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When an employee or a person with stock options makes a move to exercise those options, there arises a need for clear, structured reporting of this financial activity to the Internal Revenue Service (IRS). This is where the IRS 3921 form steps in, serving as a vital document for both the employer and the employee involved in these transactions. Each exercise of incentive stock options (ISOs) during the calendar year triggers the requirement for this form. It provides detailed information about the transaction, including the exercise date, the fair market value of the stock, and the exercise price per share, ensuring that all parties are aligned with the legal and tax implications of the stock option exercise. Not only does the form play a crucial role in tax preparation for individuals, but it is also essential for corporations to maintain compliance with federal tax regulations. Understanding the nuances and the substantive information required to accurately complete and file the IRS 3921 form can significantly impact the tax outcomes for individuals and organizations alike, making it a critical piece of documentation in the realm of employee stock options.

IRS 3921 Example

Attention:

Copy A of this form is provided for informational purposes only. Copy A appears in red, similar to the official IRS form. The official printed version of Copy A of this IRS form is scannable, but the online version of it, printed from this website, is not. Do not print and file copy A downloaded from this website; a penalty may be imposed for filing with the IRS information return forms that can’t be scanned. See part O in the current General Instructions for Certain Information Returns, available at www.irs.gov/form1099, for more information about penalties.

Please note that Copy B and other copies of this form, which appear in black, may be downloaded and printed and used to satisfy the requirement to provide the information to the recipient.

To order official IRS information returns, which include a scannable Copy A for filing with the IRS and all other applicable copies of the form, visit www.IRS.gov/orderforms. Click on Employer and Information Returns, and we’ll mail you the forms you request and their instructions, as well as any publications you may order.

Information returns may also be filed electronically using the IRS Filing Information Returns Electronically (FIRE) system (visit www.IRS.gov/FIRE) or the IRS Affordable Care Act Information Returns (AIR) program (visit www.IRS.gov/AIR).

See IRS Publications 1141, 1167, and 1179 for more information about printing these tax forms.

2525

VOID

CORRECTED

TRANSFEROR’S name, street address, city or town, state or province,

1 Date option granted

OMB No. 1545-2129

 

Exercise of an

country, and ZIP or foreign postal code

 

Form 3921

 

 

 

 

 

Incentive Stock

 

 

 

 

 

Option Under

 

 

2 Date option exercised

 

 

 

 

 

(Rev. October 2017)

 

Section 422(b)

 

 

 

 

 

 

 

 

 

 

 

TRANSFEROR’S TIN

EMPLOYEE’S TIN

3 Exercise price per share

4 Fair market value per share

Copy A

 

 

 

on exercise date

For

 

 

 

 

 

EMPLOYEE’S name

 

$

$

 

Internal Revenue

 

 

 

 

 

Service Center

 

 

5 No. of shares transferred

 

 

 

 

 

 

 

 

 

 

 

 

File with Form 1096.

Street address (including apt. no.)

 

6 If other than TRANSFEROR, name, address, and TIN of

For Privacy Act and

 

Paperwork

 

 

corporation whose stock is being transferred

 

 

Reduction Act

 

 

 

 

 

City or town, state or province, country, and ZIP or foreign postal code

 

 

 

Notice, see the

 

 

 

 

 

current version of

 

 

 

 

 

the General

Account number (see instructions)

 

 

 

 

Instructions for

 

 

 

 

 

Certain Information

 

 

 

 

 

Returns.

Form 3921 (Rev. October 2017)

Cat. No. 41179O

www.irs.gov/Form3921

Department of the Treasury - Internal Revenue Service

Do Not Cut or Separate Forms on This Page — Do Not Cut or Separate Forms on This Page

CORRECTED (if checked)

TRANSFEROR’S name, street address, city or town, state or province,

1 Date option granted

OMB No. 1545-2129

 

Exercise of an

country, and ZIP or foreign postal code

 

Form 3921

 

 

 

 

 

Incentive Stock

 

 

 

 

 

Option Under

 

 

2 Date option exercised

 

 

 

 

 

(Rev. October 2017)

 

Section 422(b)

 

 

 

 

 

 

 

 

 

 

 

TRANSFEROR’S TIN

EMPLOYEE’S TIN

3 Exercise price per share

4 Fair market value per share

Copy B

 

 

 

on exercise date

For Employee

 

 

 

 

 

EMPLOYEE’S name

 

$

$

 

This is important tax

 

 

5 No. of shares transferred

 

 

information and is

 

 

 

 

 

being furnished to the

 

 

 

 

 

IRS. If you are required

Street address (including apt. no.)

