OGE Form 278e: Part 5
Spouse’s Employment Assets and Income (including retirement accounts)

Introduction

Report your spouse’s assets and income related to employment in Part 5. For purposes of this Part, “employment-related” is interpreted broadly to cover, with certain exceptions, all of your spouse’s non-investment activities as well as your spouse’s retirement accounts. Learn how to report a particular asset by selecting that asset or source of income from the table below.

• Bonus (cash)
• Carried Interest
• Cash Balance Pension Plan
• Deferred Compensation
• Defined Benefit Plan
• Defined Contribution Plan (e.g., 401k, 403b, 457)
• Director Fee
• Employee Stock Ownership Plan
• Employee Stock Purchase Plan
• Executor or Administrator Fee
• Farm (operated as a business)
• Government Benefit or Payment
• Honorarium
• Intellectual Property
• Investment Fund (general)
• IRA, Roth IRA, SEP IRA, or Keogh Plan
• Law Firm (partnership)
• Legal Practice (solo practice)
• Life Insurance (split-dollar)
• Money Purchase Pension Plan
• Option or Warrant
• Phantom Stock
• Restricted Stock
• Restricted Stock Unit (RSU)
• Salary
• Self-Funded Defined Benefit Plan
• Severance Payment (cash)
• Small Business (general)
• Small Business (installment sale)
• Small Business (third-Party Escrow Agreement)
• Stable Value Fund
• Stock
• Stock Appreciation Right
• TIAA
• Trustee Fee

Other Assets and Income Related to Your Spouse’s Employment

If your spouse has a type of asset or income related to employment that is not listed above, click here for general guidance.

No Assets or Income Related to Your Spouse’s Employment

If you do not have any assets or income to report related to your spouse’s employment, you need to state this fact. Within Integrity, you would make the statement by marking the “I do not have...” checkbox. For hard copy reports, write “None” for the first line entry.

Bonus (cash)

Report a cash bonus that your spouse received in Part 5.

For Your Spouse

Part 5

Report the source of your spouse’s bonus (or bonuses) if your spouse received more than $1,000 from that source during the reporting period.

Description: Provide the name of the source. In addition, if the source is a privately held business, provide the source’s line of business.

EIF: Select “N/A.”

Income Type: Describe the type of income as “bonus.”

Carried Interest

Report your spouse’s carried interests in Part 5.

The term “carried interest” may have different meanings. Consult our definition of “carried interest” to see how we use this term for purposes of executive branch financial disclosure. For interests that do not meet this specific definition, your agency’s ethics official will need to consult OGE for guidance on the reporting requirements.

Carried Interest on Entity that Does Not Qualify as an EIF

Endnote to #2: See lines 1.1 through 1.3 for the holdings of this fund on which the carried interest is based.

Carried Interest on Entity that Qualifies as an EIF

For Your Spouse

Part 5

As a matter of policy, OGE deems a carried interest to have a value that exceeds $1,000. Therefore, carried interests must be reported. Also, if your spouse received more than $200 in income related to a carried interest during the reporting period, you need to report the income.

Description: Indicate that the asset is a carried interest, provide the name of the entity on which the carried interest is based, and, except where the entity qualifies as an excepted investment fund, list the underlying assets of that entity.

In the typical case, a spouse with a carried interest based on an entity also has a direct equity interest in that entity and the entity ordinarily will not qualify as an excepted investment fund. In such cases, the underlying assets of the entity will have been reported already, so, in lieu of listing those assets again, you may add an endnote indicating where those assets have been reported.

EIF: Select “N/A.”

Value: Report the value of the carried interest by marking the appropriate category. If you cannot ascertain the value, leave this field blank but write “value not readily ascertainable” in the “Description” field. In addition, provide basic information as to how the carried interest is calculated (e.g., hurdle rate and percentage).

Income Type: Specify the type of income if the total amount of income during the reporting period exceeded $200.

Income Amount: Select the category that corresponds to the total amount of income during the reporting period.

Cash Balance Pension Plan

Report your spouse’s cash balance pension plan in Part 5.

For Your Spouse

Part 5

Report a cash balance pension plan if the value of the plan was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in retirement payments during the reporting period.

Description: Report the name of the employer providing the plan and write “cash balance pension plan.”

EIF: Select “N/A.”

Value: Report the value of the plan by selecting the appropriate category. The value is the dollar value indicated in the statement provided by the plan’s administrator.

Income Type: Write “retirement payments” if your spouse is receiving payments or received a lump-sum distribution.

Income Amount: Select “None (or less than $201)” if your spouse has not received any payments. Do not complete this field if your spouse is receiving or has received payments because writing “retirement payments” in the “Income Type” field is sufficient.

Deferred Compensation

Report your spouse’s deferred compensation in Part 5.

Deferred compensation can take many forms, and the reporting requirements will vary based on the timing of the compensation and its form. The examples below are intended to be merely illustrative of the various forms that deferred compensation may take. Regardless of the form of your spouse’s deferred compensation, you should work with an ethics official at your agency to ensure complete and accurate disclosure.

The guidance on deferred compensation is broken into the following sections:

Example 1: Cash Payments from a Deferred Compensation Plan

Example 2: Future Cash Payment That is Fixed

Example 3: Payments in the Form of Assets – Received or Anticipated

Example 4: Deferred Compensation Plan with Underlying Assets

Example 5: Deferred Compensation Plan Linked to an Index or Other Benchmark

Example 1: Cash Payments from a Deferred Compensation Plan

If your spouse has received cash payments from deferred compensation, report as follows.

