REG-02 F8fe2e8
REG-02 F8fe2e8
REG-02 F8fe2e8
2
Individual Taxation: Part 2
Module
1 Adjustments 3
2 Itemized Deductions 15
Adjustments REG 2
1 Overview
Adjustments for AGI (often referred to as "above-the-line" deductions, or "deductions to arrive at
AGI") include the following:
Educator expenses
Traditional IRA contribution deduction
Student loan interest deduction Above-the-line (AGI)
Health savings account deduction deductions to arrive
Moving expenses (only for members of the U.S. Armed Forces moving pursuant to
at AGI
military order)
Not Deductible part of self-employment tax
deducted Self-employed health insurance deduction
on
Schedule C Deduction for contributions to certain self-employed retirement plans
Penalty on early withdrawal of savings
Alimony paid (only for divorce or separation agreements executed on or before
December 31, 2018)
Attorney fees paid in certain discrimination and whistle-blower cases
Pass Key
The CPA Examination will often refer to "adjustments" as "deductions to arrive at adjusted
gross income."
2 Educator Expenses
Eligible educators can deduct up to $300 of qualified expenses paid. If spouses are filing
jointly and both are eligible educators, the maximum deduction is $600.
Neither spouse can deduct more than $300 of his or her qualified expenses.
An eligible educator is a kindergarten through grade 12 teacher, instructor, counselor,
principal, or aide working in a school for at least 900 hours during a school year.
Qualified expenses include ordinary and necessary expenses paid in connection with books,
supplies, equipment (including personal protective equipment and supplies, computer
equipment, software, and services), and other materials used in the classroom.
y Deductible expenses also include costs of professional development.
y An ordinary expense is one that is common and accepted in one's educational field.
y A necessary expense is one that is helpful and appropriate for one's profession as an
educator (does not have to be required).
Qualified expenses do not include expenses for homeschooling or for nonathletic supplies
for courses in health or physical education. Qualified expenses must be reduced by the
following amounts:
y Excludable U.S. series EE and I Savings Bond interest from Form 8815.
y Nontaxable qualified state tuition program earnings.
y Nontaxable earnings from Coverdell education savings accounts.
y Any reimbursements received for these expenses that were not reported on Form W-2.
3.1 Contributions
3.1.1 General Rule
The annual maximum contribution to IRAs is limited to the lesser of:
Combine
their
income
The annual limits apply to the sum of a taxpayer's contributions to deductible IRAs,
nondeductible IRAs, and Roth IRAs.
Earned Income Includes:
y Salary and wages
y Commissions
y Bonuses
y Alimony (for divorce or separation agreements executed before December 31, 2018)
y Net earnings from self-employment
y Non-tuition fellowship and stipend payments treated as taxable compensation
Earned Income Does Not Include:
y Interest and dividends
y Annuity income
y Pensions
y Alimony (for divorce agreements executed after December 31, 2018)
Question: What is Kristi's maximum IRA deduction if she does not participate in an
employer-sponsored retirement plan?
Answer: $6,500. She would not be subject to the AGI limitations if she did not participate in
an employer-sponsored retirement plan.
Deduction is completely phased out at AGI equal to or more than $90,000 (2023) for
unmarried taxpayers (single or head of household) and $185,000 (2023) for married
taxpayers filing jointly. Married taxpayers must file jointly to claim the adjustment.
A dependent may not claim the adjustment.
The taxpayer must be legally obligated to pay the loan (e.g., interest paid by a parent on a
child's student loan will not qualify for the adjustment).
Interest is only deductible on loans incurred by a taxpayer solely to pay for qualified
education expenses (e.g., general loans such as a home equity line of credit would
not qualify).
6 Moving Expenses
Moving expense deductions are only allowed for members of the Armed Forces (or spouses and
dependents) on active duty who move pursuant to a military order and incident to a permanent
change of station.
Self-employed taxpayers with net business income are subject to two taxes: income tax and
self-employment (Social Security and Medicare) tax. Fifty percent of the self-employment tax is
deducted to arrive at adjusted gross income. You pay both: employer and employee
Not
deducted
on 8 Self-Employed Health Insurance
Schedule C
Self-employed individuals may deduct all of the health insurance premiums paid for the
taxpayer, spouse, and dependents, provided that the plan is set up in the name of the
self‑employed individual or the individual's business. The deduction is limited to the amount of
the taxpayer's self-employment income. The health insurance premiums are deducted above
the line (adjustment), rather than as an itemized deduction subject to a percentage of AGI floor.
