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From:   Paul

My question is:

Can an individual offset gain from a same-day NQ exercise with short term capital loss? Since this gain shows up in my W-2 may I somehow list it on my schedule D?

Thanks.

Answer

Hello Paul,

Since the gain from a same-day sale of stock acquired with a non-qualified employee stock option is ordinary income, it is properly reported by an employee as wages, not capital gains. Only up to $3,000 of net capital losses may be deducted from other income, including the income from non-qualified options.

Since you sold the stock, at least you should have the cash to pay the tax. Your employer should have withheld some taxes from your sale proceeds.

Good luck!

Mike Gray

For more information about non-qualified stock options, request our free report, Non-Qualified 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.