# Stock options



## bertson (17 May 2007)

Hi all
Does anyone know the procedure for tax, when you exercise stock options?

Thanks
Alan


----------



## Nige (17 May 2007)

On the basis that they were not part of a Revenue approved option scheme, you are liable to tax at 41% on the difference between the market value and the price you pay on exercise date (no prsi/levies). 

This tax, together with form RTS01 must be submitted to the Collector General within 30 days of the exercise. You must also submit a tax return (form 12) for that year by October 31 of the next year.

If you hold the shares for a while, you may be subject to CGT on a later sale. For CGT purposes, the base cost will be the market value on the date of exercise (plus any additional costs of acquistion such as stamp duty).


----------



## bertson (17 May 2007)

Thanks Nige


----------



## ClubMan (17 May 2007)

Do a search for the terms _ESPP_, _ESOP _and stock or share options for previous threads on this topic.


----------



## ClubMan (17 May 2007)

Nige said:


> On the basis that they were not part of a Revenue approved option scheme, you are liable to tax at 41% on the difference between the market value and the price you pay on exercise date (no prsi/levies).


A low rate taxpayer would only be liable for 20% unless the nominal income attributable to the discount would push them into the 41% bracket?


> You must also submit a tax return (form 12) for that year by October 31 of the next year.


I never hard to do that.


> If you hold the shares for a while, you may be subject to CGT on a later sale.


But you are still liable for the income tax on the discount as above.


----------



## Nige (17 May 2007)

ClubMan said:


> A low rate taxpayer would only be liable for 20% unless the nominal income attributable to the discount would push them into the 41% bracket?


 
You are required to make the payment at 41% within 30 days *unless* you get prior approval to pay at the lower rate (section 128B).

If you pay at too high a rate, you will get a refund when you submit your return.

Section 128 states that a person subject to tax on the exercise of share options becomes a chargeable person (ie required to make a tax return) unless the tax is gathered through their tax credits (which doesn't happen since 128B was enacted) or they get written notice from the Inspector exempting them from making a return.


----------



## ClubMan (17 May 2007)

Nige said:


> You are required to make the payment at 41% within 30 days *unless* you get prior approval to pay at the lower rate (section 128B).
> 
> If you pay at too high a rate, you will get a refund when you submit your return.


Ah - I see - thanks for the clarification.


> Section 128 states that a person subject to tax on the exercise of share options becomes a chargeable person (ie required to make a tax return) unless the tax is gathered through their tax credits (which doesn't happen since 128B was enacted) or they get written notice from the Inspector exempting them from making a return.


Didn't they alter this such that such (nominal) income under c. €3,175 could be dealt with via the _PAYE _system if the taxpayer opted for it? I wrote to _Revenue _asking about this but never heard anything back from them. I never made a return and have had dealings with _Revenue _since so I am not going to worry about it now. All taxes due have been paid via _RTSO1s _by the way and balancing statements have also been issued for the relevant years.


----------



## Gulliver (17 May 2007)

Nige said:


> You must also submit a tax return (form 12) for that year by October 31 of the next year.


 
I have some income apart from PAYE - more than €3175 - filled out form 12 but the taxman sent it back and demanded that I fill up form 11.  In my case, it required exactly the same info - just transcribed on to different fields.


----------



## jrewing (17 May 2007)

Hmmm...now I'm confused.

I sold some stock options this year and was told by Revenue that I will have to make a return by Oct 2008 for this year. Do I use Form 11 or Form 12 ? All other income is PAYE.


----------



## Nige (18 May 2007)

jrewing said:


> Hmmm...now I'm confused.
> 
> I sold some stock options this year and was told by Revenue that I will have to make a return by Oct 2008 for this year. Do I use Form 11 or Form 12 ? All other income is PAYE.


 

If all your income is PAYE Form 12 should do.

Form 11 is for those with non-Paye income.


----------



## ClubMan (18 May 2007)

But nominal income attributable to discounted stock option/purchase schemes is, by definition, non _PAYE _income isn't it? I thought that you could use Form 12 if such non _PAYE _income was under the c. €3,175 limit but otherwise you were treated as self assessed (even if most of your income was still _PAYE_)?


----------



## Nige (18 May 2007)

ClubMan said:


> But nominal income attributable to discounted stock option/purchase schemes is, by definition, non _PAYE _income isn't it? I thought that you could use Form 12 if such non _PAYE _income was under the c. €3,175 limit but otherwise you were treated as self assessed (even if most of your income was still _PAYE_)?


