content

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SEC Law & Rule 10b5-1 Trading Plans

SEC Law: Basics

My company backdated more stock options than just those of the senior executives. How does this affect employees like me and the taxation of my stock grants? This is premium content

SEC Law: Insider Trading

Can the exercise of stock options be an insider trading violation? This is premium content

SEC Law: Rule 10b5-1 Trading Plans

Is it possible to violate insider-trading laws by terminating or modifying my Rule 10b5-1 trading plan when I know material nonpublic information? This is premium content

What are best practices for Rule 10b5-1 trading plans? This is premium content

SEC Law: Rule 144

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

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Pre-IPO

Pre-IPO: Basics

Negotiating And Structuring Your Stock Compensation (Part 2): Private Companies

Does the IRS have any rules on setting exercise prices? This is premium content

Is my employer required to buy back my shares when I leave the company? This is premium content

Pre-IPO: Early Exercise Options

I have early exercise options. If I leave my company before my options vest, or if it goes out of business, is my company required to repurchase my shares? This is premium content

Pre-IPO: Going Public

Techniques To Defer Or Reduce Taxes On The Sale Of Your Company's Shares (Part 1): QSB Stock This is premium content

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GLOBAL TAX GUIDE This is premium content

UPDATED OR EXPANDED

Canada
France
India
Ireland
Israel
Spain
Switzerland
United Kingdom

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GLOSSARY

NEW!

dual-class shares
long-term unused minimum tax credit
performance-based restricted stock
performance conditions
pillow talk
service condition
time-based stock award

UPDATED OR EXPANDED

net unrealized appreciation (NUA)
performance stock options
Rule 701
springloading

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ASK THE EXPERTS

NEW!

I have about 70,000 vested incentive stock options (ISOs) in the stock of my previous company, which I just quit. The company's stock plan gives me a 90-day window to exercise these stock options before they expire. The options were given to me at two cents per share when I joined the company, and I am told the price is now 25 cents per share. I want to exercise all the stock options, as I feel that the company has the potential to be acquired or go public in the near future. What will be the tax impact when I exercise these options? I will just exercise, not sell, as the company is still private and not public.

My husband passed away two summers ago. I was not aware, and his company did not notify me, that he had stock options which were about to expire at the beginning of this year. Even if I had been aware, I did not have exercise rights, as his will was in probate and I was not approved as executrix until this summer. His company would not tell me any detailed information because I did not have a letter of testamentary. Is there any way to retrieve the lost money on the expired options?

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