Reminder To Perform Annual ISO/ESPP Reporting In January 2018

Reminder To Perform Annual ISO/ESPP Reporting In January 2018

As discussed in our December 16, 2010 blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the "Code") that require Employers to annually furnish each employee who exercised incentive stock options ("ISOs") or sold or otherwise transferred shares acquired under an employee stock purchase plan ("ESPP") during a year with a detailed information statement by January 31 of the following year. In addition, Employers must generally file an information return with the IRS by February 28 of the following year, or by March 31 for Employers filing electronically.

Information Statements to Employees for 2017 ISO/ESPP Transactions

If in 2017 an employee exercised an ISO (i.e. a stock option described in Section 422 of the Code), the Employer must provide the employee with a written information statement by January 31, 2018. Form 3921 should be used, however, a qualifying substitute form may also be used so long as it contains the required information. Only one transaction can be reported on a Form 3921 or in other words, an employee will receive more than one Form 3921 from his/her employer for a calendar year if the employee effected more than one ISO exercise in such year.

If in 2017 legal title to stock purchased under an ESPP (i.e. a plan described in Section 423 of the Code) was transferred from the employee to a third party, and such transfer was the first transfer of such shares, the Employer must provide the employee with a written information statement by January 31, 2018. Form 3922 or a qualifying substitute form may be used. Only one transaction can be reported on a Form 3922 or in other words, an employee may receive more than one Form 3922 from his/her employer for a calendar year.

Information Reporting to the IRS

In addition, Employers must file an information return with the IRS by February 28, 2018 or by April 2, 2018 for Employers filing electronically. Companies...