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Subject:   LLC and Options
Date:   Wed, 18 Jun 2003
From:   Tom

Can the various types of stock options be used in an LLC?

Answer

Date:   18 Jul 2003

Hello Tom,

See my discussion about the new proposed regulations for ISOs and ESPPs in my newsletter.

If the LLC is electing to be taxed as a corporation, interests in the LLC will qualify for ISOs and ESPPs. Interests in an LLC that is electing to be taxed as a pass-through or disregarded entity probably won't qualify.

Non-qualified employee options could be designed for any type of LLC.

Good luck!

Mike Gray

For more answers to our readers' questions and to learn about new tax developments relating to employee stock options, subscribe to our newsletter, Michael Gray, CPA's Option Alert!

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.