Part 5

Report the source of a cash payment (or payments) that your spouse received during the reporting period if the total amount derived from deferred, earned income exceeded $1,000. In addition, report the amount of any payment (or payments) derived from investment income in excess of $200.

Description: Report the name of the employer providing the payment and write “deferred compensation.” In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Income Type: Describe the type of income as “cash payment” or “cash payments.”

Income Amount: Provide the exact amount of any payment during the reporting period that was derived from investment income (i.e., income that accrued within the plan in addition to the originally deferred earned income).

Example 2: Future Cash Payment That is Fixed

Your spouse’s employer may owe your spouse deferred compensation in the future in the form of a cash payment. That payment may be a fixed, as opposed to variable, amount that has already been determined. In that case, this example provides guidance on reporting the fixed-amount cash payment that your spouse’s employer owes.

Instead of being fixed, the amount of your spouse’s future payment may depend on the performance of investments. Alternatively, it may depend on the performance of something tracked, such as an index, a mutual fund, or some other benchmark. In either of those cases, this example would not apply to your spouse’s situation. You should refer to either Example 4 or 5 below for guidance on a “Deferred Compensation Plan with Underlying Assets” or a “Deferred Compensation Plan Linked to an Index or Other Benchmark.”

Part 5

Report an anticipated, fixed cash payment if the fixed amount that your spouse is owed was more than $1,000 at the end of the reporting period.

Description: Report the name of the employer providing the payment and write “deferred compensation: cash receivable.” In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Select the category that corresponds to the value of the fixed payment that your spouse is owed.

Income Amount: Select the category for “None (or less than $201).” OGE does not treat tax-deferred compensation owed to your spouse or tax-deferred income accruing within a deferred compensation plan as having been received because of the limitations on withdrawal and other regulatory requirements governing such plans. You, however, would report distributions as having been received. See Example 1 above.

Example 3: Payments in the Form of Assets – Received or Anticipated

Your spouse may have an arrangement for deferred compensation in the form of assets, rather than cash. If your spouse has not yet received the deferred compensation, provide the name of the employer and write “deferred compensation receivable” in the “Description” field. Then, report the assets using the guidance appropriate for that type of asset (e.g., stock, stock options, restricted stock, stock appreciation right, phantom stock, and restricted stock units).

Note that OGE does not treat tax-deferred compensation owed to your spouse or tax-deferred income accruing within a deferred compensation plan as having been received because of the limitations on withdrawal and other regulatory requirements governing such plans. You, however, would report distributions as having been received. See Example 1 above.

Example 4: Deferred Compensation Plan with Underlying Assets

This example addresses the situation of a deferred compensation plan that holds underlying assets.

Part 5

Report the deferred compensation plan and each underlying asset of the plan that individually was worth more than $1,000 at the end of the reporting period.

Description: Provide the name of the employer and write “deferred compensation.” In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

Next, report each underlying asset that individually was worth more than $1,000 at the end of the reporting period.

EIF: Select “No” for the plan. In addition, for each underlying asset, indicate whether the asset (1) is an investment vehicle qualifies as an EIF (“Yes”), (2) is an investment vehicle that does not qualify as an EIF (“No”), or (3) is not an investment vehicle that holds other assets (“N/A”).

Value: You do not need to provide the overall value for the plan. Instead, provide the individual value of each underlying asset by selecting the appropriate category.

Income Amount: Select “None (or less than $201)” for the underlying assets. OGE does not treat tax-deferred compensation owed to your spouse or tax-deferred income accruing within a deferred compensation plan as having been received because of the limitations on withdrawal and other regulatory requirements governing such plans. You, however, would report distributions as having been received. See Example 1 above.

Example 5: Deferred Compensation Plan Linked to an Index or Other Benchmark

Your spouse may have an interest in a deferred compensation plan under which your spouse’s employer owes a future payment that depends on the performance of something tracked, such as an index, a mutual fund, or some other benchmark. However, your spouse does not, through the deferred compensation plan, own the thing being tracked. For instance, the plan may track the performance of the S&P 500 or the performance of a mutual fund that mirrors the S&P 500, but your spouse does not hold, through the deferred compensation plan, shares of the companies listed on the S&P 500 or shares of the mutual fund. Instead, the employer owes your spouse a cash payment, and the employer may pay more money if the S&P 500 performs well or may pay less money if the S&P 500 performs poorly.

This example provides guidance on reporting the variable payment of deferred compensation that an employer owes your spouse.

Endnote to #2: The stocks tracked by this deferred compensation plan are as follows: Nutrodesign, LLC (agricultural products); BMSL Propulsion, Inc. (rocket fuel research); WQX Optics (medical devices)

Part 5

Report your spouse’s interest in the plan if the value of your spouse’s interest was more than $1,000 at the end of the reporting period.

Description: Provide the name of the employer, write “deferred compensation,” and specify the index or other benchmark that your spouse’s future payment tracks. In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Select the category that corresponds to the value of your spouse’s interest.

Income Amount: Select the category for “None (or less than $201).” OGE does not treat tax-deferred compensation owed to your spouse or tax-deferred income accruing within a deferred compensation plan as having been received because of the limitations on withdrawal and other regulatory requirements governing such plans. You, however, would report distributions as having been received. See Example 1 above.

Defined Benefit Plan

Report your spouse’s defined benefit plan in Part 5.

For Your Spouse

Part 5

Report a defined benefit plan if the value of the plan was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in retirement payments during the reporting period. Do not report a plan that your spouse obtained through United States Government employment.

