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Subject:   Non-Qual Question
Date:   Wed, 02 Jun 2004
From:   Kristin

Hi Michael,

My husband has non-qualified stock options. Do you have to pay taxes at the time you exercise the options, or can you elect not to and pay the balance of the taxes when you file your income tax returns?

Kristin

Answer

Date:   Fri, 02 Jul 2004

Hello Kristin,

If your husband is an employee, his employer is required to withhold income taxes and employment taxes (like Social Security and Medicare) when he exercises the options. Since the required federal withholding is 25%, he may owe some additional taxes in April and should also determine whether he should make estimated tax payments.

If your husband is not an employee, withholding is not required and he should review the estimated tax rules to determine whether he needs to make estimated tax payments for the income to be reported.

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.