Any advice on gifting non-qualified stock options to a charitable remainder trust?
July 28, 1999
Subject: CRT and Non-qualified stock options
Date: Wed, 21 Jul 1999
I recently signed up today and I am looking forward to your article. However, I have a question which you may be of some help. In fact, my specific question is the gifting of non-qualified stock options into a CRT. I have seen articles dealing with ISO’s but nothing on non-qualified. Now that there are specific rulings on gifting non-qualified options, I am considering a CRT for same. Any advice ?
Date: Wed, 28 Jul 1999
Thanks for writing.
There is no particular advantage in transferring non-qualified stock options to a charitable remainder trust.
The tax advantage of contributing assets to a charitable remainder trust relates to escaping tax for “built in” long-term capital gains, which doesn’t apply to non-qualified options.
Further, the ordinary income is not shifted to the trust. As compensation income, it is personal to the option holder and will be taxed to him or her when the option is exercised.
My advice is, don’t contribute non-qualified options to a charitable remainder trust.