Description: Report the name of the employer providing the plan and write “defined benefit plan.”

EIF: Select “N/A.”

Value: Report the value of the plan by selecting the appropriate category. If you cannot ascertain the value, leave this field blank and write “value not readily ascertainable” in the “Description” field.

Income Type: Write “retirement payments” if your spouse is receiving payments or received a lump-sum distribution.

Income Amount: Select the “None (or less than $201)” category if your spouse has not received any payments. Do not complete this field if your spouse is receiving or has received payments because writing “retirement payments” in the “Income Type” field is sufficient.

Defined Contribution Plan (e.g., 401k, 403b, 457)

Report your spouse’s defined contribution plan in Part 5.

Assets within a Defined Contribution Plan – No distributions yet

Assets within and Distributions from a Defined Contribution Plan

Final Distribution from a Defined Contribution Plan – No remaining assets

For Your Spouse

Reporting Assets within a Defined Contribution Plan

Part 5

Report each underlying asset of the defined contribution plan that individually was worth more than $1,000 at the end of the reporting period. Although this information is not required, it is helpful if you specify that the assets are held within a defined contribution plan.

Description and EIF: This guide contains specific instructions for common types of assets held within a defined contribution plan (e.g., mutual funds, exchange-traded funds, stocks, and corporate bonds).

Value: Report the value of the underlying asset by selecting the appropriate category.

Income Type: Leave this field blank.

Income Amount: Select the category for “None (or less than $201).” Note that OGE does not treat tax-deferred income accruing within a retirement plan as having been received because of the limitations on withdrawal and other regulatory requirements governing such plans. You, however, would report distributions as having been received. See below.

Reporting Distributions from a Defined Contribution Plan

Report a cash distribution (or distributions) that your spouse received from a defined contribution plan if the total amount of distributed income exceeded $200 during the reporting period. If the plan continues to have reportable assets and you specified that the assets are held within the plan, you may report these distributions as part of the entry for the overall plan. Otherwise, report the distributions as a separate line entry using the guidance below.

Description: Report the name of the plan sponsor and describe the type of plan. In addition, unless otherwise clear, explain whether (1) the assets of the plan are reported elsewhere or (2) the plan has no remaining assets.

EIF: Select “N/A.”

Income Type: Describe the type of income as “cash distributions” or “cash payments.”

Income Amount: Provide the exact amount of your spouse’s distributed income during the reporting period.

Director Fee

Report the source of your spouse’s director fees in Part 5.

For Your Spouse

Part 5

Report the source of your spouse’s director fees if your spouse received more than $1,000 from that source during the reporting period.

Description: Provide the name of the source. In addition, if the source is a privately held business, provide the source’s line of business.

EIF: Select “N/A.”

Income Type: Describe the type of income as “director fees.”

Employee Stock Ownership Plan

Report your spouse’s employee stock ownership plan (ESOP) in Part 5.

For Your Spouse

Part 5

Report an employee stock ownership plan account if the value of the account was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income from the account during the reporting period.

Description: Provide the name of the employer and write “ESOP account” or “employee stock ownership plan account.” In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Report the value of the account by selecting the appropriate category.

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200.

Income Amount: Select the category corresponding to the total amount of income received during the reporting period. Most filers select “None (or less than $201).”

Employee Stock Purchase Plan

Report your spouse’s employee stock purchase plan (ESPP) in Part 5.

For Your Spouse

Part 5

Reporting an Employee Stock Purchase Plan Account

Report an employee stock purchase plan account if the cash balance of the account was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income from the account during the reporting period.

Description: Provide the name of the employer and write “ESPP account” or “employee stock purchase plan account.” In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Report the value of the account by selecting the appropriate category.

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200.

Income Amount: Select the category corresponding to the total amount of income received during the reporting period. Most filers select “None (or less than $201).”

Reporting Stock Acquired through an Employee Stock Purchase Plan

Report any stock that your spouse acquired as a separate line entry, using the standard instructions for stock.

Executor or Administrator Fee

Report fees for your spouse’s service as an executor or administrator in Part 5. In addition, report the following interests in Part 6: (1) assets distributed from an estate and (2) a beneficial interest in an estate that has not yet been distributed. Do not report an interest in the will of a living person.

For Your Spouse

Part 5

Report the source of your spouse’s fees if your spouse received more than $1,000 from that source during the reporting period.

Description: Identify the estate. If the estate is that of a family member, you may write “estate of a family member.” In other cases, identify the estate by the name of the party (e.g., “Estate of Ms. Eliot”).

EIF: Select “N/A.”

Income Type: Write “executor fees” or “administrator fees.”

Farm (operated as a business)

Report a farm that your spouse operates as a business in Part 5.

For Your Spouse

Part 5

Reporting a Farm in Which You Have No Financial Interest

Report a farm that your spouse operates as a business, and in which you have no financial interest, if its value was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in earned income during the reporting period (or more than $200 in interest, dividends, capital gains, rent, or royalties).

Do not report passive investment interests in a farm in Part 5. Report these interests in Part 6 instead.

Description: Provide the name of farm (or write “spouse’s farm” for a sole proprietorship); the location of the farm (either the city and state or the county and state); and the business of the farm, such as crops or livestock. In addition, it is helpful if you specify the type of interest that your spouse has in the farm, such as “sole proprietor” or “general partner.”

EIF: Select “N/A.”

Value: Select the appropriate category to report the value of the farm, including such assets as the land, the crops (standing or in storage), the livestock, the farm equipment, the buildings, etc.