Facts: Peter has self-employment net income (after the deduction for one-half of the
self‑employment tax, but before any SEP IRA contribution) of $100,000.
Required: Calculate Peter's maximum allowable contribution to his SEP IRA self‑employed
retirement plan for 2023.
Solution:
An example of forfeited interest is the interest penalty on early withdrawal of savings when
funds in a certificate of deposit are withdrawn before maturity.
In certain cases, an adjustment is allowed for attorney fees paid in connection with age, sex,
racial discrimination, and whistle-blower cases. The adjustment amount is limited to the amount
claimed as income from the judgment.
Question 1 MCQ-15962
For the current year, Val and Pat White filed a joint return. Val earned $40,000 in wages and
was covered by his employer's qualified pension plan. Pat was unemployed and received
$5,000 in alimony payments (from a divorce agreement executed in 2017) for the first four
months of the year before remarrying. The couple had no other income. Each contributed
$5,000 to a traditional IRA account. The allowable IRA deduction on their current year joint
income tax return is:
a. $10,000
b. $5,000
c. $1,000
d. $0
Question 2 MCQ-01960
Below-the-line
(AGI)
1 Standard Deduction = 1040 EZ deductions
Those who do not itemize receive a standard deduction, with the amount determined based on
filing status:
2023
Single $13,850
Freebie
Head of household 20,800
Married filing jointly or surviving spouse 27,700
Married filing separately* 13,850
*Available only if both taxpayer and spouse do not itemize. No double-dipping
1.1 Additional Standard Deduction for Age 65 or Older and/or Blindness
The standard deduction for a taxpayer who is age 65 or over or blind is increased by an
additional amount.
2023
Unmarried Married
One Qualified Taxpayer
65 or blind $1,850 $1,500
Both 65 and blind 3,700 3,000
Two Qualified Taxpayers
Each 65 or blind $3,000
Both 65 and blind 6,000
Bob and Suzanne DeFilippis are both age 66 and file a married filing joint
income tax return. For tax year 2023, the standard deduction would be $30,700
($27,700 plus $3,000) because each spouse is age 65 or over.
For tax year 2023, Ed Joback, a blind, single taxpayer, may claim a standard deduction of
$15,700 if he is under age 65 ($13,850 plus $1,850), or $17,550 ($13,850 plus $3,700) if he
is age 65 or over.
Itemized deductions are referred to as "from AGI" deductions and are reported on Schedule A of
an individual taxpayer's Form 1040. A taxpayer itemizes deductions when "from AGI" deductions
are greater than the standard deduction. Taxpayers who are married filing separately must both
take the standard deduction or both itemize. One spouse cannot take the standard deduction
and the other spouse itemize.
Pass Key
Individuals are typically "cash basis." Therefore, generally in order to be tax deductible, the
item must have been:
incurred as an expense
paid or charged to credit card before year-end
Health club memberships recommended by a doctor for general health care (it would have
to be more specific to make it deductible).
Personal hygiene and other ordinary personal expenses (e.g., toothpaste, toiletries,
over‑the‑counter medicines, bottled water, diaper service, maternity clothes, etc.).
2.2 State, Local, and Foreign Taxes : Not federal income taxes Medical
Real estate
For cash-method taxpayers, deductible taxes are generally deductible in the year Income
paid. For accrual-method taxpayers, taxes are generally deductible in the year in Taxes
Property
which they accrue. Itemized deductions for state and local income taxes, state Sales
Interest
and local property taxes, and sales tax are limited to $10,000 in the aggregate.
In addition, foreign real property taxes, other than those incurred in a trade or
Charity
business and those incurred with respect to property held as an investment, are
not deductible. Casualty
2.2.1 Real Estate Taxes (State and Local Taxes)
Misc.
The taxpayer must be legally obligated to pay in order to deduct the taxes.
Prorate taxes in year of sale/purchase.
Taxes paid under protest are deductible. Subsequent recovery is included in gross income.
Real estate taxes do not include street, sewer, and sidewalk assessment taxes. Not
special assessment
Taxes paid through an escrow account are deductible when paid to the taxing authority. By bank
Foreign real estate taxes paid are only deductible if paid in carrying on a trade or business
Real estate taxes on land held for appreciation may be capitalized or deducted at the option
of the taxpayer.
