Beginning in tax year 2010, the Internal Revenue Service (IRS) adopted regulations under Section 6039 of the Internal Revenue Code. The IRS requires corporations to report ISO (Incentive Stock Option) exercises on a Form 3921 and ESPP (Employee Stock Purchase Plan) transfers (purchases) on a Form 3922. The corporations are required to file these forms as an information return with the IRS, in addition to providing employees with an information statement, who have received or transferred stock in conjunction with either a 423(b) qualified employee stock purchase plan or an incentive stock option plan.
Section 6039 of the Internal Revenue Code (IRC) requires companies to report to the IRS when transferring stock acquired through an Employee Stock Purchasing Plan (ESPP) or when employees exercise Incentive Stock Options (ISO). Since companies must report every transaction by every employee, 6039 reporting can be tedious.
Time is valuable in business. Especially around tax season. The deadline for 6039 compliance is January, 31st. Penalties are steep for non-compliance, and they get steeper the later you file. The following is what you need to know to stay compliant and avoid penalties.