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Non-qualified stock options do not meet the criteria to be treated as an incentive stock option, which has a tax benefit of having the options taxed at the lower capital gains tax rate.

That’s a problem if the employee who received the stock options is unaware that the board backdated the options and therefore, believes it is an incentive stock option.

In some instances, it can result in underpayment of income at the ordinary income tax rate and overpayment of capital gains taxes, which carry different rates.

For example, say a company board meets on January 30, 2003, when the company’s share price is , and decides to grant an employee a stock option with a date of January 1, 2003, when the stock was .

The information on this page refers to LM-X v4.5.2 and newer, which added the ability to use a remote time server for SYSTEMCLOCKCHECK and changed functionality for the Lmx Reset System Clock tool.

If you are using an older version of LM-X, refer to documentation for earlier versionsto ensure users have not backdated or tampered with their system clock.

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Backdating — setting the grant date of an option earlier than the actual date it is granted, typically in order to take advantage of a lower stock prices — can create tax implications for the recipient, as well as the company.

With dozens of firms now under investigation for backdating stock options, and one already facing civil and criminal charges, it’s clear that practices such as backdating carry a heavy corporate cost.

Lost amid the swirl of media attention, however, is what backdating, or other practices, such as re-pricing, might mean if you happen to be one of the people who holds those options.

The board’s action makes the option a non-qualified stock option because the exercise price does not equal the fair market value of the stock at the date of the grant.

Non-qualified stock options require tax payment at the ordinary income rate for the difference between the grant price and the price at which the option is exercised (the gain).

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