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In the landscape of United States tax law, navigating the plethora of forms and regulations is a challenging endeavor for individuals and businesses alike. Among these, the IRS 3921 form occupies a significant place, primarily for participants in the stock market through employee stock options. This form is a vital document for both employers and employees, acting as a bridge in conveying crucial information about the exercise of an incentive stock option (ISO) under section 422(b). It plays a pivotal role not only in the reporting requirements set forth by the Internal Revenue Service but also in ensuring that taxpayers are equipped with the necessary information to report their income accurately. The form details specific transactions, including the exercise date and the fair market value of the stock, which are essential for calculating potential alternative minimum tax obligations. Understanding the nuances of IRS 3921 can aid taxpayers in avoiding common pitfalls and ensuring compliance with the tax code, thereby minimizing the risk of costly penalties. As such, it stands as a cornerstone in the complex structure of tax reporting for those involved in incentive stock options.

Preview - IRS 3921 Form

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).

Form Data

Fact Name Description
Purpose of IRS Form 3921 IRS Form 3921 is issued for the exercise of an incentive stock option (ISO) under section 422(b) of the Internal Revenue Code. It provides information about the transfer of stock to an individual when that individual exercises a previously granted option.
Who Must File Corporations granting employees the option to purchase stock under an incentive stock option plan must file Form 3921 for each transfer made during the calendar year.
Filing Deadline The form must be furnished to the employees by January 31st following the year of the stock option exercise. Corporations must file the form with the IRS by February 28th if filing on paper, or by March 31st if filing electronically.
Electronic Filing Requirement Corporations are required to file Form 3921 electronically with the IRS if they file 250 or more forms. However, electronic filing is encouraged for all filers due to its efficiency and accuracy.
State-Specific Forms While IRS Form 3921 is a federal form, individuals must consider their state-specific tax obligations regarding the exercise of incentive stock options. There are no direct state-specific versions of Form 3921, but individuals should consult with a tax professional to ensure compliance with state tax laws.

Instructions on Utilizing IRS 3921

The IRS Form 3921 is used to report exercises of incentive stock options (ISOs) under section 422(b) of the Internal Revenue Code. For employees who have exercised their incentive stock options during the tax year, a correctly filled out IRS Form 3921 can provide essential information for preparing tax returns. It details when the option was granted, when it was exercised, the exercise price, and the fair market value of the stock on the exercise date. While the form may seem daunting initially, the following steps simplify the process of filling it out, ensuring accuracy and compliance.

  1. Enter the corporation information: Begin with the corporation's name, address, and telephone number in the designated spaces at the top of the form.
  2. Fill in the corporation’s employer identification number (EIN): Locate this number on the corporation's tax documents and ensure it's correctly entered.
  3. Provide the employee’s information: This includes the full name, address, and social security number (SSN) or taxpayer identification number (TIN) of the employee who exercised the option.
  4. Account number (optional): If the corporation has assigned an account number to the transaction or the employee, it should be entered here. This is optional and only necessary if the corporation uses account numbers.
  5. Enter the date option granted: Input the specific date when the employee was granted the stock option.
  6. Enter the date option exercised: Record the date when the employee exercised the stock option.
  7. Fill in the exercise price per share: This is the price per share that the employee paid to exercise the stock option.
  8. Enter the fair market value per share on the exercise date: Provide the value of each share at the time the stock option was exercised.
  9. Number of shares transferred: Document the total number of shares the employee acquired through the exercise of the stock option.

Upon completion, the corporation should retain a copy of Form 3921 for its records, provide a copy to the employee who exercised the option, and prepare to file it with the IRS if required. Understanding the relevance of each field on Form 3921 is crucial for both accurate reporting and the employee's tax obligations. Remember, accuracy in filling out and filing this form can prevent potential tax complications in the future.

Obtain Answers on IRS 3921

  1. What is an IRS Form 3921?

    IRS Form 3921 is a document used by corporations to provide information to the Internal Revenue Service (IRS) and individuals who exercise an incentive stock option (ISO) pursuant to section 422(b). This form reports the exercise of an ISO, including the exercise date, the number of shares acquired, the exercise price per share, and the fair market value of the shares on the exercise date.

  2. Who needs to file Form 3921?

    Corporations that grant employees the option to purchase stock under an ISO plan are required to file Form 3921. For each transfer made during the calendar year, a separate Form 3921 must be filed. Each employee who exercises their ISOs receives a copy of the filed form.