Income Type: Write “farming income” if your spouse’s earned income exceeded $1,000 during the reporting period. Select the applicable type of income categories for income over $200 that can be classified as interest, dividends, capital gains, rent, or royalties.

Income Amount: Select the category corresponding to the total amount of interest, dividends, capital gains, rent, or royalties received during the reporting period. Do not provide an amount for earned income.

Reporting a Farm in Which You Have a Financial Interest

If you have only a passive investment interest in a farm that your spouse operates as a business, you may use the guidance above for your spouse’s interest in the farm and report your interest in Part 6. If you also have an active role in the business, you would report your interest in Part 2.

Government Benefit or Payment

For Your Spouse

Part 5

Report the following:

• Honoraria your spouse received from the United States Government.
• Consulting fees your spouse received as an independent contractor with the United States Government.
• Salary your spouse received from state, local, or foreign government employment.
• Honoraria or consulting fees your spouse received from state, local, or foreign government sources.
• Your spouse’s retirement benefits from a state, local, or foreign government, such as participation in a defined benefit plan or a defined contribution plan.

When reporting a payment to your spouse, describe the type but not the amount of the payment (unless honoraria).

Do not report the following:

• Income your spouse received as an employee of the United States Government, including military Reserve pay.
• Retirement benefits your spouse received from the United States Government, including the Thrift Savings Plan and any other United States Government retirement system.
• Your spouse’s income from the United States Government’s Social Security, veterans’ benefits, and other similar United States Government benefits programs.
• Your spouse’s income from state, local, or foreign government benefits programs, including unemployment benefits

Honorarium

Report an honorarium that your spouse received in Part 5.

For Your Spouse

Part 5

If your spouse received honoraria from a single source aggregating more than $200 during the reporting period, report each honorarium received from that source.

Description: Provide the name of the source that paid the honorarium and enter the date of the services.

EIF: Select “N/A.”

Income Type: Describe the type of income as “honorarium.”

Income Amount: Provide the exact amount of the honorarium.

Intellectual Property

Report your spouse’s intellectual property and income from intellectual property in Part 5.

For Your Spouse

Part 5

Report your spouse’s intellectual property if any of the following are true: (1) the value of the intellectual property was more than $1,000 at the end of the reporting period, (2) your spouse received more than $200 in royalties or capital gains during the reporting period, or (3) your spouse received an advance of more than $1,000 during the reporting period. If your spouse received any other type of income, consult your ethics official regarding reporting requirements.

Note that being difficult to value is not the same thing as having little or no value. Often, filers are unable to determine the applicable range of intellectual property, and the instructions below provide some guidance on how to handle this situation. However, in such a case, you would still report the intellectual property, unless you are asserting that the value (which includes the present discounted value of all future income) was, in fact, no more than $1,000 at the end of the reporting period.

Description: Describe the intellectual property. For a book, provide the name of the book and identify the publisher. For a patent, provide the patent number and a very brief description of the patent. For other types of intellectual property, provide a similarly specific description that is sufficient for the reader to understand the nature of your spouse’s property.

EIF: Select “N/A.”

Value: Report the value of the intellectual property by selecting the appropriate category. If you cannot ascertain the value, leave this field blank but write “value not readily ascertainable” in the “Description” field.

Income Type: If your spouse received royalties or capital gains in excess of $200 during the reporting period, select the appropriate category. If your spouse received an advance or other earned income, describe the type of income in the space provided.

Income Amount: Select the category that corresponds to the total amount of royalties and capital gains received during the reporting period. Do not provide an amount for advances or other earned income.

Investment Fund (general)

If your spouse has an equity interest in an investment fund related to or acquired through employment, report the fund in Part 5. In addition, report any investment fund held through a retirement plan or individual retirement account in Part 5.

Note that other entries in this guide specifically address mutual funds, exchange-traded funds, and money market funds. See those entries for more targeted guidance if applicable.

Investment Fund Qualifies as an EIF

Investment Fund Does Not Qualify as an EIF – If you know the value of and income from the underlying assets

Investment Fund Does Not Qualify as an EIF – If you know the value of the underlying assets but the income from those assets is not readily ascertainable

Investment Fund Does Not Qualify as an EIF – If the value of and income from the underlying assets are not readily ascertainable

For Your Spouse

Part 5

Report an equity interest in an investment fund if the value was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in total income during the reporting period. See “Other Interests” below if your spouse manages the investment fund.

The reporting requirements will depend on whether the investment fund qualifies as an excepted investment fund (EIF).

Investment Fund Qualifies as an EIF

Description: Provide the name of the investment fund and, unless it is clear from the name that you are reporting a fund, describe the type of asset.

EIF: Select “Yes.”

Value: Report the value of the fund by selecting the appropriate category.

Income Type: Leave this field blank.

Income Amount: Select the category that corresponds to the total amount of income received during the reporting period.

Investment Fund Does Not Qualify as an EIF

Description: Provide the name of the investment fund, and, unless it is clear that you are reporting a fund, describe the type of asset.

EIF: Select “No” for the fund.

Additional Disclosure of Underlying Assets: Because the investment fund does not qualify as an EIF, you need to report each underlying asset of the fund that was worth more than $1,000 at the end of the reporting period or from which your spouse received more than $200 in income during the reporting period. Report each underlying asset using the guidance applicable to that type of asset.

For purposes of valuing an underlying asset in a fund, you may use the value of the proportionate interest that your spouse has in the underlying asset. For purposes of measuring income from an underlying asset, you may use the amount of income received from that underlying asset that is attributable to your spouse.

