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Date:   Tue, 13 Sep 2005
From:   Alayne

Are payroll taxes (FICA and Medicare) due for ordinary income relating to the disqualified disposition of ISO shares? How about ordinary income from the disqualified disposition of ESPP shares?

Answer

Date:   Wed, 12 Oct 2005

Hello Alayne,

ISOs and ESPPs are both "qualified stock option plans" under the Internal Revenue Code. The additional compensation resulting from a disqualifying disposition of shares purchased using these options are not subject to employment taxes like FICA and Medicare.

Good luck!

Mike Gray

For more information about incentive stock options, request our free report, Incentive Stock Options - Executive Tax and Financial Planning Strategies.

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.