 

6 If other than TRANSFEROR, name, address, and TIN of

to file a return, a

 

 

corporation whose stock is being transferred

negligence penalty or

 

 

 

 

 

other sanction may be

City or town, state or province, country, and ZIP or foreign postal code

 

 

 

imposed on you if this

 

 

 

 

 

item is required to be

 

 

 

 

 

reported and the IRS

Account number (see instructions)

 

 

 

 

determines that it has

 

 

 

 

 

not been reported.

 

 

 

 

 

 

Form 3921 (Rev. October 2017)

(keep for your records)

www.irs.gov/Form3921

Department of the Treasury - Internal Revenue Service

Instructions for Employee

You have received this form because your employer (or transfer agent) transferred your employer’s stock to you pursuant to your exercise of an incentive stock option (ISO). You must recognize (report) gain or loss on your tax return for the year in which you sell or otherwise dispose of the stock. Keep this form and use it to figure the gain or loss. For more information, see Pub. 525, Taxable and Nontaxable Income.

When you exercise an ISO, you may have to include in alternative minimum taxable income a portion of the fair market value of the stock acquired through the exercise of the option. For more information, see Form 6251, Alternative Minimum Tax—Individuals, and its instructions.

Employee’s taxpayer identification number (TIN). For your protection, this form may show only the last four digits of your social security number (SSN), individual taxpayer identification number (ITIN), or adoption taxpayer identification number (ATIN). However, the employer has reported your complete TIN to the IRS.

Account number. May show an account or other unique number your employer or transfer agent assigned to distinguish your account.

Box 1. Shows the date the option to purchase the stock was granted to you.

Box 2. Shows the date you exercised the option to purchase the stock.

Box 3. Shows the exercise price per share of stock.

Box 4. Shows the fair market value (FMV) of a share of stock on the date the option was exercised.

Box 5. Shows the number of shares of stock transferred to you pursuant to the exercise of the option.

Box 6. Shows the name, address, and TIN of the corporation whose stock is being transferred (if other than the corporation shown in TRANSFEROR boxes in the upper left corner of the form).

Future developments. For the latest information about developments related to Form 3921 and its instructions, such as

legislation enacted after they were published, go to www.irs.gov/Form3921.

CORRECTED (if checked)

TRANSFEROR’S name, street address, city or town, state or province,

1 Date option granted

OMB No. 1545-2129

 

Exercise of an

country, and ZIP or foreign postal code

 

Form 3921

 

 

 

 

 

Incentive Stock

 

 

 

 

 

Option Under

 

 

2 Date option exercised

 

 

 

 

 

(Rev. October 2017)

 

Section 422(b)

 

 

 

 

 

 

 

 

 

 

 

TRANSFEROR’S TIN

EMPLOYEE’S TIN

3 Exercise price per share

4 Fair market value per share

 

 

 

 

on exercise date

Copy C

 

 

 

 

 

EMPLOYEE’S name

 

$

$

 

For Corporation

 

 

5 No. of shares transferred

 

 

 

 

 

 

 

 

This copy should

Street address (including apt. no.)

 

6 If other than TRANSFEROR, name, address, and TIN of

be retained by the

 

corporation whose

 

 

corporation whose stock is being transferred

 

 

 

 

 

stock has been

City or town, state or province, country, and ZIP or foreign postal code

 

 

 

transferred under

 

 

 

 

 

Section 422(b).

 

 

 

 

 

 

Account number (see instructions)

 

 

 

 

 

 

 

 

 

 

 

Form 3921 (Rev. October 2017)

(keep for your records)

www.irs.gov/Form3921

Department of the Treasury - Internal Revenue Service

VOID

CORRECTED

TRANSFEROR’S name, street address, city or town, state or province,

1

Date option granted

OMB No. 1545-2129

 

Exercise of an

country, and ZIP or foreign postal code

 

 

Form 3921

 

 

 

 

 

 

Incentive Stock

 

 

 

 

 

 

Option Under

 

 

2

Date option exercised

 

 

 

 

 

 

(Rev. October 2017)

 

Section 422(b)

 

 

 

 

 

 

 

 

 

 

 

 

 

TRANSFEROR’S TIN

EMPLOYEE’S TIN

3

Exercise price per share

4 Fair market value per share

Copy D

 

 

 

 

on exercise date

For Transferor

 

 

 

 

 

 

EMPLOYEE’S name

 

$

 

$

 

 

 

 

5

No. of shares transferred

 

 

For Privacy Act and

 

 

 

 

 

 

Paperwork

 

 

 

 

 

 

Reduction Act

Street address (including apt. no.)

