Do I have to issue W-2s for disqualifying dispositions?

October 17, 2011

Date:   Mon, 29 Oct 2007
From:   Sayeeda


I am in the process of preparing W-2 forms for our employees, and have ISO and ESPP disqualifying dispositions for some employees who were not on our payroll for the 2007 calendar year. ADP, our payroll service, has purged them since there was no activity for the year.

Do we need to issue a W-2 for them? They will receive a Form 1099 from the stock brokerage companies for the sale of the stock.

Your response is greatly appreciated.


Date:   20 Nov 2007

Hello Sayeeda,

Yes. You do need to issue a W-2 form for the disqualifying disposition.

The income to be reported is different from the gross receipts from the stock sales. The employees should make a basis adjustment for the ordinary income reported on Form W-2 when they report the stock sales.

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!

Comments are closed.