Do NQSOs qualify for installment sale reporting?
September 23, 2011
Date: Thu, 21 Oct 2010
I saw that you wrote in 2003 relating to the installment sale of ISO stock and that you believe that a disqualified disposition of ISO stock would not qualify for installment sale reporting. Do you believe the same for NQSOs?
Could an NQSO be converted to a nonqualified deferred compensation plan?
Right. There is no postponement of reporting income relating to the exercise of an NQSO unless the stock isn’t vested or is subject to restrictions under SEC Rule 16(b). For a buyout of the options themselves, postponement would require some sort of structure under the deferred compensation rules, Section 409A.
Under the regulations for Section 409A, it’s very difficult to convert a nonqualified option to a nonqualified deferred compensation plan. This was done before Section 409A was adopted.