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Music incentive stock options ISOs are a type of employee stock option that can be granted only to employees and come for a u.s. tax benefit ISOs are also sometimes referred to as incentive share options or qualify stock options by IRS the tax benefit is that on exercise the individual does not have to pay ordinary income tax nor employment taxes on the difference between the exercise price and the fair market value of the shares issued however the holder may have to pay us alternative minimum tax instead instead if the shares are held for one year from the date of exercise and two years from the date of grant then the profit if any made on sale of the shares is taxed is long-term capital gain long term capital gain is taxed in the u.s. at lower rates than ordinary income although ISOs have more favorable tax treatment than known ISOs aka non-statutory stock option and so or not in qualify stock option coordinates o they also require the holder to take on more risk by having to hold on to the stock for a longer period of time if the holder is to receive optimal tax treatment however even if the holder disposes of the stock within the year it is possible that there will still be marginal tax deferral value as compared to encodes if the holding period though less than a year straddles the ending of the taxpayers taxable reporting period note further that an employer generally does not claim a corporate income tax deduction which would be in an amount equal to the amount of income recognized by the employee upon the exercise of its employees ISO unless the employee does not meet the holding period requirements but see coglin section 174 our anni deduction upon state satori stock option exercise 58 tax law 435 two thousand five whizzing those on the other hand the employer is always eligible to claim a deduction upon its employees exercise of them so additionally there are several other restrictions which have to be met by the employer or employee in order to qualify the compensatory stock option as an ISO for a stock option to qualify as ISO and thus receive special tax treatment under Section 421 a of the Internal Revenue Code the code it must meet the requirements of section 422 of the code when granted and at all times beginning from the grant until it's exercised the requirements include the option may be granted only to an employee grants to non-employee directors or independent contractors are not permitted who must exercise the option while he/she is an employee or no later than three three months after termination of employment unless the option holder is disabled in which case this three-month period is extended to one year in case of death the option can be exercised by the legal heirs of the deceased until the expiration date the option must be granted under