SUMMARY: On November 16, 2009, the IRS issued final regulations relating to the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”). Section 6039 and the new final regulations require that employers provide certain information to their employees (or former employees) who in 2009 either exercised “incentive stock options” (“ISOs”) or transferred shares purchased under an “employee stock purchase plan” (an “ESPP”) and file such information with the IRS. The IRS will issue two forms (with instructions) that corporations must use to satisfy the return and information statement requirements under Section 6039. These requirements are discussed below.

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