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Date:   Sun, 22 Mar 2009
From:   Padmanabhan

I exercised an NQO with a stock swap and found your information to be useful. Please confirm that the exercise is currently taxable. I didn't receive a 1099 form, but the income is reported at Form W-2, line 12(c). I need to know the process of dealing with the tax treatment for the current year and in the later year when I sell the swapped option shares.

Answer

Date:   6 Apr 2009

Hello Padmanabhan,

I assume the options were fully vested when they were exercised. The exercise of the NQO is currently taxable, and has evidently already been included in your wages on Form W-2. There is nothing more to do for the year of exercise.

The shares that were "swapped" retain their tax basis and holding period. The additional shares received have a tax basis equal to their fair market value on the date of the exchange and the acquisition date is the date the option was exercised. There are examples in our FAQs and in my book, Secrets of Tax Planning For Employee Stock Options.

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.