Not exact matches
The
tax consequences
of a
disqualifying disposition apply in the
year the disposition occurs.
The underlying premise is that the profit from shares sold in a
disqualifying disposition is
taxed at 35 % under the regular income
tax, the AMT rate on shares that are not sold in the
year of exercise is 28 %, and the capital gains rate on shares sold the following
year is 15 %.
There is a subtle difference in the
tax treatment
of qualifying vs
disqualifying dispositions even in situations where ownership has been for more than a
year to qualify for long - term capital gains — this can be significant in cases where the share price has gone down since the purchase:
«If you do not meet one
of the criteria — for example, if you fail to distribute all assets within one
tax year — your NUA election will be
disqualified, and you would owe ordinary income
taxes and any penalty on the entire amount
of the company stock distribution.»