 

6

If other than TRANSFEROR, name, address, and TIN of

 

Notice, see the

 

 

 

corporation whose stock is being transferred

current version of

City or town, state or province, country, and ZIP or foreign postal code

 

 

 

 

the General

 

 

 

 

Instructions for

 

 

 

 

 

 

 

 

 

 

 

 

Certain Information

Account number (see instructions)

 

 

 

 

 

Returns.

 

 

 

 

 

Form 3921 (Rev. October 2017)

www.irs.gov/Form3921

Department of the Treasury - Internal Revenue Service

Instructions for Transferor

To complete Form 3921, use:

the current General Instructions for Certain Information Returns, and

the current Instructions for Forms 3921 and 3922.

To order these instructions and additional forms, go to www.irs.gov/Form3921.

Caution: Because paper forms are scanned during processing, you cannot file Forms 1096, 1097, 1098, 1099, 3921, 3922, or 5498 that you print from the IRS website.

Due dates. Furnish Copy B of this form to the employee by January 31 of the year following the year of exercise of the ISO.

Furnish Copy C of this form to the corporation whose stock is being transferred by January 31 of the year following the year of exercise of the ISO.

File Copy A of this form with the IRS by February 28 of the year following the year of exercise of the ISO. If you file electronically, the due date is March 31 of the year following the year of exercise of the ISO. To file electronically, you must have software that generates a file according to the specifications in Pub. 1220. The IRS does not provide a fill-in form option for Copy A.

Need help? If you have questions about reporting on Form 3921, call the information reporting customer service site toll free at 866-455-7438 or 304-263-8700 (not toll free). Persons with a hearing or speech disability with access to TTY/TDD equipment can call 304-579-4827 (not toll free).

Document Specifics

Fact Name Description
Purpose of Form 3921 Form 3921 is used to report a corporation's transfer of stock to any individual when that transfer is pursuant to that person's exercise of an incentive stock option as described in section 422(b).
Who Should Receive Form 3921 Any individual who exercises an incentive stock option and does not sell the stock in the same year the option was exercised receives Form 3921 from the corporation.
Filing Requirement Corporations must send Form 3921 to both the employee (or former employee) who exercised the option and to the IRS.
Deadline for Submission Corporations are required to furnish Form 3921 to the recipient by January 31 of the year following the year of exercise and to the IRS by February 28 (March 31 if filed electronically).
Format for Submission Form 3921 can be filed with the IRS electronically or on paper, though corporations filing 250 or more forms must file electronically.
Penalties for Non-compliance Failing to provide Form 3921, providing incorrect information, or not reporting in a timely manner can result in penalties for the corporation, with amounts varying based on the size of the corporation and the delay in filing.

Guide to Writing IRS 3921

Filling out IRS Form 3921 is a task that requires attention to detail, as it involves reporting specific information about stock options that were exercised during the tax year. This form is an essential part of your tax documentation if you've exercised an incentive stock option (ISO) and must be filled out correctly to ensure compliance with tax regulations. Here are the steps you need to follow to accurately complete IRS Form 3921.

  1. Begin with your personal information. Enter your name, address, and your employer's information, including the company's name and address.
  2. For the box labeled "Date option granted", enter the date when the ISO was originally granted to you.
  3. In the box titled "Date option exercised", input the date you exercised the ISO.
  4. Under "Fair market value per share on exercise date", provide the market value of the stock as of the date you exercised the option.
  5. Fill in the "Exercise price per share", which is the predetermined price at which you were allowed to purchase the stock under the terms of the ISO.
  6. For "Number of shares transferred", enter how many shares of stock you acquired upon exercising the option.
  7. Lastly, report the "Transfer of stock acquired through an employee stock purchase plan under Section 423(c)" if applicable. This is necessary if your stock purchase falls under specific conditions noted in IRS regulations.

After you've filled out the form, double-check all entries for accuracy. The completed IRS Form 3921 needs to be included with your tax return if you're required to file it. Otherwise, keep a copy for your records and for future reference. Accuracy in completing this form not only helps maintain compliance with tax laws but also ensures your tax obligations are correctly calculated based on your ISO activities.