In certain cases, investment funds do not provide information regarding an investor’s interest in the value and/or income of the fund’s underlying assets. If you are unable to ascertain the value of the underlying assets, you may instead provide value information for the total interest that your spouse has in the fund. Similarly, if you are unable to ascertain the income from the underlying assets, you may instead provide income information for the total interest that your spouse has in the fund.

Other Interests

Additional requirements may apply if your spouse has ever worked for the company that manages the investment fund. Click here for guidance on these additional requirements.

IRA, Roth IRA, SEP IRA, or Keogh Plan

Report the underlying assets of your spouse’s Individual Retirement Account (IRA), Roth IRA, Simplified Employee Pension Individual Retirement Account (SEP IRA), or Keogh plan in Part 5.

Assets within an IRA, Roth IRA, SEP IRA, or Keogh Plan – No distributions yet

or

Assets within and Distributions from an IRA, Roth IRA, SEP IRA, or Keogh Plan

Final Distribution from an IRA, Roth IRA, SEP IRA, or Keogh Plan – No remaining assets

For Your Spouse

Part 5

Reporting Assets within an IRA, Roth IRA, SEP IRA, or Keogh Plan

Report each underlying asset of your spouse’s IRA, Roth IRA, SEP IRA, Keogh plan, or other individual account that individually was worth more than $1,000 at the end of the reporting period. Indicating that the assets are held within a retirement account will help explain the income figures provided; however, this indication is not required.

Description and EIF: This guide contains specific instructions for common types of assets held within a retirement account (e.g., mutual funds, exchange-traded funds, stocks, and corporate bonds).

Value: Report the value of the underlying asset by selecting the appropriate category.

Income Type: Leave this field blank.

Income Amount: Select the category for “None (or less than $201).” Note that OGE does not treat tax-deferred income accruing within a retirement account as having been received because of the limitations on withdrawal and other regulatory requirements governing such accounts. You, however, would report distributions as having been received. See below.

Reporting Distributions from an IRA, Roth IRA, SEP IRA, or Keogh Plan

Report a cash distribution (or distributions) that your spouse received from an IRA, Roth IRA, SEP IRA, Keogh plan, or other individual account if the total amount of distributed income exceeded $200 during the reporting period. If the account continues to have reportable assets and you specified that the assets are held within the account, you may report these distributions as part of the entry for the overall account. Otherwise, report the distributions using the guidance below.

Description: Describe the type of account. In addition, unless otherwise clear, explain whether (1) the assets of the account are reported elsewhere or (2) the account has no remaining assets.

EIF: Select “N/A.”

Income Type: Describe the type of income as “cash distributions” or “cash payments.”

Income Amount: Provide the exact amount of your spouse’s distributed income during the reporting period.

Law Firm (partnership)

Report your spouse’s law firm partnership in Part 5.

For Your Spouse

Part 5

Report a law firm partnership interest of your spouse if its value was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in earned income during the reporting period (or more than $200 in interest, dividends, capital gains, rent, or royalties).

If Your Spouse Has Received a Partnership Share

Description: Provide the name of the law firm. You should also indicate that the entity is a law firm, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Income Type: Describe the type of income as “partnership share.”

Capital Account

Description: Provide the name of the law firm and write “capital account.” You should also indicate that the entity is a law firm, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Select the category that corresponds to the value of the capital account.

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200. The type of income is usually “interest” for capital accounts.

Income Amount: Select the category that corresponds to the total amount of income received during the reporting period.

Other Interests

Business Assets and Liabilities: You need not itemize the assets of the law firm in Part 5. Disclosing the law firm itself is normally sufficient. As an exception to this rule, you would report any assets that are unrelated to the operations of the law firm. Report any liabilities for which your spouse is personally liable in Part 8.

Compensation and Other Benefits: In addition to partnership income, report any additional compensation and other benefits. Report these as separate line entries using the instructions for that type of asset or income. For example, various sections of this guide address severance payments, bonuses, deferred compensation, defined benefit plans, defined contribution plans, and other items.

Legal Practice (solo practice)

Report your spouse’s solo legal practice in Part 5.

For Your Spouse

Part 5

Report your spouse’s solo legal practice if the value of the practice was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in income during the reporting period.

Description: Indicate that your spouse practices law as a solo practitioner.

EIF: Select “N/A.”

Value: Report the value of the practice by selecting the appropriate category. The value of the practice would include all assets held by the practice, unless itemized separately.

Income Type: Describe the type of income as “legal fees.”

Business Assets and Liabilities

You need not itemize the assets of your spouse’s legal practice in Part 5. Disclosing the value of the legal practice is normally sufficient. As an exception to this rule, you would itemize any assets that are unrelated to the operations of the legal practice. Report any liabilities for which your spouse is personally liable in Part 8.

Life Insurance (split-dollar)

Report your spouse’s coverage by a split-dollar life insurance policy in Part 5.

For Your Spouse

Part 5

Report your spouse’s split-dollar life insurance policy if the value of the policy was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income during the reporting period.

Description: Provide the name of the insurance company issuing the policy; write “split-dollar” to describe the payment method; note the type of policy (e.g., whole, universal, or variable); and provide the name of the employer through which your spouse holds the policy. In addition, for a variable split-dollar policy, provide the name of each underlying asset within the policy that individually was worth more than $1,000 at the end of the reporting period.

