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Part 6039 of the Inner Income Code requires firms
to supply info statements to staff and former staff
and ship info filings to the IRS concerning workouts of
incentive inventory choices (ISOs) by staff and former staff.
Related info statements and filings are required to report
transfers of shares of inventory by staff and former staff that
have been bought below an worker inventory buy plan (ESPP)
designed to fulfill the necessities of Part 423 of the Inner
Income Code. To fulfill the knowledge return and assertion
necessities, firms might want to full and file Type 3921 with respect to ISO
workouts and Type 3922 with
respect to ESPP transfers, as relevant.
Varieties and Directions
The IRS directions to Type 3921 and 3922 could also be obtained right here. A Type 3921 or
3922 have to be filed for every relevant inventory switch – for
instance, if an worker exercised two ISOs on two events in
2022, then two Type 3921s have to be accomplished for that worker.
Every type comprises three copies: Copy A ought to be despatched to the
IRS, Copy B (often known as the Data Assertion) ought to be
distributed to the worker or former worker whose train or
switch is being reported, and Copy C ought to be retained by the
It’s permissible to truncate an worker’s social safety
quantity (or different tax ID quantity) in order that it reveals solely the final 4
digits on Copy B – the copy offered to staff. Copy A
should embrace the complete quantity.
If an organization is required to file 250 or extra of both type with
the IRS, such submitting have to be achieved electronically. In any other case, paper
submitting with the IRS is suitable. For instance, if an organization is
required to file 300 Type 3921s and 100 Type 3922s, the Type 3921s
will have to be filed with the IRS electronically however the Type 3922
could also be filed with the IRS in paper type.
With respect to ISO workouts and ESPP share transfers that
occurred in 2022, Copy A of the respective type have to be filed with
the IRS no later than February 28, 2023, if submitting on paper, or
March 31, 2023, if submitting electronically. A 30-day extension of the
Copy A deadline could also be requested and obtained by submitting a Type 8809
with the IRS earlier than the unique submitting deadline. An extension
request on Type 8809 could also be filed electronically. Copy B of the
respective type have to be furnished to the relevant worker or
former worker by January 31, 2023.
The content material of this text is meant to supply a common
information to the subject material. Specialist recommendation ought to be sought
about your particular circumstances.
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