Understanding IRS 3921

  1. What is the IRS 3921 form?

    The IRS 3921 form, officially titled "Exercise of an Incentive Stock Option under Section 422(b)," serves as an informational document that both the Internal Revenue Service (IRS) and the individual who exercises an incentive stock option (ISO) use. When a person exercises ISOs, this form provides essential details regarding the transaction, such as the exercise date and the fair market value of the shares acquired. It is crucial for accurately reporting potential capital gains or alternative minimum tax obligations during the individual's tax filing.

  2. Who needs to file IRS Form 3921, and when is it due?

    Corporations that grant employees the option to purchase stock under an incentive stock option plan are required to file Form 3921. This form must be filled out for each employee who exercised such options during the tax year. Employers need to provide two copies of Form 3921 to the IRS and one copy to the employee who exercised the option. The due date for submitting Form 3921 to the IRS is by February 28th of the year following the exercise of the ISO if filing on paper, or by March 31st if filing electronically. Employees are supposed to receive their copies by January 31st.

  3. What information is required on Form 3921?

    Form 3921 requires several pieces of information to accurately report the exercise of an incentive stock option. These include the name, address, and the employer identification number (EIN) of the corporation granting the option, and the name, address, and social security number (SSN) or taxpayer identification number (TIN) of the employee exercising the option. It also must include the date the option was granted, the date the option was exercised, the exercise price per share, the fair market value per share on the exercise date, and the total number of shares acquired.

  4. Are there any deadlines or penalties for late filing of Form 3921?

    Yes, there are strict deadlines for filing Form 3921, and failure to meet these deadlines can result in penalties. As mentioned, corporations must furnish the employee copies of Form 3921 by January 31st, and file copies with the IRS by February 28th if filing by paper, or March 31st if filing electronically, of the year following the exercise of the ISO. Penalties for late filing can range from $50 to $280 per form, depending on how late the form is filed, and there's a maximum penalty limit based on the size of the business and when the form is filed. These penalties serve as an incentive for corporations to comply with the filing requirements on time.

Common mistakes

Filling out the IRS 3921 form, which is used for the exercise of an incentive stock option under Section 422(b), requires careful attention to detail. However, there are common mistakes that people often make during the process:

  1. Not checking the information against personal records. It’s crucial to verify that all details on the form match up with personal documentation of the stock option exercise.

  2. Inputting incorrect exercise dates. The exact date of the stock option exercise must be accurately recorded.

  3. Omitting the fair market value. This is a common oversight that can have significant implications for tax calculations.

  4. Entering the wrong number of shares. The quantity of shares exercised should exactly match the transaction it represents.

  5. Misunderstanding the form’s purpose and misusing it. The IRS 3921 is specific to incentive stock options and is not applicable to other types of stock options.

  6. Failing to report the transaction in the tax return. This form’s information needs to be included in one's tax documents.

  7. Not retaining a copy for personal records. Keeping a copy is essential for future reference and possible discrepancies that might need to be addressed.

  8. Incorrectly calculating the cost basis of the stock. This error can lead to paying more or less tax than owed.

  9. Submitting the form with incomplete information. Every field that is applicable needs to be filled out to ensure accurate processing.

It’s important for individuals to approach this task diligently to avoid potential issues with their tax obligations.

Documents used along the form

The Internal Revenue Service (IRS) Form 3921 is utilized to report exercises related to employee stock options that have been exercised. This form is pivotal for both employers and employees in documenting and understanding the tax implications of stock transactions. Alongside Form 3921, several other documents and forms are important in ensuring compliance with tax laws and facilitating financial planning. Below is a list of documents often used in conjunction with IRS Form 3921, alongside a brief description of each.

  • Form 1040: The U.S. individual income tax return form is essential for reporting annual income, including income from exercised stock options, to the IRS.
  • Form W-2: This wage and tax statement reports an employee's annual wages and the amount of taxes withheld from their paycheck. It may include information relevant to exercised stock options.
  • Form 1099-B: This form reports sales transactions of stocks, bonds, and other securities. When stock options are exercised and then sold, this form is used to report the sale to the IRS.
  • Form 8938: The Statement of Foreign Financial Assets may be required if the individual holds stock options or accounts in foreign financial institutions.
  • Form 8824: Pertains to Like-Kind Exchanges. While not directly related to stock options, this form is critical for those engaging in other forms of property exchanges and needing to understand their tax implications.
  • Schedule D (Form 1040): Used to report capital gains and losses from transactions reported on Form 1099-B, including gains or losses from the sale of stocks acquired through the exercise of stock options.
  • Form 6251: The Alternative Minimum Tax—Individuals form. This form may be necessary if exercising stock options significantly increases an individual's income, potentially subjecting them to alternative minimum tax.
  • Form 8949: Sales and other Dispositions of Capital Assets form is used to list all capital gain and loss transactions not covered on other forms, affecting the stock's basis and potentially impacting tax liability.

