Should I withhold taxes for a contractor-turned-employee?

September 23, 2011

Date:   3 Apr 2009
From:   Cathy

We issued NQSOs to a consultant who later became an employee and now is exercising the options. Since he’s now an employee, is the company required to withhold income taxes?


Date:   6 May 2009

Hello Cathy,

Since the options were issued for services performed as a consultant, payroll tax withholding shouldn’t apply. The income should be reported to this person using Form 1099-Misc.

Good luck!

Mike Gray

For more information about non-qualified stock options, request our free report, “Executive Tax and Financial Planning For Non-Qualified Stock Options”.

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