 
I think you are right there.

It should be a Form 11 if the taxable value of the options was in excess of €3,175.


----------



## house_hunter (18 May 2007)

Hello all,

I have exercised a similar stock option of 500 shares from my employer (UK based). Shares were sold in London Stock Exchange & a sterling cheque was forwarded for the amount gained. Do I have to pay any CGT on it before 30 days period from the date I received the cheque? I think I might have just exceeded the 30 day period!


----------



## jrewing (18 May 2007)

I think it's 30 days of the sale. You can always put in a cover letter explaining the slight delay and the Revenue generally accept that.


----------



## ClubMan (18 May 2007)

house_hunter said:


> I have exercised a similar stock option of 500 shares from my employer (UK based). Shares were sold in London Stock Exchange & a sterling cheque was forwarded for the amount gained. Do I have to pay any CGT on it before 30 days period from the date I received the cheque? I think I might have just exceeded the 30 day period!


If you exercised and sold immediately then chances are you did not make any capital gain so _CGT _would not be an issue at all. What would be an issue though is income tax on the nominal income attributable to any discounted option price (compared to the market value at the time) and, as explained above, this needs to be remitted via _Form RTSO1 _within 30 days unless the scheme is _Revenue _approved and benefits from other tax treatment. In my experience Revnue will not throw the book at you for being late with the _RTSO1_. I was late with one because initially my employer was incorrectly deducting _BIK _tax (and _PRSI _- wrong twice!) in respect of the _ESPP _via payroll and only later did I discover that this was wrong and that the _RTSO1 _within 30 days was the way to go. So I was late but _Revenue _seemed happy enough when I sorted it out late.


----------



## CharlieC (22 May 2007)

I have been exercising stock options for the last 4 years and paid via RTOS1 form. I did not make a return or have been asked to.
These were options awarded to me by employer and exercised and sold same day

Revenue recently started sending me receipts for tax paid which was nice of them


----------



## ClubMan (22 May 2007)

Did they only start sending the receipts recently? I've paid _RTSO1 _tax twice in 2005 and once in 2006 and each time I received a receipt. Seems odd that they would not have issued these in the past...


----------



## Del3D (23 May 2007)

Are share *options *bought/sold through a broker with (tax paid) savings treated in the same way for the purpose of taxation, or are they treated like ordinary shares (and therefore eligible for capital gains tax)?


----------



## jrewing (23 May 2007)

Del3D,
as per a previous post here:



Nige said:


> On the basis that they were not part of a Revenue approved option scheme, you are liable to tax at 41% on the difference between the market value and the price you pay on exercise date (no prsi/levies).
> 
> This tax, together with form RTS01 must be submitted to the Collector General within 30 days of the exercise. You must also submit a tax return (form 12) for that year by October 31 of the next year.
> 
> If you hold the shares for a while, you may be subject to CGT on a later sale. For CGT purposes, the base cost will be the market value on the date of exercise (plus any additional costs of acquistion such as stamp duty).


----------



## Del3D (23 May 2007)

jrewing said:


> Del3D,
> as per a previous post here:



I know this may be splitting hairs... If I sell the option before exercise is it a capital gain? i.e. option sale price - option purchase price. Again, I am not talking about employee stock options, but options purchased with taxed savings from a broker (i.e. Puts and Calls). 

Is there any guide from revenue on traded stock options? I have read the guide on ordinary shares.

Thanks.


----------



## ClubMan (23 May 2007)

Del3D said:


> Are share *options *bought/sold through a broker with (tax paid) savings treated in the same way for the purpose of taxation, or are they treated like ordinary shares (and therefore eligible for capital gains tax)?


If you are talking about put/call options traded on a market then these have nothing to do with _Employee Stock Option/Purchase Plans_ and how they are taxed. If you are talking about something else then I'm not sure what so maybe you can clarify?


----------



## Del3D (23 May 2007)

ClubMan said:


> If you are talking about put/call options traded on a market then these have nothing to do with _Employee Stock Option/Purchase Plans_ and how they are taxed. If you are talking about something else then I'm not sure what so maybe you can clarify?



I am ClubMan, apologies for cross-posting... I have searched this forum and have found the correct thread for my question here


----------



## ClubMan (24 May 2007)

No problem - the terminology can be confusing!


----------

