What happens if you are granted more stock options than ISO limits allow?

June 16, 2000

Subject: ISO-qualified vs non-qualified
Date: Mon, 12 Jun 2000
From: Bob

I am confused about the regulations that make a qualified iso non-qualified.

I am told that only the first $100,000 worth of ISO stock granted any one employee, which becomes exercisable for the tirst time during any one year, is entitled to the favorable ISO treatment. Any amount above the $100k is treated as a non-statutory stock option. Is the $100k obtained from the fair market value of the stock at the time the option is exercised or is the $100k obtained by what you pay to exercise?

I appreciate your service greatly!!

Austin, TX


Date: Mon, 12 Jun 2000

Hello Bob,

The $100,000 limit is based on the fair market value of the options when they are granted. IRC Section 422(d)(3).

Good luck!

Mike Gray

For more information about incentive stock options, request our free report, Incentive Stock Options – Executive Tax and Financial Planning Strategies.

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