Options dating scandal

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The exercise price affects the basis that is used for estimating both the company's compensation expense for tax purposes and any capital gain for the option recipient. There is also some relatively early anecdotal evidence of backdating. Their "gain on exercise" - the difference between what they pay for the shares and the shares' market price that day - is taxed as ordinary income, at a top rate of 35 percent. Read More. Journal Article Right on Schedule:

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A NY Times article describes this case in greater detail the article is available hereand so does a article in Tax Notes Magazine available here.

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Reyes' attorney has defended his client as wrongly accused, saying "financial gain is always the motive in securities fraud cases, and here there was none. But in the more recently discovered scam, executives allegedly fudged the date on which they chose to exercise options, citing some earlier date when the stock price was lower, thus reducing their own gain.

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