Real estate taxes allocated to part of the home that is used exclusively for business may be
deductible on Schedule C.
Cash basis
2.2.3 Income Taxes (State, Local, and Foreign Taxes)
Estimated taxes paid during the year are deductible. - Deduct in year paid
Taxes withheld from paychecks during the year are deductible.
- Not year applied
Assessments for a prior year's tax that are paid in the current year are deductible.
Itemized deductions
Refunds are included in gross income (if the tax was deducted in a prior year) and should
not be netted against the current year itemized tax deduction.
Pass Key
Once again, "cash basis" taxpayers are entitled to a deduction in the year an item is paid or
charged. Note that there is no "matching" to the year the tax is applicable.
Pass Key
An easy way to understand and remember this rule is to think of it like the limitations on
gambling losses. Investments (a risk/gamble) have the limitation of not being permitted to
deduct a "net investment expense."
Educational loan interest is a deduction to arrive at adjusted gross income and not an
itemized deduction. $2,500 per year
FMV Long-term capital gain property 30% of AGI 30% of AGI 20% of AGI
A private operating foundation actively conducts charitable activities and distributes funds
to its own charitable programs. A private nonoperating foundation distributes funds to other
charitable organizations.
When a taxpayer has charitable contributions that are subject to different AGI limitations, the
AGI limitations are applied first to cash (60% AGI limit), then ordinary income property (50% AGI
limit), then LTCG property (30% AGI limit).
Facts: Joe Kelly itemizes deductions and made the following charitable contributions during
the year:
Cash United Way: Cash $15,000
Ordinary Goodwill: Personal furniture (cost $25,000 three years ago, FMV at date of
contribution $10,000)
Capital Art Museum: Sculpture (cost $20,000 five years ago, FMV at date of contribution $30,000)
Kelly's adjusted gross income (AGI) for the year is $100,000.
Required: Calculate the taxpayer's charitable contributions deduction for the year.
Solution:
Cash: The $15,000 cash contribution to United Way, a public charity, is subject to the
60 percent of AGI limitation.
1. Limitation for contributions subject to 60% limit
(AGI $100,000 × 60%) $60,000
2. Cash contribution to United Way 15,000
3. Allowable deduction for cash contribution (lesser of 1 or 2) 15,000
(continued)
Cash $15,000
(continued)
Ordinary Income Property: The personal furniture contributed to Goodwill, a public charity,
has depreciated in value, so it is ordinary income property and is subject to the 50 percent
of AGI limitation. The amount of the contribution is the lesser of the cost basis or the FMV
at the date of contribution, which is $10,000.
2.4.5 Consideration Received for Contribution Only deduct "excess" paid for item
The taxpayer may only deduct the excess contribution over the consideration received.
Charitable organizations that receive contributions of more than $75 in exchange for services
or property must provide the donor with a written statement that estimates the value of the
deductible portion of the payment.
Raffle tickets bought at a charity bazaar that have a chance of winning a prize do not give
rise to a charitable deduction.
JoAnn Veiga buys a ticket to a charity ball for $200. The actual value of attending the ball
was $50. Veiga may take a charitable deduction of $150.
Deductible loss
The Tax Cuts and Jobs Act of 2017 suspended all miscellaneous itemized deductions Taxes
subject to the 2 percent of AGI floor for tax years 2018–2025.
Not Interest
Misc.
Exam hint: Test will ask you which item is an
"adjustment" or "itemized deduction"
Question 1 MCQ-02011
Which of the following requirements must be met in order for a single individual to qualify
for the additional standard deduction?
Question 2 MCQ-11782
Question 3 MCQ-01926
Taylor, an unmarried taxpayer, had $90,000 in adjusted gross income for the current year.
During the current year, Taylor donated land to a church and made no other contributions.
Taylor purchased the land 15 years ago as an investment for $14,000. The land's fair
market value was $25,000 on the day of the donation.
What is the maximum amount of charitable contribution that Taylor may deduct as an
itemized deduction for the land donation for the current year?
a. $25,000
b. $14,000
c. $11,000
d. $0
Tax Computation
and Credits REG 2
1. Facts: A taxpayer with single filing status has $100,000 of taxable income.
Required: Calculate the income tax liability in 2023.
Solution:
($11,000 − $0) × 10% = $1,100
($44,725 − $11,000) × 12% = $4,047
($95,375 − $44,725) × 22% = $11,143
($100,000 − $95,375) × 24% = $1,110
$1,100 + $4,047 + $11,143 + $1,110 = $17,400
2. Facts: A taxpayer with head of household filing status has $60,000 of taxable income.
Required: Calculate the income tax liability in 2023.
