Can the various stock option types be used by an LLC?

July 21, 2003

Subject:   LLC and Options
Date:   Wed, 18 Jun 2003
From:   Tom

Can the various types of stock options be used in an LLC?


Date:   18 Jul 2003

Hello Tom,

See my discussion about the new proposed regulations for ISOs and ESPPs in my newsletter.

If the LLC is electing to be taxed as a corporation, interests in the LLC will qualify for ISOs and ESPPs. Interests in an LLC that is electing to be taxed as a pass-through or disregarded entity probably won’t qualify.

Non-qualified employee options could be designed for any type of LLC.

Good luck!

Mike Gray

For more answers to our readers’ questions and to learn about new tax developments relating to employee stock options, subscribe to our newsletter, Michael Gray, CPA’s Option Alert!

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