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ARTICLE · 19 JANUARY 2016

Annual ISO And ESPP Information And Reporting Requirements - January 2016

Returns for ISO and ESPP transactions must be submitted to the IRS on Form 3921 (for ISOs) and Form 3922 (for ESPPs).

United StatesEmployment and HR

​Annual Information Statements and IRS Returns

Requirement to Report

For (1) any exercise of an incentive stock option (ISO) during 2015 or (2) transfer during 2015 of a share previously purchased pursuant to a tax-qualified employee stock purchase plan (ESPP), the Internal Revenue Code requires companies to:

  • furnish, by February 1, 2016, annual information statements to the participant who exercised the ISO or transferred the ESPP share; and
  • file, by February 29, 2016 (for paper filers) or by March 31, 2016 (for electronic filers), an information return with the IRS (please note that companies may request an automatic 30-day extension of this deadline by filing a Form 8809, Application for Automatic Extension of Time to File Information Returns, with the IRS on or before the applicable filing deadline).  

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