Understanding the purpose and requirements of these documents is vital for accurately reporting transactions related to the exercise of stock options and ensuring compliance with tax obligations. Engaging with these forms correctly helps individuals and their employers avoid potential penalties and ensures that all financial activities are accurately reflected in tax returns. It's always recommended to seek professional advice when navigating these complex tax documents.

Similar forms

The IRS 3921 form is closely related to the IRS 3922 form, which deals with the transfer of stock acquired through an employee stock purchase plan (ESPP). Both forms are used by corporations to report specific transactions to the IRS and to the person who has acquired the stock. The primary similarity lies in their purpose: to report transactions involving stock options. While form 3921 focuses on the exercise of an incentive stock option, form 3922 is used when shares are transferred under an ESPP, specifically capturing information on the acquisition of these shares.

Another document akin to the IRS 3921 form is the W-2 form. The W-2 is well known for reporting an employee's annual wages and the amount of taxes withheld from their paycheck. The connection between these documents arises when an employee exercises an incentive stock option and the spread is reported on their W-2. Although the W-2 form serves a broader purpose, the inclusion of information related to stock options exercised ties it back to the specific reporting requirements of the IRS 3921 form during certain conditions.

The IRS form 1099-B is another document with similarities to IRS 3921, mainly because it is used to report the sale of stocks, bonds, and other securities through a brokerage firm to the IRS. Just as the IRS 3921 form captures information about the exercise of stock options, form 1099-B provides details on the outcomes of such exercises, specifically the sales. While IRS 3921 is concerned with the acquisition of shares via options, 1099-B focuses on the disposition side, capturing gains or losses from the sales.

Similarly, IRS form 1040, the U.S. individual income tax return, shares a connection with IRS 3921 since it's the form where individuals ultimately report income, deductions, and credits to the IRS. Income from exercising incentive stock options, as reported on form 3921, may need to be included on form 1040, especially if there's an alternative minimum tax (AMT) calculation involved. Hence, although form 1040 is a comprehensive tax document, certain sections are directly impacted by transactions reported on form 3921.

The IRS Schedule D (Form 1040) is also related, focusing on the reporting of capital gains and losses from the sale of securities, including stocks obtained through the exercise of options reported on form 3921. After the stocks have been sold, Schedule D is used alongside form 1040 to report whether the taxpayer realized a gain or a loss from such sales. Thus, while IRS 3921 documents the initial acquisition of stock through stock options, Schedule D handles the financial outcome of selling those stocks.

Lastly, the IRS form 6251, which is used for calculating and reporting the alternative minimum tax (AMT), has a significant connection to the IRS 3921 form. The requirement to file form 6251 can be triggered by the exercise of incentive stock options (ISOs), reported on form 3921, because the difference between the stock's fair market value at the time of exercise and the exercise price could be subject to the AMT. Therefore, information from IRS 3921 may directly influence the calculations on form 6251, underlining their interconnectedness.

Dos and Don'ts

When filling out the IRS 3921 form, which deals with exercises of incentive stock options under Section 422(b), it's important to approach the process carefully. This document plays a critical role in reporting significant financial transactions. Here are essential dos and don'ts to ensure accuracy and compliance.

Do:

  1. Double-check the employee’s identification information for accuracy.
  2. Verify the employer’s information, including the name, address, and EIN, to ensure they match records.
  3. Report the exercise date of the incentive stock option accurately.
  4. Enter the fair market value of the stock on the exercise date without errors.
  5. Ensure the exercise price per share is correctly recorded.
  6. Include the total number of shares acquired.
  7. Retain a copy of the form for record-keeping purposes.
  8. File the form with the IRS by the due date, typically February 28th if filing by paper, or March 31st if filing electronically.
  9. Provide a copy to the employee who exercised the options before January 31st of the year following the exercise of the incentive stock options.
  10. Use the official IRS 3921 form or an IRS-approved substitute.

