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Nonqualified Stock Option

   Also found in: Acronyms, Wikipedia 0.01 sec.
Nonqualified Stock Option
Any employee stock option that does not meet with IRS requirements for preferential tax treatment.


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They are called the nonqualified stock options and qualified, or incentive, stock options, or the ISOs.
However, Section 409A does not apply to: (1) incentive stock options; (2) restricted stock and nonqualified stock options with an exercise price that can never be less than fair market value of the underlying stock on the grant date of the nonqualified stock option; (3) employee stock purchase plans qualified under Section 423 of the Code; (4) nondiscounted SARs with respect to stock of private as well as public companies' stock; and (5) puts/calls if the purchase price is at fair market value.
2004-60, the IRS adopted (with modifications) Notice 2002-31'S proposed rules on withholding and income tax reporting for the transfer of nonqualified stock options (NQSOs) and nonqualified deferred compensation incident to a divorce.
 
 
 
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