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Video instructions and help with filling out and completing Nonstatutory stock options reported on form w-2
They've Syme here again I'm a securities attorney and I am also a principal in tartan Capital Advisors and today we have an interesting topic well it's actually a boring topic but you're going to find it very interesting because it has significant impact on our clientele and that is stock option programs and there's two kinds of stock option programs which makes it a little bit confusing and then there's 83-b election which hat which puts a whole different color on the whole discussion and I wanted to kind of go through this and explain to you what the statutory program is what the non-statutory program is and why 83-b almost makes it so it doesn't matter if you actually want to speed ahead in the video you can cut to the chase in the bottom line but but let's let's go through it I'll try to make it painless okay so a statutory stock option program is a is available only to employees of the company okay so not not the consultants not attorneys not friends not vendors it's just for employees okay and when the options are initially granted it's not a taxable event when the stock person converts from the option into the stock that's also not a taxable event that's important also and then finally when they go and actually sell the stock that's when it's a taxable event now there's a question when they finally sell the stock which is the only taxable event okay is it considered long term capital gains or short term capital gains the short term capital gains is ordinary income just like w2 earnings so you don't want that okay anyone void that the rule is in order for the ultimate sale to be considered long term capital gains it has to be either two years from the date that the option was granted or one year from the date it was exercised the option is granted you know Year Zero and then right around year one and a half the guy converts and sells that's short-term capital gains because it wasn't two years from the grant okay that's the statutory a stock option program parameters okay now let's switch over and let's talk about non-statutory now the good thing about non-statutory is you can give it to consultants you can give it to vendors you can give it to your attorneys you can give it to at you know you can give it to people that are they're involved with the company but not actual employees okay so however you don't get as good treatment in a non-statutory and let's talk about the difference the difference is let's say that you you you give a guy a stock your zero okay and then as as things go on let's say year eighteen months out he exercises and turns it into stock okay so he goes from the option into the actual stock believe it or not that's.