  3. When is the deadline to file Form 3921?

    The deadline for filing Form 3921 with the IRS is by January 31st of the year following the year in which the ISO exercise occurred. For example, if an employee exercises their ISOs in 2022, the form must be filed by January 31, 2023. Additionally, a copy of this form must also be furnished to the employee by the same deadline.

  4. How does Form 3921 affect an individual’s tax return?

    When an individual exercises an incentive stock option, it may have implications for their tax return, particularly concerning alternative minimum tax (AMT) calculations. The information on Form 3921 helps individuals and their tax advisors determine if an AMT adjustment is necessary by providing the fair market value of the shares and the exercise price. It’s essential for individuals to cooperate with a tax professional to accurately report this information on their tax return.

  5. Do I need to attach Form 3921 to my tax return?

    Individuals who exercise incentive stock options and receive a Form 3921 do not need to attach it to their tax return. However, it is crucial to keep this form with their tax records as it contains essential information needed to calculate the cost basis of the shares bought and determine the correct amount of AMT, if applicable.

  6. What information do I need to complete Form 3921?

    To accurately complete Form 3921, you will need the following details:

    • The name, address, and identification number of the corporation transferring the stock,
    • The name, address, and identification number of the employee receiving the stock,
    • The date the stock option was granted,
    • The date the stock option was exercised,
    • The exercise price per share,
    • The fair market value per share on the exercise date,
    • The total number of shares acquired.

  7. Can Form 3921 be filed electronically?

    Yes, corporations have the option to file Form 3921 electronically through the IRS FIRE (Filing Information Returns Electronically) system. In fact, if a corporation is required to file 250 or more of a specific type of form, such as Form 3921, the IRS mandates electronic filing. Electronic filing can be more efficient and provides immediate confirmation once the submission is accepted.

  8. What if I make a mistake on Form 3921?

    If you discover a mistake on a filed Form 3921, you should correct it as soon as possible. The process involves filing a corrected form with the IRS and furnishing a corrected copy to the employee. The corrected form should clearly indicate that it is correcting a previously filed form to ensure accurate record-keeping and tax reporting.

Common mistakes

Filling out the IRS 3921 form, which is used for exercise of an incentive stock option under Section 422(b), can sometimes be complicated. People often make mistakes when completing this document, which can lead to errors in tax reporting. Understanding these common pitfalls can help in avoiding them:

  1. Not Reporting the Exercise Date Correctly: The exact date when the incentive stock option was exercised must be reported accurately. Errors in this detail can lead to discrepancies in tax calculations.

  2. Misunderstanding the Fair Market Value: Many individuals report the wrong fair market value of the stock. It is crucial to use the value on the exercise date, not the value when the stock is sold or at year-end.

  3. Incorrect Taxpayer Identification Numbers (TIN): Providing the wrong TIN for either the employee or the employer can cause significant issues, including mismatched records and potential penalties.

  4. Failing to Report the Exercise on Form 3921: Individuals sometimes overlook the need to report the exercise of an incentive stock option on Form 3921, leading to incomplete tax reporting.

  5. Using the Wrong Form: Confusing Form 3921 with other tax forms related to employment compensation, such as Form 3922 (which is used for Employee Stock Purchase Plans) or Form W-2, is a common mistake.

  6. Not Including All Required Information: Every section of Form 3921 must be completed. Missing information, such as the employer’s name, address, and the full description of the stock, can result in the rejection of the form.

To avoid these errors, individuals should closely review the instructions for Form 3921 provided by the IRS, verify all information before submission, and consider consulting a tax professional. This approach can help ensure accurate and compliant tax reporting for incentive stock options.

Documents used along the form

The IRS Form 3921 is a crucial document for individuals who exercise an incentive stock option (ISO) under an employee stock purchase plan. It provides essential information for reporting the exercise of incentive stock options on one's tax return. However, managing stock options and ensuring proper tax reporting involves several other documents that individuals might need to review, understand, or submit. The following list outlines some of these key documents, each playing a vital role in the broader context of ISOs and tax reporting.