Don't:

  • Forget to provide all required information, such as the exercise date and fair market value of the stock.
  • Mistype the employer or employee’s tax identification numbers.
  • Overlook the importance of submitting the form on time to avoid penalties.
  • Illegibly fill out the form; ensure all information is clear and readable.
  • Misreport the number of shares or exercise price per share, as this can lead to significant discrepancies.
  • Use outdated or incorrect forms. Always verify that you are using the correct version of IRS 3921.
  • Leave out any copies that need to be distributed, each intended recipient must receive their designated copy.
  • Ignore IRS guidelines or instructions for filing electronically if you choose to do so.
  • Discard your copy of the form too soon. Keep all records for at least four years after the due date of the employee's return.
  • Assume filling the form out is the only step. Remember to review all related tax implications with a tax professional.

Misconceptions

The IRS Form 3921 is a document that reports an exercise of an incentive stock option (ISO). Understanding this form can be tricky, and there are several misconceptions about its purpose, requirements, and implications. Let's clear up some of the most common misunderstandings:

  • It's only for the employer's records: Many believe that the Form 3921 is solely for the employer's benefit and record-keeping. However, this form is also crucial for the employee. It provides necessary information for preparing an individual's tax return, especially for calculating the Alternative Minimum Tax (AMT).

  • It must be filed with a tax return: Contrary to this belief, Form 3921 does not need to be filed with one's tax return. The employer sends this form to the employee who exercised the options, and a copy is sent to the IRS. It's a piece of information, not a tax document to be filed by the recipient.

  • Form 3921 is only for large corporations: Some think Form 3921 is exclusively for large, publicly-traded companies. However, any company, regardless of its size, that issues incentive stock options to its employees is required to complete and distribute Form 3921.

  • All stock options are reported on Form 3921: This is a misconception. Only exercises of incentive stock options (ISOs) are reported on Form 3921. Non-Qualified Stock Options (NSOs) are reported differently, specifically on Form 3922.

  • You need a lawyer to understand Form 3921: While tax laws can be complex, understanding Form 3921 doesn't necessarily require legal assistance. The form is relatively straightforward and is accompanied by instructions that help in understanding the reported figures and what they mean for your taxes.

  • Form 3921 determines your tax bill when you exercise options: Another common mistake is thinking that the form itself calculates taxes owed from exercising ISOs. The form reports the exercise but does not calculate taxes. Taxes depend on various factors, including when you sell the stock and the applicable tax rates.

  • There are no deadlines for Form 3921: Employers must furnish Form 3921 to the employee (and the IRS) by specific deadlines. Typically, the form must be provided by January 31st of the year following the exercise of the ISOs.

  • If you don't receive Form 3921, you don't need to report the exercise: Even if you do not receive Form 3921, you're still obligated to report the exercise of ISOs on your tax return. If you're missing the form, you should contact your employer or consult your exercise agreement for the necessary information.

  • Form 3921 is the same as Form W-2 for stock options: While both forms relate to compensation, they serve different purposes. Form W-2 reports income from wages, including income from the exercise of non-qualified stock options, while Form 3921 is specific to the exercise of incentive stock options.

  • Every employee with stock options will receive Form 3921: Only employees who exercise incentive stock options during the tax year will receive Form 3921. If you hold stock options but haven't exercised them, you won't get this form.

Understanding the specifics of IRS Form 3921 can significantly impact how you manage your finances and prepare for tax season. By clearing up these misconceptions, employees can better navigate the complexities of stock options and their tax implications.

Key takeaways

When dealing with the IRS 3921 form, which is used for exercises of incentive stock options (ISOs), understanding its purpose and how to properly fill it out is essential. It provides important information for both the employee who exercises the options and the IRS. Here are four key takeaways to keep in mind:

  • The IRS 3921 form is a document that must be completed by corporations when an employee exercises an incentive stock option. It records important details such as the exercise date, the number of shares acquired, and the exercise price per share.
  • Corporations are required to provide the employee who exercised the options with a copy of the IRS 3921 form by January 31 of the year following the exercise of the incentive stock options. Another copy of the form must be sent to the IRS by February 28 (or March 31 if filing electronically).
  • Accuracy is crucial when filling out the IRS 3921 form. Incorrect or incomplete forms can lead to penalties for the corporation and potential tax issues for the employee. It's important to double-check all information, including the employee's name, address, and Social Security Number, as well as the specifics of the stock option grant and exercise.
  • For employees, the information on the IRS 3921 form is essential for preparing their tax returns, particularly if they need to calculate the Alternative Minimum Tax (AMT). The form helps to determine the initial cost basis of the purchased stock, a key figure needed when the stock is eventually sold.

Understanding and accurately completing the IRS 3921 form is a critical task for corporations and their employees. It not only ensures compliance with tax regulations but also helps in accurate tax reporting and planning for employees who benefit from incentive stock options.

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