[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 286 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 286

To amend the Internal Revenue Code of 1986 to clarify the treatment of 
       incentive stock options and employee stock purchase plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2003

   Mr. Houghton (for himself, Mr. Bartlett of Maryland, Mr. Cox, Mr. 
 Crane, Mr. Tom Davis of Virginia, Mr. Dooley of California, Ms. Dunn, 
  Mr. English, Mr. Filner, Mr. Foley, Mr. Gillmor, Mr. Hayworth, Mr. 
  Herger, Mr. Honda, Mrs. Johnson of Connecticut, Mr. Sam Johnson of 
Texas, Ms. Lofgren, Ms. Pryce of Ohio, Mr. Quinn, Mr. Ramstad, and Mr. 
  Sessions) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to clarify the treatment of 
       incentive stock options and employee stock purchase plans.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCLUSION OF INCENTIVE STOCK OPTIONS AND EMPLOYEE STOCK 
              PURCHASE PLAN STOCK OPTIONS FROM WAGES.

    (a) Exclusion From Employment Taxes.--
            (1) Social security taxes.--
                    (A) Section 3121(a) of the Internal Revenue Code of 
                1986 (relating to definition of wages) is amended by 
                striking ``or'' at the end of paragraph (20), by 
                striking the period at the end of paragraph (21) and 
                inserting ``; or'', and by inserting after paragraph 
                (21) the following new paragraph:
            ``(22) remuneration on account of--
                    ``(A) a transfer of a share of stock to any 
                individual pursuant to an exercise of an incentive 
                stock option (as defined in section 422(b)) or under an 
                employee stock purchase plan (as defined in section 
                423(b)), or
                    ``(B) any disposition by the individual of such 
                stock.''.
                    (B) Section 209(a) of the Social Security Act is 
                amended by striking ``or'' at the end of paragraph 
                (17), by striking the period at the end of paragraph 
                (18) and inserting ``; or'', and by inserting after 
                paragraph (18) the following new paragraph:
            ``(19) Remuneration on account of--
                    ``(A) a transfer of a share of stock to any 
                individual pursuant to an exercise of an incentive 
                stock option (as defined in section 422(b) of the 
                Internal Revenue Code of 1986) or under an employee 
                stock purchase plan (as defined in section 423(b) of 
                such Code), or
                    ``(B) any disposition by the individual of such 
                stock.''.
            (2) Railroad retirement taxes.--Subsection (e) of section 
        3231 of such Code is amended by adding at the end the following 
        new paragraph:
            ``(11) Qualified stock options.--The term `compensation' 
        shall not include any remuneration on account of--
                    ``(A) a transfer of a share of stock to any 
                individual pursuant to an exercise of an incentive 
                stock option (as defined in section 422(b)) or under an 
                employee stock purchase plan (as defined in section 
                423(b)), or
                    ``(B) any disposition by the individual of such 
                stock.''.
            (3) Unemployment taxes.--Section 3306(b) of such Code 
        (relating to definition of wages) is amended by striking ``or'' 
        at the end of paragraph (16), by striking the period at the end 
        of paragraph (17) and inserting ``; or'', and by inserting 
        after paragraph (17) the following new paragraph:
            ``(18) remuneration on account of--
                    ``(A) a transfer of a share of stock to any 
                individual pursuant to an exercise of an incentive 
                stock option (as defined in section 422(b)) or under an 
                employee stock purchase plan (as defined in section 
                423(b)), or
                    ``(B) any disposition by the individual of such 
                stock.''.
    (b) Wage Withholding Not Required on Disqualifying Dispositions.--
Section 421(b) of such Code (relating to effect of disqualifying 
dispositions) is amended by adding at the end the following new 
sentence: ``No amount shall be required to be deducted and withheld 
under chapter 24 with respect to any increase in income attributable to 
a disposition described in the preceding sentence.''.
    (c) Wage Withholding Not Required on Compensation Where Option 
Price is Between 85 Percent and 100 Percent of Value of Stock.--Section 
423(c) of such Code (relating to special rule where option price is 
between 85 percent and 100 percent of value of stock) is amended by 
adding at the end the following new sentence: ``No amount shall be 
required to be deducted and withheld under chapter 24 with respect to 
any amount treated as compensation under this subsection.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to stock acquired pursuant to options exercised after the date of 
the enactment of this Act.
                                 <all>