  • IRS Form 8949: This form is used to report sales and other dispositions of capital assets. For individuals who have exercised their ISOs and sold the stock, Form 8949 helps in reporting the sale and calculating capital gains or losses. Correctly filling out this form is crucial for accurate tax liability calculation.
  • IRS Schedule D (Form 1040): Schedule D is a supplement to your tax return that summarizes capital gains and losses from transactions reported on Form 8949. It plays a crucial role in determining the tax on long-term and short-term capital gains stemming from ISO stock sales.
  • Form W-2: While not directly related to the exercise of ISOs, the Form W-2 is essential because it includes information on income from employment. In some cases, the bargain element of an exercised ISO might be reported as compensation, affecting tax calculations.
  • Form 1099-B: This form is provided by brokers or mutual fund companies to report the sale of stocks, bonds, or mutual funds through the brokerage to the IRS. If you sell stock acquired through an ISO exercise, you'll likely receive a Form 1099-B, which will help in filling out Form 8949.
  • IRS Form 6251: The Alternative Minimum Tax (AMT) Form 6251 may need to be filed by individuals who have exercised incentive stock options. The AMT is a parallel tax system designed to ensure that taxpayers with significant tax preferences or certain types of income pay at least a minimum amount of tax. Form 6251 helps calculate this tax, if applicable, after ISOs are exercised.

Understanding and correctly managing these forms ensures compliance with tax laws and can help individuals avoid potential penalties or paying more tax than necessary. It's important to consult with a tax professional or financial advisor to navigate the complexities of ISO exercises and related tax implications. Accurate and timely submission of these forms facilitates a smoother process in aligning one's financial and tax planning strategies.

Similar forms

  • IRS Form 3922 (Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c)): This form accompanies IRS Form 3921 in purpose and design, documenting transfers of stock acquired via an employee stock purchase plan. Where IRS Form 3921 records the initial exercise of stock options, IRS Form 3922 tracks the transfer of stock ownership, ensuring that the benefits under Section 423(c) are reported and taxed appropriately.

  • IRS Form 1099-MISC (Miscellaneous Income): The 1099-MISC form documents various types of income ranging from rent, royalties, to non-employee compensation. Similar to IRS Form 3921, which reports income from exercised stock options, both forms contribute to an individual's annual tax responsibilities by reporting additional income sources not covered by standard employment.

  • IRS Form 1099-B (Proceeds from Broker and Barter Exchange Transactions): This form is used to report gains or losses from the sale of securities, commodities, and barter exchange transactions. Similar to the 3921 form, the 1099-B form tracks the financial outcome of investment activities but focuses on the sales aspect, including the cost basis and sale price, critical for calculating capital gains or losses for tax purposes.

  • IRS Form W-2 (Wage and Tax Statement): The W-2 form is crucial for employees, detailing wages earned and taxes withheld by employers. Similar to IRS Form 3921, which details the exercise of employee stock options, the W-2 form provides essential information for personal tax filings, reflecting income and taxation related to employment.

  • IRS Form 1040 (U.S. Individual Income Tax Return): As the primary form used by individuals to file their annual income tax returns, Form 1040 summarizes an individual's income, including what could be reported on Form 3921. Both forms are integral to calculating the tax obligations based on incomes, deductions, and eligible credits of an individual.

  • IRS Form 83(b) Election: This form is a request by an employee to change the tax treatment of restricted stock or stock options. Similar to IRS Form 3921, which deals with the specifics of stock option exercises, the 83(b) Election form addresses how these assets are taxed, allowing employees to opt for immediate taxation on the market value of restricted stock at the time of granting rather than when they vest. This proactive approach can affect an individual’s tax considerations significantly.

Dos and Don'ts

Filling out IRS Form 3921, which deals with exercise of an incentive stock option under Section 422(b), can be straightforward if you keep some key dos and don’ts in mind. Here’s a helpful list to guide you through the process.

