Proposed Employee Stock Purchase Plan Regulations Issued

Today, the IRS issued proposed regulations for employee stock purchase plans under Section 423 of the Internal Revenue Code.  The proposed regulations provide a comprehensive  set of rules governing stock options issued under ESPPs.

 

IRS Waives Employer Reporting Obligation for Qualified Stock Options Exercised in 2007

By Stuart Harris and Jeni Lassell

For 2007 the IRS has waived the requirement that employers file an information return on the exercise of incentive stock options (ISO) or discounted options under a qualified Employee Stock Purchase Plan (ESPP). Employers must continue to provide certain written information to any person who has exercised an ISO, or who has received discounted stock during the year pursuant to an ESPP. Continue reading...

IRS Waives ISO and ESPP Reporting to IRS for 2007

The requirement that employers file information returns with the IRS (in addition to providing information to employees, which is still required), with regard to incentive stock option exercises, and certain stock transfers pursuant to employee stock purchase plans, has been waived for 2007. Employers must continue to provide the information to employees, as before.  Notice 2008-8, 2008-3 IRB.