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Date:   Mon, 29 Oct 2007
From:   Sayeeda

Hi:

I am in the process of preparing W-2 forms for our employees, and have ISO and ESPP disqualifying dispositions for some employees who were not on our payroll for the 2007 calendar year. ADP, our payroll service, has purged them since there was no activity for the year.

Do we need to issue a W-2 for them? They will receive a Form 1099 from the stock brokerage companies for the sale of the stock.

Your response is greatly appreciated.

Answer

Date:   20 Nov 2007

Hello Sayeeda,

Yes. You do need to issue a W-2 form for the disqualifying disposition.

The income to be reported is different from the gross receipts from the stock sales. The employees should make a basis adjustment for the ordinary income reported on Form W-2 when they report the stock sales.

Good luck!

Mike Gray

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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.