"Draft Forms 3921 and 3922" - ISO and ESPP Reporting

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Draft Forms 3921 and 3922



June 8, 2010


Draft Forms 3921 and 3922





Preview of Forms 3921
and 3922
The IRS has released drafts of Forms 3921 and 3922
and related instructions to the NASPP, for us to share with our
members. These forms are drafts only and could be subject to change. The
rumor I've heard is that the final forms won't be available until
August, but I have not confirmed this with anyone at the IRS.


I haven't heard anything as to when the electronic file
specifications in Publication 1220 will be updated to reflect the
final 6039 regs. But, for the past two years, the IRS has posted a new
edition of Publication 1220 in July, so hopefully we'll see another
update in the next couple of months.


The IRS has provided the draft forms to the NASPP as a courtesy, in
light of the short period between when the final forms will be available
and the filing deadline. The IRS requests that the drafts be kept
within our industry community.


I also have no information as to when the guidelines on substitute
forms in Publication 1179 will be updated for the Section
6039 statements.  I took a look at Publication 1179 recently and it is
completely unclear as to which guidelines should apply to the 6039
statements.  But the good news is that an IRS representative has
indicated to us that generally any statement within reason that includes
all of the required information will likely be acceptable.



NASPP alert announcing the draft forms


Draft
Instructions to the forms



Draft
Form 3921



Draft
Form 3922


I owe a big thank you to Kaye Thomas of Fairmark Press and
author of "Consider Your Options" for coming through with a
contact at the IRS that was able to send me the draft forms.


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