EIF: For whole or universal split-dollar policies, select “N/A.” For variable split-dollar policies, select “No” for the first line entry because the overall policy is an investment vehicle that does not qualify as an excepted investment fund. For each underlying asset of a variable split-dollar policy, indicate whether the asset (1) is an investment vehicle that qualifies as an EIF (“Yes”), (2) is an investment vehicle that does not qualify as an EIF (“No”), or (3) is not an investment vehicle that holds other assets (“N/A”).

Value: For whole or universal split-dollar policies, report the value of the policy by selecting the appropriate category. For variable split-dollar policies, report the value of each underlying asset.

Income Type: If applicable, report the type of income received from the policy during the reporting period.

Income Amount:

(1) Income less than $201: Select the category for “None (or less than $201).”

(2) Dividends, capital gains, interest, rent, royalties, or income from EIFs: Select the category that corresponds to the total amount of income received during the reporting period.

(3) Other income: Provide the exact amount of income received during the reporting period.

Money Purchase Pension Plan

Report your spouse’s money purchase pension plan in Part 5 using the guidance for defined contribution plans.

Option (incentive stock option plan) or Warrant

Report your spouse’s stock options or warrants acquired through business or employment activities in Part 5 as well as any stock acquired through the exercise of those options or warrants.

For Your Spouse

Part 5

Report a stock option or warrant if the value of the option/warrant was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income during the reporting period.

Reporting Stock Options or Warrants

Description: Provide the exact name of the stock for which the option/warrant was issued, write “stock option” or “warrant,” and indicate whether the option/warrant is vested. In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: If you are able to determine the value of your spouse’s option/warrant, report the value by marking the appropriate category. Keep in mind that the value of an option/warrant is not the same as the value of the stock for which it was issued. In addition, an option/warrant may have reportable value even if the option/warrant is currently “underwater” (i.e., the strike price is above the market price), depending on how much time remains to exercise the option. The human resources office of the company that issued the options/warrants may be able to provide a valuation. If the company has not provided this information, OGE will accept either of the following methods of valuation:

(A) If the option/warrant is “underwater” or if the value of the option is otherwise difficult to determine, write “value not readily ascertainable” in the “Description” field and provide the following additional information: (1) the number of shares of the stock for which the option/warrant was issued; (2) the strike price; (3) the expiration date; and (4) the date on which the option/warrant will vest, if the option/warrant is unvested.

(B) Alternatively, you may use any commonly accepted formula to calculate the value of the options/warrants (e.g., the Black-Scholes pricing model).

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200.

Income Amount: Select the category corresponding to the total amount of income received during the reporting period. Options/warrants obtained through business activities or employment normally do not produce income until they are exercised or until the resulting stock is sold, which means that most filers select “None (or less than $201).”

Reporting Stock Acquired by Exercising Stock Options or Warrants

Report any stock that your spouse acquired as a separate line entry, using the standard instructions for stock.

Phantom Stock

Report your spouse’s phantom stock and income from phantom stock in Part 5.

For Your Spouse

Part 5

Reporting Phantom Stock

Report phantom stock if the value of the phantom stock was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in income during the reporting period.

Description: Provide the name of the employer, write “phantom stock,” and indicate whether the phantom stock is vested. In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Report the value of the phantom stock by selecting the appropriate category.

Income Type: Write “cash payment” to describe cash income.

Income Amount: Select the “None (or less than $201)” category if your spouse has not received any cash income. Do not complete this field if your spouse has received income because writing “cash payment” in the “Income Type” field is sufficient.

Reporting Stock Acquired through a Phantom Stock Plan

Report any stock that your spouse acquired as a separate line entry, using the standard instructions for stock.

Restricted Stock

Report your spouse’s restricted stock and income from restricted stock in Part 5.

For Your Spouse

Part 5

Reporting Restricted Stock

Report restricted stock if the value of the stock was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income during the reporting period.

Description: Provide the exact name of the stock, write “restricted stock,” and indicate whether the restricted stock is vested. In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Report the value of the restricted stock by selecting the appropriate category.

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200.

Income Amount: Select the category corresponding to the total amount of income received during the reporting period.

Reporting Restricted Stock That Has Vested and Has No Remaining Restrictions

Report the stock as you would any other stock.

Restricted Stock Unit (RSU)

Report your spouse’s restricted stock units and income from restricted stock units in
Part 5.

For Your Spouse

Part 5

Reporting Restricted Stock Units

Report a restricted stock unit if its value was more than $1,000 at the end of the reporting period or if your spouse received more than $1,000 in income during the reporting period.

Description: Provide the name of the employer, write “restricted stock unit,” and indicate whether the restricted stock unit is vested. In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Report the value of the restricted stock unit by selecting the appropriate category.

Income Type: Write “cash payment” to describe cash income.

Income Amount: Select the “None (or less than $201)” category if your spouse has not received any cash income. Do not complete this field if your spouse has received income because writing “cash payment” in the “Income Type” field is sufficient.

Reporting Stock Acquired through a Restricted Stock Unit Plan

Report any stock that your spouse acquired as a separate line entry, using the standard instructions for stock.

Salary

Report the source of your spouse’s salary in Part 5.

For Your Spouse

Part 5

Report the source of your spouse’s salary if your spouse received more than $1,000 from that source during the reporting period. Do not report salary from United States Government employment.

Description: Provide the name of your spouse’s employer. In addition, if your spouse’s employer is a privately held business, provide the employer’s line of business.

EIF: Select “N/A.”

Income Type: Describe the type of income as “salary.”

Self-Funded Defined Benefit Plan

Report your spouse’s self-funded defined benefit plan and its underlying assets in Part 5.

