Date: 26 Mar 2008
From: Michael
Dear Michael Gray,
Can stock option plans of foreign corporations qualify as ISOs?
Best regards
Michael
Answer
Date: 10 Apr 2008
Hello Michael,
Yes. However, there are a lot of technical requirements to
qualify to be an ISO, including stating on the option grant that
it is an ISO. If a foreign company wants to issue employee stock
options qualifying as ISOs for their U.S. citizen or U.S. resident
employees, it should have a good lawyer help it create and
implement the plan.
Good luck!
Mike Gray
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.