If you're one of the
many thousands, or perhaps even millions, of US taxpayers
who exercised incentive stock options (ISOs) this
year and have seen their value plunge since exercise,
you may be considering a sale to avoid paying Alternative
Minimum Tax (AMT) - but be careful, there are some
traps for the unwary.
Here's how it goes.
The AMT, as you probably
know, was brought in to stop well-heeled clever sox
from using the tax laws too effectively in order to
pay little or no tax, and says that if you earn more
than $90,000 and have taken large deductions then
you also have to calculate your tax bill under AMT
rules, which don't allow any standard or personal
exemptions. You also don't get a credit for any state
taxes paid, nor are you allowed to take any miscellaneous
itemized deductions. If the AMT calculation shows
more tax than your calculation under normal rules,
then you pay the higher amount.
If you're selling stock
which you obtained by exercising ISOs this year, and
the price you sell at is below the value at exercise,
then the normal rules are that you pay income tax
on the difference between the exercise price and the
sale price - to get the 20% long-term capital gains
tax rate you have to hold the shares for at least
two years after the options are issued or one year
after exercise, whichever is longer.
But if you are 'in' AMT,
which many people are, the rules say that the whole
difference between the exercise price and the value
on exercise have to be taken in as taxable income.
The only way out is to sell the shares, which is said
to 'disqualify' them, and then you will only pay income
tax on the difference between the exercise price and
the sale price.
But be careful! If you
'bed-and-breakfast' the shares, buying them back in
less than 30 days after sale, you will lose the right
to escape AMT under the wash-sale rule, which says
that if you sell a security at a loss, you must wait
at least 30 days before you can buy back that same
security, or the tax loss will be disallowed. That's
true even if there isn't a loss because the rule helpfully
adds a rider saying that you have to ask the question:
If there were a loss, would the transaction be disallowed?
For stock under an ISO which is sold out at between
the exercise value and the exercise price, the answer
is, yes, it would, so the whole transaction is 'caught'.
The way many shares are
going right now, you probably want to wait a lot more
than 30 days before buying them back again anyway!
To find out whether you're
in AMT territory, you have to do the calculation,
using tax preparation software like Intuit's TurboTax.
IRS Form 6251 (Alternative Minimum Tax - Individuals)
has more details on the calculation.