How does a disqualifying sale of an ISO affect AMT and wash sale rules?
I need some tax experts to weigh in on disqualifying dispositions for ISOs and how wash sale rules might apply. I'm planning to sell some ISOs I exercised about 6 months ago to minimize my AMT hit this year. Here's what I'm working with: * 1,250 shares * Strike price: $13 * FMV when exercised: $26 * Current market value: $32 Since I'd be selling at a profit (not a loss), would the wash sale rules even apply if I sold all shares and bought back in on the same day? Would this still count as a "disqualifying disposition" for AMT purposes? Or should I wait the full 30 days before repurchasing to be safe? Any guidance on how this might impact my AMT calculation would be super helpful. I'm trying to reduce my tax liability without creating more problems for myself. Thanks!
21 comments


Elliott luviBorBatman
Based on your situation, I can help clarify how this works. When you sell ISOs within one year of exercise (or two years from grant), it's considered a disqualifying disposition. This actually works in your favor for AMT purposes. With a disqualifying disposition, you'll no longer be subject to AMT on the spread between strike price and FMV at exercise ($13 vs $26). Instead, the entire transaction becomes regular income and capital gains. You'll pay ordinary income tax on the bargain element (difference between strike and FMV at exercise), which is $13 per share. Any additional gain ($32 - $26 = $6 per share) would be short-term capital gain. Regarding wash sale rules - they only apply when you sell at a loss and repurchase within 30 days. Since you're selling at a profit, wash sale rules don't apply. You could sell and repurchase the same day without wash sale implications. However, this repurchase would be treated as new shares with a new holding period for any future sales.
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Demi Hall
•But wait, if OP sells these shares and creates a disqualifying disposition, does that completely eliminate the AMT calculation? I thought you still had to report the bargain element on your tax return, you just also get to report the disposition in the same year?
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Elliott luviBorBatman
•The disqualifying disposition does eliminate the AMT implications for these specific shares. When ISOs are disposed of in a disqualifying disposition, the bargain element is reported as ordinary income on your W-2 (if arranged through your employer) or on your Form 1040 as "Other Income." This effectively removes these shares from AMT consideration. You are right that you still report the transaction, but it shifts from the AMT system to the regular income tax system. The bargain element becomes compensation income, and only the additional gain above FMV at exercise becomes capital gain. This is actually advantageous for most taxpayers since it eliminates the potential AMT hit.
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Mateusius Townsend
When I had a similar situation with my ISOs, I found taxr.ai super helpful for figuring out all the tax implications. I had about 800 shares from my startup and was confused about when to sell and how it would affect my taxes. I was facing a potentially huge AMT bill and wasn't sure what to do. I uploaded my stock option documents to https://taxr.ai and within a few minutes I had a complete breakdown of different selling scenarios and their tax consequences. It showed me exactly how a disqualifying disposition would affect both my regular tax and AMT liability. Really helped me understand the bargain element implications without spending hundreds on an accountant consultation.
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Kara Yoshida
•Does it actually help with calculations for ISOs specifically? I'm dealing with a mix of NSOs and ISOs and the AMT implications are driving me crazy. Can I upload my company's stock plan documents and get specific calculations for my situation?
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Philip Cowan
•I'm skeptical about these tax tools. Does it take into account state tax implications too? California taxes ISOs differently than the feds and that's where I keep getting burned.
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Mateusius Townsend
•Yes, it definitely handles ISO calculations specifically. You can upload your grant documents, exercise statements, and company valuation info, and it'll break down the calculations for both ISOs and NSOs. It shows side-by-side comparisons of different selling scenarios, which was super helpful for me. Regarding state taxes, it does include state-specific calculations. I'm in Massachusetts, but it definitely had California options which I know has some unique rules for equity compensation. It showed me both federal and state AMT implications for each scenario I was considering. The state-specific guidance was actually what convinced me to make certain timing decisions with my sales.
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Philip Cowan
Just wanted to follow up about taxr.ai - I decided to try it out after my skeptical comment and I'm genuinely impressed. I uploaded my ISO documentation from my company and it immediately flagged three potential issues with my planned selling strategy that would have triggered additional CA state taxes. The tool showed me exactly how a disqualifying disposition would be treated for both federal and CA taxes, and it recommended a specific selling schedule that would minimize my overall tax burden. Would have never realized that spreading my sales across December and January could save me almost $8k in combined taxes. Definitely worth checking out if you're dealing with complicated ISO situations.
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Caesar Grant
Another option if you need clarification directly from the IRS about your ISO situation is Claimyr. I spent weeks trying to get through to an IRS rep about a similar ISO/AMT issue and kept hitting busy signals or disconnects. With https://claimyr.com I got through to a specialist in about 20 minutes. There's a quick demo of how it works here: https://youtu.be/_kiP6q8DX5c if you're interested. The IRS agent I spoke with confirmed exactly what the first commenter said - selling ISOs within a year of exercise is a disqualifying disposition that eliminates AMT concerns but creates ordinary income on the bargain element. They also explained some documentation requirements I would have needed for my return that I had no idea about.
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Lena Schultz
•How does this even work? Isn't it just another service that puts you on hold? I've been trying to reach someone at the IRS about my ISOs for months with no luck.
