text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Workplace Employee Stock Option Act 
  of 2002''.
  
  SEC. 2. INCENTIVES TO GRANT EMPLOYEE STOCK OPTIONS.
  
      (a) In General.--Section 423 of the Internal Revenue Code of 1986 
  (relating to employee stock purchase plans) is amended by adding at the 
  end the following new subsection:
      ``(d) Special Incentives With Respect to Employee Stock Purchase 
  Plans Which Meet Certain Additional Requirements.--
              ``(1) In general.--If--
                      ``(A) section 421(a) would (but for this 
                  subsection) apply with respect to the transfer of stock 
                  to an individual by reason of this section, and
                      ``(B) the requirements of paragraph (2) are met 
                  with respect to such transfer,
          the rules of paragraph (3) shall apply in lieu of the rules of 
          section 421(a) and section 56(b)(3) shall not apply.
              ``(2) Requirements.--A transfer of stock to an individual 
          meets the requirements of this paragraph if--
                      ``(A) the price paid by the individual for the 
                  stock under the option is paid only through payroll 
                  deductions in substantially equal amounts over a period 
                  of not less than 12 months and not more than 60 months,
                      ``(B) such payroll deductions are held in a trust 
                  described in paragraph (5),
                      ``(C) the price of the stock acquired under the 
                  option is not less than the fair market value of the 
                  stock at the time the option is granted,
                      ``(D) ownership of the stock is transferred to the 
                  individual at the end of the payroll deduction period 
                  (or, if earlier, the date that the price of the stock 
                  under the option is fully paid),
                      ``(E) the individual's election to commence 
                  withholding to purchase such stock pursuant to the 
                  option is made during the 30-day period beginning on 
                  the earliest date that the individual could have made 
                  the election to commence withholding to acquire stock 
                  pursuant to such option, and
                      ``(F) the stock acquired by the individual pursuant 
                  to the option--
                              ``(i) is held by the trust described in 
                          paragraph (5) until the individual elects to 
                          dispose of such stock, or
                              ``(ii) at the election of the individual, 
                          is transferred to the individual.
              ``(3) Special tax treatment.--
                      ``(A) Treatment of payroll deductions.--With 
                  respect to the payroll deductions referred to in 
                  paragraph (2)(A)--
                              ``(i) the gross income of the individual 
                          shall not include an amount equal to such 
                          deductions,
                              ``(ii) for purposes of subtitle C, the 
                          individual's remuneration for employment shall 
                          not include an amount equal to such deductions, 
                          and
                              ``(iii) the deduction otherwise allowable 
                          under section 162 for remuneration paid to such 
                          individual shall be reduced by an amount equal 
                          to such deductions.
                  The aggregate amount to which the preceding sentence 
                  applies for any taxable year of an individual shall not 
                  exceed the limitation under section 402(g)(1) for such 
                  taxable year.
                      ``(B) Treatment when share transferred to 
                  individual.--
                              ``(i) Employee.--No amount shall be 
                          includible in the gross income of an individual 
                          (or treated as remuneration for purposes of 
                          subtitle C) by reason of the transfer of 
                          ownership of stock acquired pursuant to an 
                          option to which this subsection applies.
                              ``(ii) Employer.--There shall be allowed as 
                          a deduction under section 162 to the person 
                          whose deduction was reduced under subparagraph 
                          (A)(iii) (for the taxable year in which such 
                          transfer of ownership occurs) an amount equal 
                          to the fair market value of the stock at the 
                          time of such transfer.
                      ``(C) Treatment when share disposed of.--At the 
                  time the stock is disposed of, so much of the gain as 
                  does not exceed the deduction allowed under 
                  subparagraph (B)(ii) shall be treated as ordinary 
                  income.
                      ``(D) Failure to include proper amount of ordinary 
                  income.--If--
                              ``(i) the gain on any disposition of stock 
                          acquired pursuant to an option to which this 
                          subsection applies exceeds the deduction 
                          allowed under subparagraph (B)(ii), and
                              ``(ii) the individual fails to include in 
                          gross income as ordinary income at least the 
                          amount of such deduction,
                  then the entire amount of gain shall be included in 
                  gross income as ordinary income.
              ``(4) Special rules.--
                      ``(A) Determination of option price.--For purposes 
                  of paragraph (2), an option to acquire stock shall be 
                  treated as being granted on the earliest date that the 
                  individual could have made the election to acquire 
                  stock pursuant to such option.
                      ``(B) Return of payroll deductions.--Nothing in 
                  this subsection shall prevent the return of an 
                  individual's payroll deductions to the individual if 
                  the individuals elects not to use the deducted amounts 
                  to acquire the stock. The amount so returned shall be 
                  included in the gross income of such individual for the 
                  taxable year in which paid to the individual and shall 
                  be treated for purposes of subtitle C as remuneration 
                  from employment.
                      ``(C) Termination of employment.--If an individual 
                  terminates employment with the person who granted the 
                  option to acquire stock, paragraph (2)(A) shall not 
                  apply to amounts paid within 3 months after such 
                  termination to the extent such amounts do not exceed 
                  the amount payable under options granted before the 
                  date of such termination. In the case of an individual 
                  who is disabled or who dies before the close of such 3 
                  months, the preceding sentence shall be applied by 
                  substituting `1 year' for `3 months'.
                      ``(D) Treatment of nonresident aliens.--If an 
                  individual is a nonresident alien individual for any 
                  portion of the taxable year, this subsection shall 
                  apply only if--
                              ``(i) such individual is treated as a 
                          resident alien of the United States for 
                          purposes of this chapter by reason of an 
                          election under subsection (g) or (h) of section 
                          6013, or
                              ``(ii) such individual has income from 
                          sources within the United States or which is 
                          effectively connected with the conduct of a 
                          trade or business in the United States.
                      ``(E) Certain employees may be excluded.--In 
                  applying subsection (b)(4) for purposes of this 
                  subsection, there may be excluded employees included in 
                  a unit of employees covered by an agreement between 
                  employee representatives and one or more employers 
                  which the Secretary finds to be a collective bargaining 
                  agreement, if the benefits provided under this 
                  subsection were the subject of good faith bargaining 
                  between such employee representatives and such employer 
                  or employers.
              ``(5) Rate of cash compensation must be unaffected.--The 
          grant of any options under the arrangement may not be directly 
          linked with a systematic reduction in the annual rate at which 
          basic or regular cash compensation is paid to employees under 
          the arrangement, as determined under regulations prescribed by 
          the Secretary of the Treasury.
              ``(6) Trust holding payroll deductions.--A trust is 
          described in this paragraph if--
                      ``(A) the trust is created or organized in the 
                  United States exclusively for the purposes of holding 
                  payroll deductions pursuant to this subsection and 
                  stock acquired with such payroll deductions,
                      ``(B) a separate account is maintained for each 
                  individual, and
                      ``(C) any earnings on payroll deductions of an 
                  individual are paid not less often than annually to 
                  such individual.
          The Employee Retirement Income Security Act of 1974 shall not 
          apply to any trust described in this paragraph.
              ``(7) Regulations.--The Secretary shall prescribe such 
          regulations as may be appropriate to carry out this 
          subsection.''
      (b) Exemption From Tax for Trust Holding Payroll Deductions, Etc.--
  Subsection (a) of section 501 of such Code is amended by striking ``or 
  section 401(a)'' and inserting ``, section 401(a), or section 
  423(d)(5)''.
      (c) Information Reporting.--
              (1) In general.--Subpart B of part III of subchapter A of 
          chapter 61 of such Code is amended by adding at the end the 
          following new section:
  