Solution:
($15,700 − $0) × 10% = $1,570
($59,850 − $15,700) × 12% = $5,298
($60,000 − $59,850) × 22% = $33
$1,570 + $5,298 + $33 = $6,901
3. Facts: A taxpayer with married filing jointly filing status has $75,000 of taxable income.
Required: Calculate the income tax liability in 2023.
Solution:
($22,000 − $0) × 10% = $2,200
($75,000 − $22,000) × 12% = $6,360
$2,200 + $6,360 = $8,560
4. Facts: A taxpayer with married filing separately filing status has $50,000 of
taxable income.
Required: Calculate the income tax liability in 2023.
Solution:
($11,000 − $0) × 10% = $1,100
($44,725 − $11,000) × 12% = $4,047
($50,000 − $44,725) × 22% = $1,160.50
$1,100 + $4,047 + $1,160.50 = $6,307.50
The tax rate applied to the next amount of incremental taxable income or deductions is the
marginal tax rate.
It is calculated as the change in tax divided by the change in taxable income.
Facts: Mark, a married taxpayer filing jointly, has discovered that he will receive an
additional consulting check in December 2023 that he did not expect until next year. Before
the additional income, his taxable income is $75,000. After the receipt of the additional
consulting income, his taxable income is $90,000.
Required: Determine Mark's marginal tax rate on the additional taxable income.
Solution:
Tax calculated on $75,000 for married filing jointly:
2.1.1 Nonrefundable Personal Tax Credits : Reduce taxes, but not refund
Personal tax credits may reduce personal tax liability to zero, but they may not result in a refund.
Personal tax credits include:
Child and dependent care credit
Elderly and permanently disabled credit
Education credits
y Lifetime learning credit
y American opportunity credit (60 percent nonrefundable)
Maximum Expenditures
General rule
- Both parents work
One dependent $3,000
- Pay someone to care
Two or more dependents $6,000 for children
2.2.1 Qualifying Persons = Kids and disabled
The child and dependent care credit is available to taxpayers who maintain a household, work,
and incur eligible expenses for the care of the following qualifying persons:
A dependent qualifying child who is under age 13 when the care is provided.
A disabled dependent of any age who is unable to care for himself, whether or not he can
be claimed as a dependent, but who must meet the support test of a dependent (half of
support provided by the taxpayer).
A spouse who is disabled and not able to take care of himself or herself.
Facts: JoAnn Veiga is a widow with two dependent children. Her current year AGI is
$50,000, for which the applicable child and dependent care credit rate is 20 percent. Her
work-related expenses for a home caregiver for the children are $3,600 and $3,800 for child
care at a nursery school.
Required: Calculate the amount of the child and dependent care credit for JoAnn.
Solution: JoAnn can take a child care credit of $1,200, calculated as follows:
Work-related expenses (home caregiver) $3,600
Nursery school expenses 3,800
Total qualifying expenses $7,400
Maximum allowable for two dependents $6,000 Max. with 2 or more kids
Applicable credit percentage × 20%
Amount of credit $1,200
Single Joint
5,000 Base Amount 7,500
( ALL ) (Social Security) ( ALL )
(½ over $7,500) (½ Excess AGI) (½ over $10,000)
Balance Balance
× 15% Rate × 15%
Credit Credit
Facts: Peter is single and 68 years old. He received the following income for the year:
Social Security received $3,120 Nontaxable
Taxable interest 215
Taxable retirement distributions 3,600
Taxable income = $8,060 AGI
Wages from a part-time job 4,245
Required: Calculate Peter's credit for the elderly and/or permanently disabled.
Solution: His credit will be $240, computed as follows:
Peter's adjusted gross income is $8,060, calculated as follows:
Wages from part-time job $4,245
Taxable retirement distributions 3,600
Taxable interest 215
$8,060 AGI
To calculate credit:
Base amount $5,000
Less:
Social Security $3,120
Excess AGI: $8,060
(7,500)
560 × 50% 280 (3,400)
$1,600
Balance 15%
Credit $ 240
The maximum allowable contribution amount is phased out for taxpayers with modified
adjusted gross income between these amounts:
* Item
Income Exclusion
General Rule Limit Income Phase-out
$300,000
Taxable income from all
y foreign operations
× U.S. tax = Foreign tax credit limit $30,000 max. credit
Total taxable worldwide income
$1,000,000 $100,000
Carryover of Excess (Disallowed) Credit
Any disallowed foreign tax credit may be carried over as follows:
Foreign tax paid
y Carry back one year
Example 1 $25,000 Yes
y Carry forward 10 years
2.9.1 Credit
40 percent of first $6,000 of first year's wages
40 percent of first $3,000 to certain summer youth
Pass Key
The most frequently tested issue involving the earned income credit is that it is a
refundable credit.
