Rev. October 2017
Form 3921 is an IRS form used to report the transfer of incentive stock options under Section 422(b) of the Internal Revenue Code. The form includes information about the transferor, employee, and the corporation whose stock is being transferred.
A corporation that records, or has its agent record, a transfer of legal title of a share of stock acquired by an employee who is a nonresident alien (as defined in section 7701(b)) and to whom the corporation is not required to provide a Form W-2 for any calendar year within the time period beginning with the first day of the calendar year in which the option was granted to the employee and ending on the last day of the calendar year must file Form 3922. The form reports information about the transfer of legal title of shares of stock acquired by the exercise of an option granted under an employee stock purchase plan and described in section 421-1(a)(1).
Form 3921 reports information about the transfer of legal title of shares of stock acquired by the exercise of an option granted under an employee stock purchase plan and described in section 423(c). The form reports the name, address, and TIN of the corporation whose stock is being transferred, as well as 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 grant date and exercise date, and the number of shares transferred. The form must be filed by the corporation whose stock is being transferred.
A corporation that records, or has its agent record, a transfer of the legal title of a share of stock acquired by the transferor (the person who acquires the shares pursuant to the exercise of an option granted under an employee stock purchase plan and described in section 423(c)) must file Form 3921 for that calendar year. A return is required by reason of a transfer described in section 6039(a)(2) only for the first transfer of legal title of the shares acquired by the transferor, including the first transfer of legal title to a recognized broker or financial institution.
Form 3921 requires reporting of the name, address, and TIN of both the transferor and transferee, the number and fair market value (FMV) of the shares of stock transferred, the date of transfer, and the amount of tax paid by the employer.
Form 3922 requires reporting of the name, address, and TIN of the transferor, the date option granted and exercised, the fair market value (FMV) per share on grant date and exercise date, the number of shares transferred, and the exercise price paid per share.
Form 3921 is required to be filed by an employer who has made a payment of tax on behalf of an employee relating to the transfer of stock acquired through the exercise of an incentive stock option (ISO) or a qualified stock option (QSO). Form 3922 is required to be filed by every corporation for each transfer made during a calendar year of legal title to shares of stock acquired by a transferor pursuant to the transferor's exercise of an ISO or QSO with a grant date in that calendar year.
Truncation of TINs refers to the practice of removing or obscuring a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), Adoption Taxpayer Identification Number (ATIN), or Employer Identification Number (EIN) on any document that is filed with the IRS. The IRS encourages filers to designate an account number for all information returns they file, and if a filer has multiple accounts for a transferor for whom he is filing more than one Form 3921 or 3922, then he must provide an account number.
Form 3922 reports information about the transfer of legal title of shares of stock acquired by an employee who is a nonresident alien (as defined in section 7701(b)) and to whom the corporation is not required to provide a Form W-2 for any calendar year within the time period beginning with the first day of the calendar year in which the option was granted to the employee and ending on the last day of the calendar year. The form reports the name, address, and TIN of the transferor, as well as the date the option was granted, the date the option was exercised, the fair market value per share on the grant date and exercise date, and the number of shares transferred.
Form 3921 is one of Tax forms that are documents used to report information related to taxes to the relevant tax authority. There are various types of tax forms, including federal, state, and local tax forms, which can vary depending on the taxpayer's circumstances and location.
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