Do:
  • Ensure you have the correct form for the correct tax year. Tax forms can be updated, and using an outdated version may lead to errors.
  • Double-check the information about the employer and employee. This includes the employer’s identification number (EIN), the employee’s social security number (SSN), and other personal details.
  • Include accurate information about the stock option, such as the date of the option grant and the exercise date of the option.
  • Report the correct exercise price per share and the fair market value (FMV) of the stock on the exercise date.
  • Review the entire form for completeness and accuracy before submitting. Missing or incorrect information can lead to processing delays or inaccuracies in your tax obligations.
  • Keep a copy for your records. It’s crucial to have a personal record of the form in case there are any questions or issues later on.
Don’t:
  • Don’t rush through filling out the form. Taking your time can help you avoid common mistakes that might complicate matters down the line.
  • Don’t leave any required fields blank. If a section doesn’t apply, it’s better to enter “N/A” than to leave it empty.
  • Don’t guess on numbers or dates. If you’re uncertain, verify the information before entering it on the form to prevent inaccuracies.
  • Don’t ignore IRS instructions or guidance. The IRS provides detailed instructions for Form 3921, which can help clarify what information goes where.
  • Don’t forget to report the form to both the IRS and the employee involved. Failing to distribute the forms correctly can result in penalties.
  • Don’t hesitate to seek professional help if you’re unsure about the process. Tax professionals can provide valuable assistance in ensuring everything is filled out correctly.

Misconceptions

When it comes to the IRS Form 3921, there are several misconceptions that can lead to confusion for both employees and employers. This form is used to report exercises of incentive stock options (ISOs) and is crucial for tax reporting purposes. Let's debunk some of the common myths:

  • Only the employee needs a copy: A common misconception is that only the employee exercising the options needs a copy of Form 3921. However, the employer must also file a copy with the IRS, which ensures proper reporting and tax compliance.
  • Form 3921 is optional: Some may believe that filing Form 3921 is optional. This is incorrect. The IRS requires this form for all incentive stock option exercises to accurately track potential alternative minimum tax (AMT) obligations.
  • No deadline for filing: Unlike some IRS forms, there is a strict deadline for Form 3921. Employers must provide the employee with a copy by January 31 following the year of the ISO exercise and file it with the IRS by the last day of February (or March 31 if filing electronically).
  • Only for large companies: There's a myth that Form 3921 is only for large corporations. In reality, any company granting ISOs to employees is required to file Form 3921, regardless of its size.
  • Tax is withheld at exercise: It's often mistakenly believed that taxes are withheld when an ISO is exercised, similar to the way taxes are withheld from regular pay. However, no tax is withheld at the time of exercise, which can lead to unexpected tax liabilities for the employee.
  • No need to report if the stock is sold immediately: Whether the stock acquired through ISOs is sold immediately or held, the exercise still needs to be reported using Form 3921. This action triggers potential AMT considerations regardless of how long the stock was held.
  • Form 3921 is for all types of stock options: This form is specifically for exercises of incentive stock options (ISOs) only. Non-qualified stock options (NSOs) are reported differently and do not use Form 3921.
  • All exercises are reported together: Each exercise of ISOs requires a separate Form 3921. Employers cannot report all exercises on a single form, as each transaction has its own tax implications and must be documented individually.
  • Electronic filing is compulsory: While electronic filing of Form 3921 is an option, it is not mandatory for smaller employers. Those required to file 250 or more forms must file electronically, but those with fewer forms can choose to file paper forms.
  • Corrections are not permitted: It's falsely believed that once Form 3921 is submitted, corrections cannot be made. Employers can and should correct any errors by filing a corrected form to avoid potential penalties and ensure accurate employee tax reporting.

Key takeaways

Filling out and using the IRS 3921 form can seem daunting at first, but understanding some key points about it can simplify the process. Whether you're an employee who has exercised an incentive stock option (ISO) or you're an employer providing these options, there are important aspects you should be aware of.

  • What the Form is For: The IRS requires the use of Form 3921 to report each exercise of incentive stock options during the calendar year. This form is a crucial document for both employers and employees because it details important information about the option that was exercised.
  • Details to Include: On Form 3921, specific details about the stock option exercise must be included. This information consists of the exercise date, the number of shares acquired, the exercise price per share, the fair market value of a share on the exercise date, and the identity of the employee and employer.
  • Reporting and Tax Implications: For employees, Form 3921 is critical for calculating the alternative minimum tax (AMT), if applicable. The form helps in determining the basis of the stock, which is essential for reporting the sale or transfer of the stock on your tax return and calculating any gain or loss.
  • Deadlines and Distribution: Employers must furnish a copy of Form 3921 to the employee who exercised the option by January 31 of the year following the year of exercise. Another copy of the form must be filed with the IRS by February 28 if filing on paper, or by March 31 if filing electronically.

By paying attention to these key points, individuals can better navigate the complexities of exercising incentive stock options and complying with tax reporting requirements. It's always beneficial to consult with a tax professional or financial advisor to ensure that you're handling these matters correctly and efficiently.

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