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Gemma Andrews
•This sounds like BS honestly. Everyone knows it's impossible to get IRS people on the phone. If it was this easy why would anyone spend hours on hold? And even if you do get through, the frontline people rarely understand complex issues like ISO dispositions and AMT interactions.
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Caesar Grant
•It's not another hold service - they use a system that continuously redials and navigates the IRS phone tree until they secure a spot in the queue, then they call you when an agent is about to be available. It's basically automating all the redial stuff we would do manually. You're right to be skeptical - I was too. The key is asking for the right department. When I got connected, I specifically asked for someone who handles equity compensation questions. The first person transferred me to someone in their specialized tax law department who definitely knew about ISOs and disqualifying dispositions. They cited specific tax code sections and explained exactly how to document everything correctly on my return.
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Gemma Andrews
Ok I need to eat my words. After my skeptical comment I decided to try Claimyr because my frustration with the IRS reached a breaking point. I got a call back in about 35 minutes and was connected to someone who actually knew about equity compensation. The agent confirmed what others have said here - a disqualifying disposition eliminates AMT concerns for those specific shares. But they also explained something nobody mentioned - if you sell only PART of your ISOs in a disqualifying disposition, you need to be very careful about identifying which specific shares you're selling (FIFO, LIFO, etc.) because it affects how the remaining shares are treated for AMT. The documentation requirements were way more specific than I realized. Definitely worth the call.
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Pedro Sawyer
One thing nobody's mentioned - if you do the disqualifying disposition this year to avoid AMT, remember your employer will likely include that bargain element as compensation on your W-2. This might bump you into a higher tax bracket or affect other income-based calculations (like NIIT or Medicare surtax). Sometimes AMT can actually be better than ordinary income tax rates depending on your overall tax situation.
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Mae Bennett
•Wouldn't the bargain element be included as income regardless? I thought AMT just accelerates the timing but you still pay tax on the bargain element one way or another.
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Pedro Sawyer
•The key difference is timing. With a qualifying ISO disposition (held for required periods), you only pay tax on the capital gain when you eventually sell. With AMT, you pay tax on the bargain element in the exercise year, then capital gains tax on the entire gain when you sell. With a disqualifying disposition, you pay ordinary income tax on the bargain element in the year of sale, plus capital gains on any additional appreciation. So yes, you're right that you pay tax on the bargain element either way, but the timing and possibly the rate can be different. The AMT can sometimes be at a lower effective rate than your ordinary income tax rate depending on your overall tax situation.
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Beatrice Marshall
Has anyone here done a same-day sale and rebuy of ISOs? I'm curious if brokers flag this in any special way or if there are any practical considerations beyond the tax implications?
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Melina Haruko
•I did this last year. My broker (Schwab) didn't flag anything, but they did report both transactions normally on my 1099-B. The key is making sure you track everything properly yourself. The rebought shares will have a completely different cost basis and holding period.
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Dallas Villalobos
This is a really helpful thread! I'm in a similar boat with ISOs from my startup and was getting overwhelmed by all the AMT implications. One thing I wanted to add - make sure you check with your company's stock plan administrator about any specific requirements they have for disqualifying dispositions. My company required me to notify them within 30 days of the sale so they could properly report the compensation income on my W-2. Some companies handle this automatically through their brokerage, but others need manual notification. Also, if your company stock is still private/pre-IPO, the calculation of FMV at exercise might need additional documentation for the IRS. The tax implications everyone's discussed are spot on, but don't forget about the administrative side with your employer. Better to get ahead of it now than scramble at tax time!
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Paolo Ricci
•This is such an important point that I wish I had known earlier! I went through a disqualifying disposition last year and completely forgot to notify my company's stock plan administrator. Come tax time, my W-2 didn't include the bargain element as compensation income, which created a huge mess with my tax filing. I had to go back to my company in March (well past the deadline) and get an amended W-2 issued. The whole process delayed my tax filing by almost two months and I had to file an extension. The IRS still expects you to report that income correctly even if your employer messes up the W-2, so you end up having to reconcile everything manually. For anyone reading this - definitely check your company's process BEFORE you sell. Some companies are really on top of this and have automated systems, but others (especially smaller startups) might not even realize they need to track and report these dispositions. Better to ask the awkward questions upfront than deal with the paperwork nightmare later!
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Vanessa Figueroa
I went through a similar situation with my ISOs last year and can share some additional considerations beyond the great advice already given here. One thing that really caught me off guard was the state tax implications - even though the federal treatment becomes straightforward with a disqualifying disposition, some states have different rules. Also, if you're planning to do the same-day sale and rebuy strategy, make sure you have enough cash flow to handle the immediate tax hit. With a disqualifying disposition, you'll owe ordinary income tax on that $16,250 bargain element (1,250 shares × $13 spread) in the year of sale, which could be a significant amount depending on your tax bracket. One more practical tip - if your company uses a third-party administrator like Carta or Shareworks for stock plans, they often have calculators that can model different sale scenarios including the tax implications. Might be worth checking if your company has something like that available before you make your final decision. The wash sale rule clarification from earlier comments is spot on - since you're selling at a gain, you're in the clear there. But definitely coordinate with your company on the reporting requirements as others mentioned!
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