  ``SEC. 6050T. RETURNS RELATING TO TRANSFER OF OWNERSHIP OF STOCK 
                ACQUIRED PURSUANT TO CERTAIN STOCK OPTIONS.
  
      ``(a) In General.--Any person who is allowed a deduction for any 
  taxable year under section 423(d)(3)(B)(ii) with respect to the 
  transfer of ownership of stock to any individual shall make the return 
  described in subsection (b) with respect to such transfer at such time 
  as the Secretary may by regulations prescribe.
      ``(b) Form and Manner of Returns.--A return is described in this 
  subsection if such return--
              ``(1) is in such form as the Secretary may prescribe,
              ``(2) contains--
                      ``(A) the name, address, and TIN of the individual 
                  to whom the stock ownership was so transferred,
                      ``(B) the amount of the deduction allowed under 
                  section 423(d)(3)(B)(ii) with respect to such transfer, 
                  and
                      ``(C) such other information as the Secretary may 
                  prescribe.
      ``(c) Statements To Be Furnished To Persons With Respect To Whom 
  Information Is Required.--Every person required to make a return under 
  subsection (a) shall furnish to each individual whose name is required 
  to be set forth in such return a written statement showing--
              ``(1) the name, address, and phone number of the 
          information contact of the person required to make such return, 
          and
              ``(2) the amount of the deduction described in subsection 
          (a) with respect to stock ownership transferred to such 
          individual.
  The written statement required under the preceding sentence shall be 
  furnished to the person on or before January 31 of the year following 
  the calendar year for which the return under subsection (a) was 
  required to be made.''
              (2) Assessable penalties.--
                      (A) Subparagraph (B) of section 6724(d)(1) of such 
                  Code (relating to definitions) is amended by 
                  redesignating clauses (xi) through (xvii) as clauses 
                  (xii) through (xviii), respectively, and by inserting 
                  after clause (x) the following new clause:
                              ``(xi) section 6050T (relating to returns 
                          relating to transfers of ownership of stock 
                          acquired pursuant to certain stock options),''.
                      (B) Paragraph (2) of section 6724(d) of such Code 
                  is amended by striking ``or'' at the end of the next to 
                  last subparagraph, by striking the period at the end of 
                  the last subparagraph and inserting ``, or'', and by 
                  adding at the end the following new subparagraph:
                      ``(BB) section 6050T(c) (relating to returns 
                  relating to transfers of ownership of stock acquired 
                  pursuant to certain stock options).''.
              (3) Clerical amendment.--The table of sections for subpart 
          B of part III of subchapter A of chapter 61 of such Code is 
          amended by inserting after the item relating to section 6050S 
          the following new item:
  
                                ``Sec. 6050T. Returns relating to 
                                          transfers of ownership of stock 
                                          acquired pursuant to certain 
                                          stock options.''.
      (d) Effective Date.--The amendments made by this section shall 
  apply to options granted after the date of the enactment of this Act.
target: Workplace Employee Stock Option Act of 2002 - Amends the Internal Revenue Code to provide for the exclusion from gross income of certain stock purchased with payroll deductions through an employee stock purchase plan.Sets forth special rules with respect to the inclusion of nonresident aliens under the provisions of this Act. Allows certain employees to be excluded from purchasing stock options under this Act.Requires certain employers to submit information returns relating to the transfer of ownership of stock acquired by employees pursuant to certain stock options, and assesses penalties for failure to comply.
feat_title: To amend the Internal Revenue Code of 1986 to encourage the granting of employee stock options.