Should an ISO sale be reported as wages on form W-2?

April 12, 2004

Subject:  ISO
Date:  Thu, 1 Apr 2004
From:  Bernard

Michael,

I am working with a client that exercised ISO’s 2 1/2 years after the grant date and performed a sale of those options on the same day. The gain on the sale is being reported on his W-2 as wages and considered a disqualifying transaction. Is that correct?

Bernard
Baltimore, MD

Answer

Hello Bernard,

Yes. Look at Internal Revenue Code Section 422.

Good luck!

Mike Gray

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