Assets within a Self-Funded Defined Benefit Plan

Assets within and Distributions from a Self-Funded Defined Benefit Plan

For Your Spouse

Part 5

Report a self-funded defined benefit plan if the value of the plan was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income during the reporting period. In addition, provide the names of each underlying asset within the plan that individually was worth more than $1,000 at the end of the reporting period. Income is ordinarily reported when distributions are received.

Reporting the Plan

Description: Write “self-funded defined benefit plan.” Provide the name of the financial institution through which the plan is held.

EIF: Select “No” because a self-funded defined benefit plan is an investment vehicle that does not qualify as an excepted investment fund.

Income Type: If applicable, describe the type of income received as “cash distributions” or “cash payments.”

Income Amount: Provide the exact amount of your spouse’s income during the reporting period. If you do not have such income to report, leave this field blank.

Reporting the Underlying Assets

Description: Provide the name of the underlying asset.

EIF: For each underlying asset, indicate whether the asset (1) is an investment vehicle that qualifies as an EIF (“Yes”), (2) is an investment vehicle that does not qualify as an EIF (“No”), or (3) is not an investment vehicle that holds other assets (“N/A”).

Value: Report the value of the underlying asset by selecting the appropriate category.

Income Amount: Select the category for “None (or less than $201).”

Severance Payment (cash)

Report a cash severance payment that your spouse received in Part 5.

For Your Spouse

Part 5

If you already have reported your spouse’s employment, you do not need to report a cash severance payment that your spouse received. However, if your spouse’s employment terminated outside the reporting period, you may not have already reported your spouse’s employment. In that case, report the source of a cash severance payment of more than $1,000 that your spouse received during the reporting period.

Description: Provide the name of the source. In addition, if the source is a privately held business, provide the source’s line of business.

EIF: Select “N/A.”

Income Type: Describe the type of income as “severance.”

Small Business (general)

Report a small business that your spouse operates in Part 5.

Note that other entries in this guide specifically address farms, law firms, and corporate stock. See those entries for more targeted guidance if applicable.

For Your Spouse

Part 5

Report your spouse’s small business if its value was more than $1,000 at the end of the reporting period, if your spouse received more than $200 in dividends, capital gains, interest, rent, royalties, or honoraria during the reporting period, or if your spouse received more than $1,000 in other income during the reporting period.

Description: Provide the name of the business and the type of business being conducted. In the absence of a specific business name, describe the trade practiced. If the legal name of the business differs from the name under which the business operates, it is helpful if you provide both names for clarity. In addition, unless otherwise specified, reported business interests are generally assumed to be structured as C-corporations. Consequently, if the business is otherwise structured, it is helpful to describe the type of business interest, such as “LLC” or “sole proprietorship.”

EIF: Select “N/A.”

Value: Select the appropriate category to report the value of the business.

Income Type and Income Amount: The level of detail required for income depends on the amount and type(s) of income.

(1) Dividends, capital gains, interest, rent, or royalties over $200: Specify the categories of income for “Income Type” and select the category that corresponds to the total amount of income received during the reporting period.

(2) Honoraria over $200: See “Additional Requirements” below.

(3) Other income over $1,000: Specify the type of income. (For purposes of financial disclosure, income from a business operated by a spouse will be treated as being subject to the earned income reporting requirements, unless the income is classified as dividends, capital gains, interest, rent, royalties, or honoraria.)

Additional Requirements

Business Assets and Liabilities: You need not itemize the assets of the business in Part 5. Disclosing the small business itself is normally sufficient. As an exception to this rule, you would report any assets that are unrelated to the operations of that business. Report any liabilities for which your spouse is personally liable in Part 8.

Compensation and Other Benefits: In addition to business income, your spouse may receive other compensation and other benefits. Report these as separate line entries using the instructions in this guide for that type of asset or income. For example, various entries in this guide address severance payments, bonuses, deferred compensation, defined benefit plans, defined contribution plans, and other items.

Honoraria: In general, you need to report the source of an honorarium (income for an appearance, speech, or article) separately even if your spouse received the income through a single-member LLC or a speakers’ bureau. See the honorarium entry in this guide for additional information.

Copyright on a Book: In general, you need to report the copyright on a book even if your spouse received the income through a single-member LLC. Report the LLC on one line in Part 5 and then report each book on a separate line.

Interests Arising from the Sale of a Business: Report a note from an installment sale or third-party escrow agreement using the instructions in this guide for such interests.

Small Business (installment sale)

Report in Part 5 your spouse’s interest in an installment sale note and income related to the installment sale of your spouse’s business.

For Your Spouse

Part 5

Report an installment sale if the value of the note was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income during the reporting period.

Description: Provide the name of the company or person who owes the note (e.g., “Widgets Unlimited” or “Ms. Nilsson”), indicate that the note is for an installment sale, and identify the sold business. If the party is a family member, you may identify the party as a “family member.”

EIF: Select “N/A.”

Value: Select the appropriate category to report the value of the note.

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200.

Income Amount: Select the category that corresponds to the total amount of income received during the reporting period. Generally, with an installment sale, capital gains are apportioned over the life of the note for federal income tax purposes and that same method may be used for financial disclosure purposes. If your spouse chose to recognize all income in the year of sale for federal income tax purposes, then that same method would be used for financial disclosure purposes.

Additional Requirements

Escrow agreement: Report a third-party escrow agreement using the instructions in this guide for such agreements.

Small Business (third-party escrow agreement)

Report in Part 5 your spouse’s interest in an escrow agreement from the sale of your spouse’s business.