Three
No One Two or More
Children Child Children Children
Maximum earned income credit $600 $3,995 $6,604 $7,430
Earned income required to receive
$7,840 $11,750 $16,510 $16,510
maximum credit
Credit rate percentage 7.65% 34% 40% 45%
Phase-out percentage 7.65% 15.98% 21.06% 21.06%
Credit phase-out for AGI or earned income
(if greater) over this amount (all taxpayers $9,800 $21,560 $21,560 $21,560
except married filing jointly)
Credit phase-out for AGI or earned income
(if greater) over this amount (for married $16,370 $28,120 $28,120 $28,120
filing jointly)
Facts: Karen is 26 years old. In 2023, she had gross income of $12,000 from her job at the
local university. She is single with no dependents.
Required: Calculate the amount of earned income credit Karen can take in the current year.
Solution: Karen is eligible to take an earned income credit in the amount of $432 after
phase-out.
Facts: Alice started a SEP IRA for her business in the current year that includes herself and two
employees. The eligible start-up costs were $1,200. Alice is not a highly compensated employee.
Required: Calculate the amount of Alice's small employer retirement plan start-up costs credit.
Solution: The amount of the credit is $1,000, which is the greater of:
100 percent of the first $1,000 of eligible start-up costs: $1,000 × 100% = $1,000 or
Lesser of: $250 × 3 employee-participants = $750, or $5,000
The credit is not refundable, and the unused amount is carried back one year and then
carried forward for 20 years. (Tax-exempt organizations, however, will receive a refund
of the tax credit.)
The costs for family members, sole-proprietors, partners, S corporation owners with
greater than two percent ownership, and shareholders owning more than five percent of
corporations are excluded.
If the expenses were used to qualify for the credit, they are not allowable as tax deductions
for employee benefits expense.
2023 Child's
Unearned Income Tax Rate
$0–$1,250 0%
$1,251–$2,500 Child's rate
Over $2,500 Parent's rate
Question 1 MCQ-11783
Mr. and Mrs. Sloan incurred the following expenses during the year when they adopted
a child:
Without regard to the limitation of the credit, what amount of the above expenses are
qualifying expenses for the adoption credit?
a. $16,000
b. $11,000
c. $8,000
d. $5,000
Question 2 MCQ-13097
Which of the following credits can result in a refund even if the individual had no income
tax liability?
a. Lifetime learning credit
b. Elderly and/or permanently disabled credit
c. Earned income credit
d. Retirement savings contribution credit
Question 3 MCQ-02084
Krete, an unmarried taxpayer with income exclusively from wages, filed her initial income
tax return for Year 8. By December 31, Year 8, Krete's employer had withheld $16,000 in
federal income taxes and Krete had made no estimated tax payments. On April 15, Year 9,
Krete timely filed an extension request to file her individual tax return and paid $300 of
additional taxes. Krete's Year 8 income tax liability was $16,500 when she timely filed her
return on April 30, Year 9, and paid the remaining income tax liability balance.
What amount would be subject to the penalty for the underpayment of estimated taxes?
a. $0
b. $200
c. $500
d. $16,500
- Nonqualified
- Qualified
1 Overview - ISO
- Employee stock purchase plans
Corporations may grant their employees the option to purchase stock in the corporation. There
are two types of employee stock options: nonqualified options and qualified options.
2 Nonqualified Options
If the option does not meet certain conditions described below for qualified stock options, it will
be treated as a nonqualified option. A nonqualified option is taxed when granted if the option
has a readily ascertainable value at the time of the grant. Because nonqualified options often do
not have an ascertainable value, the option is generally taxed when exercised.
2.1 Definition of Readily Ascertainable Value = Taxable at grant (if FMV known)
If the option is traded on an established market, it will have a readily ascertainable value.
Otherwise, it will only have a readily ascertainable value if all of the following conditions are met:
The option is transferable.
