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Masha Masha is a content developer at IceHrm. You can contact her at masha[at]icehrm.org.

ISO vs. NSO: When Do You Pay Taxes on Stocks?

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Do You Have to Pay Taxes on Stocks?


In the United States, the taxes levied on investments are called "capital gains." These taxes apply when an investment, such as stocks or real estate is sold.

For example, let's say you buy $1,000 worth of stock options. You hold these stocks for five years, during which time their value increases to $1,500, then you decide to sell them. The $500 profit you made from selling your shares is your capital gains in this scenario.

It's important to note that capital gains only occur when you sell an asset. As long as you hold the asset, you can accumulate "unrealized capital gains" that are not taxed.

ISO vs. NSO: What's the Difference?


The U.S. Internal Revenue Code sets a $100,000 limit on incentive stock options (ISOs) for each employee each year.

Options that do not fall within this limit are classified as non-qualified stock options (NSOs), which are taxable upon exercise and may be taxed at a higher rate.

Who Is Responsible for Applying the $100K Rule?


Companies and their respective legal teams are responsible for applying the ISO 100K rule set forth in the Internal Revenue Code (IRC) to ensure that all ISOs and NSOs are properly apportioned. For this reason, it is critical that companies and their legal teams monitor how the rule applies to option grants.

In some cases, complicated changes and transactions may be required to interpret and apply the $100K Rule. Careful review and management is required, and there are various approaches that companies and law firms can use to keep track of allocations and remain compliant.

ISO/NSO splits can often be a bit tricky for both companies and employees. They can impact not only the amount of taxes a company must withhold, but also the tax liability of employees, as ISO and NSO may receive different tax treatment.

Understanding the tax implications of stock investments is crucial. Capital gains, ISOs, and NSOs all play a role. IceHrm ensures companies stay compliant with intricate rules like the ISO 100K rule, easing the management of stock options. Simplify your financial processes with IceHrm.

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