For Your Spouse

Part 5

Report your spouse’s interest in an escrow agreement if the value of the escrow property was more than $1,000 at the end of the or if your spouse received more than $200 in income during the reporting period.

Description: Provide the name of the account, including the name of the third-party escrow holder with whom the escrow property is held in trust, and write a short description of the nature of the transaction (e.g., “due to sale of WQX Systems, LLC, to Widgets Unlimited”).

EIF: Select “N/A.”

Value: Report the value of the escrow property by selecting the appropriate category.

Income Type: Specify the type(s) of income if the total amount of income during the reporting period exceeded $200.

Income Amount:

(1) Income less than $201: Select the category for “None (or less than $201).”

(2) Dividends, capital gains, interest, rent, or royalties: Select the category that corresponds to the total amount of income received during the reporting period.

(3) Other income: Provide the exact amount of income received during the reporting period.

Stable Value Fund

Report a stable value fund held in your spouse’s retirement account or plan in Part 5.

For Your Spouse

Part 5

Report a stable value fund if the value of the stable value fund was more than $1,000 at the end of the .

Description: Provide the name of the stable value fund and the institution that manages the fund (e.g., Fidelity, Vanguard, T. Rowe Price, etc.), unless the institution is part of the fund name. In addition, although not required, it is helpful if you indicate the type of account or plan in which the fund is held (e.g., defined contribution plan, 401(k), 403(b), 457, etc.).

EIF: Stable value funds often qualify as excepted investment funds. In such cases, select “Yes” for this field.

Value: Report the value of the stable value fund by selecting the appropriate category.

Income Type: Do not complete this field for EIFs.

Income Amount: Select the “None (or less than $201)” category for funds held within a retirement plan or account. OGE does not treat tax-deferred income accruing within a retirement plan or account as having been received because of the limitations on withdrawal and other regulatory requirements governing such plans and accounts. You, however, would report distributions as having been received. See the entries for defined contribution plans and individual retirement accounts.

Stock

Report stock obtained through your spouse’s business, employment, or other income-generating activities in Part 5.

For Your Spouse

Part 5

Report a stock if the value of the stock was more than $1,000 at the end of the reporting period or if your spouse received more than $200 in income during the reporting period.

Description: Provide the exact name of the stock (e.g., “Xylophone Technologies Corporation”). In addition, for stock of a privately held company, provide a description of the issuer’s trade or business (e.g., grain distributor, supermarket, financial advisory, etc.). For publicly traded stocks, it is helpful to provide the ticker symbol in addition to the name of the stock.

EIF: Select “N/A.”

Value: Report the value of the stock by selecting the appropriate category.

Income Type: Specify the type(s) of income if the total amount of income received during the reporting period exceeded $200. Stocks normally produce dividend income but may also produce capital gains if sold.

Income Amount: Select the category corresponding to the total amount of income received during the reporting period.

Equity Compensation Plans and Other Interests

Stock obtained through employment-related activities often originates from equity compensation plans and other interests, such as deferred compensation, employee stock ownership plans, employee stock purchase plans, options (incentive stock option plan),phantom stock, restricted stock, restricted stock units, stock appreciation rights and warrants. Report these interests in Part 5 as well.

Stock Appreciation Right

Report your spouse’s stock appreciation rights and income from stock appreciation rights in Part 5.

For Your Spouse

Part 5

Reporting Stock Appreciation Rights

Report a stock appreciation right if the value of the stock appreciation right was more than $1,000 at the end of the or if your spouse received more than $1,000 in income during the reporting period.

Description: Provide the name of the employer, write “stock appreciation right,” and indicate whether the stock appreciation right is vested. In addition, for a privately held business, describe the line of business, unless you have already provided this information in another entry.

EIF: Select “N/A.”

Value: Report the value of the stock appreciation right by selecting the appropriate category. If the stock appreciation right is “underwater” or if its value is otherwise difficult to determine, write “value not readily ascertainable” in the “Description” field and provide the following additional information: (1) grant price; (2) number of shares;
(3) expiration date; and (4) for an unvested stock appreciation right, the vesting date.

Income Type: Write “cash payment” to describe cash income.

Income Amount: Select the “None (or less than $201)” category if your spouse has not received any cash income. Do not complete this field if your spouse has received income because writing “cash payment” in the “Income Type” field is sufficient.

Reporting Stock Acquired through a Stock Appreciation Right Plan

Report any stock that your spouse acquired as a separate line entry, using the standard instructions for stock.

TIAA

Report a TIAA product obtained through your spouse’s business, employment, or other income-generating activities in Part 5.

For Your Spouse

Part 5

The specific reporting requirements will depend on the type of TIAA product that your spouse holds.

For specific instructions on reporting the TIAA Traditional Annuity, click here.

For specific instructions on reporting CREF accounts and TIAA Real Estate, click here.

Trustee Fee

Report the source of your spouse’s trustee fees in Part 5.

Note that you may have to report the underlying holdings of the trust in Part 6 if you, your spouse, or dependent child have an interest in or have received income from the trust (see the trust entries in Part 6 of this guide for details).

For Your Spouse

Part 5

Report the source of your spouse’s trustee fees if your spouse received more than $1,000 from that source during the reporting period.

Description: Identify the trust. If the trust is for the benefit of your spouse or family members, you may use initials in lieu of a person’s name (e.g., “2003 J.S. Trust”) or simply refer to the entity as a family trust (e.g., “Family Trust #1”). In other cases, identify the trust by the last name (e.g., “Sanchez Family Trust”).

EIF: Select “N/A.”

Income Type: Describe the type of income as “trustee fees.”