The option is exercisable immediately in full when it is granted.
There are no conditions or restrictions that would have a significant effect on the value.
The fair value of the option privilege is readily ascertainable.
On July 1, Year 10, Bob was granted a nonqualified stock option to purchase 200 shares
of his employer's stock for $12 per share. This option was selling for $4 per share on an
established exchange. Bob exercised these options on August 7, Year 11. The stock was
selling for $18 per share on the exercise date. On November 1, Year 12, Bob sold all of the
shares for $20 per share.
Employee Bob must report ordinary income in the amount of $800 ($4 × 200 shares) on the date of Grant •
the grant in Year 10 because the option has a readily ascertainable market value.
Bob's adjusted basis in the stock is $3,200 ($2,400 exercise price + $800 recognized Exercise basis
ordinary income). The $2,400 exercise price is 200 shares × $12.
Bob has a long-term capital gain in Year 12 in the amount of $800, which is the selling price Sold
of $4,000 (200 shares × $20) less the adjusted basis of $3,200.
Employer Bob's employer can take a tax deduction in the amount of $800 in Year 10, the amount of
ordinary income recognized by Bob. Same year
3 Qualified Options
There are two types of qualified stock options, incentive stock options (ISO) and employee stock
purchase plans (ESPP).
3.1.1 Requirements
The ISO must be granted under a plan, approved by the shareholders, that sets out the total
number of shares that may be issued and who may receive them.
The options must be granted within 10 years of the earlier of the date when the plan was
adopted or approved. The options must be exercisable within 10 years of the grant date.
The exercise price may not be less than the FMV of the stock at the date of the grant.
The employee may not own more than 10 percent of the combined voting power of the
corporation, parent, or subsidiary as of the date of the grant.
Once exercised, the stock must be held at least two years after the grant date and at least
one year after the exercise date.
The employee must remain an employee of the corporation from the date the option is
granted until three months (one year if due to permanent and total disability) before the
option is exercised.
On July 1, Year 10, Mary was granted an Incentive Stock Option (ISO) to purchase 200 shares of
her employer's stock for $120 per share. The FMV of the stock on the date of grant was $120.
Mary exercised these options on August 7, Year 11. The stock was selling for $150 per share
on the exercise date. On November 1, Year 12, Mary sold all of the shares for $200 per share.
Mary does not recognize any ordinary income at the date of grant because this qualifies as Grant = -0-
an ISO.
Employee Mary's adjusted basis in the stock is the exercise price of $24,000 (200 shares × $120). Exercise = -0-
Mary has a long-term capital gain in Year 12 in the amount of $16,000, which is the selling
price of $40,000 (200 shares × $200) less the adjusted basis of $24,000. The holding period
Sold = Capital
gain
requirements have been met.
Employer Mary's employer receives no deduction for the granting of the option.
3.2.1 Requirements
The plan must be written and approved by the shareholders.
An ESPP cannot grant options to any employee who has 5 percent or more combined voting
power of the corporation, parent, or subsidiary.
Generally, the plan must include all full-time employees other than highly compensated
employees and those with less than two years of employment.
The option exercise price may not be less than the lesser of 85 percent of the FMV of the
stock when granted or exercised.
The option cannot be exercised more than 27 months after the grant date.
No employee can acquire the right to purchase more than $25,000 of stock per year.
Once exercised, the stock must be held at least two years after the grant date and at least
one year after the exercise date.
The employee must remain an employee of the corporation from the date the option is
granted until three months before the option is exercised. Grant
- Not taxable income/compensation
3.2.2 Employee Taxation Exercise
- Capital gain <loss> when sold
Generally, there is no taxation of the option as compensation. The basis of the stock is the
exercise price plus any amount paid for the option (if any).
Generally, any gain or loss on a subsequent sale of the stock is capital. If the holding period
requirements are not satisfied, any gain is ordinary up to the amount that the stock's FMV
on the exercise date exceeds the option exercise price.
Generally, if the options lapse, no deduction is available, as the option was not taxed in the
Exception
first place. There may be a loss if any amount was paid for the option itself.
Bargain
If the option exercise price is less than FMV of the stock on the grant date, then ordinary
income is recognized when the stock is sold. The ordinary income recognized is the lesser
of the difference of the FMV of the stock when sold and the exercise price, or the difference
between the exercise price and the FMV of the stock on the grant date.
Question 1 MCQ-07357