
ESPPs can be a valuable benefit for employees, allowing them to purchase company stock at a discounted price. This can be a smart way to invest in your future.
The tax implications of ESPPs can be complex, but understanding the basics can help you make informed decisions. As we'll explore in this article, the tax treatment of ESPPs depends on the type of stock purchased and the employee's tax situation.
There are two main types of ESPPs: qualified and non-qualified. Qualified ESPPs are subject to income tax withholding, while non-qualified ESPPs are not. This distinction is important to keep in mind when considering an ESPP.
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What Is a Plan?
An Employee Stock Purchase Plan (ESPP) is a company-run program that allows employees to purchase company stock at a discounted price.
Employees can participate in an ESPP by opting for payroll deductions, which accumulate between the offering date and the purchase date.
The company uses these accumulated funds to buy stocks on behalf of the participating employees on the purchase date.
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The discount rate on company shares under an ESPP can vary, but it can go up to 15% lower than the market price.
Typically, employees make contributions to a purchase fund via payroll deductions over a period of time, usually six months.
The IRS limits employee contributions to an ESPP to $25,000 per calendar year.
Employers can further restrict contributions to either a percentage of the employee's salary or a flat dollar amount.
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Types of ESPPs
Employee Stock Purchase Plans (ESPPs) can be broadly categorized into two types: Qualified ESPPs and Non-Qualified ESPPs.
A Qualified ESPP is a type of ESPP that meets specific IRS requirements. This type of plan is more beneficial for employees as it offers tax advantages.
Non-Qualified ESPPs do not meet the IRS requirements and are less beneficial for employees. They are often used by companies that want to offer a benefit to employees but do not want to be bound by the IRS rules.
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Eligibility and Participation
To participate in an Employee Stock Purchase Plan (ESPP), you'll typically need to meet certain eligibility criteria. Full-time employees are usually eligible, while part-time employees, contractors, or temporary workers may not be eligible, depending on the company's specific plan rules.
Some companies require employees to have a certain length of service before they can participate in the ESPP, known as tenure. This can help ensure that the benefits of the ESPP are offered to committed employees who have demonstrated their loyalty to the company.
Eligibility to participate in an ESPP can also be tied to an employee's job position. For example, senior-level employees might have access to the ESPP, while entry-level employees might not.
Here are some common factors that determine eligibility for an ESPP:
- Employment Status: Full-time employees are usually eligible to participate.
- Tenure: Some companies require employees to have a certain length of service before they can participate.
- Job Position: Eligibility can be tied to the employee's job position.
It's worth noting that some employees may not be eligible to participate in an ESPP, such as those who own more than 5% of company stock or have not been employed with the company for a specified duration.
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Participating in an
Participating in an employee stock purchase plan is a great way to benefit from your employer's growth. With an ESPP, you can buy stock in your company at a discounted price, which can be up to 15% lower than the market price.
The discount rate depends on the specific plan, but it's a significant advantage. For example, if your company's stock is currently selling for $100, you might be able to buy it through the ESPP for $85.
To participate in an ESPP, you typically need to be hired by the company. The plan is offered as a benefit of employment, similar to access to a 401(k) plan for retirement savings.
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Eligibility
Eligibility for an Employee Stock Purchase Plan (ESPP) can be a bit complex, but it's essential to understand who's eligible to participate. Typically, employees who own more than 5% of company stock are not allowed to participate.
To be eligible, you usually need to be a full-time employee, as part-time employees, contractors, or temporary workers may not be eligible depending on the company's specific plan rules. Some companies require employees to have a certain length of service before they can participate in the ESPP.
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The eligibility criteria can vary across companies, but common factors include employment status, tenure, and job position. For example, senior-level employees might have access to the ESPP, while entry-level employees might not.
Here are some specific eligibility factors to consider:
- Employment Status: Full-time employees are usually eligible to participate in an ESPP.
- Tenure: Some companies require employees to have a certain length of service before they can participate in the ESPP.
- Job Position: In some cases, the eligibility to participate in an ESPP may be tied to the employee's job position.
Tax Implications
If you hold ESPP shares for at least one year after the purchase date and two years after the offering date, the sale is considered a qualified disposition and has a more favorable tax benefit.
The tax treatment of ESPP shares depends on how long you hold them before selling. You can either have a qualified or disqualified disposition.
A qualified disposition incurs ordinary income tax on the lesser of the two: the difference between the market value at the time of purchase and the actual purchase price, or the difference between the market value at the time of sale and the actual purchase price. Any additional profit is subject to long-term capital gains tax.
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A disqualified disposition incurs ordinary income tax on the difference between the market value at the time of purchase and the actual purchase price. Any further profit is subjected to capital gains tax, which typically has a lower tax rate.
Here's a summary of the tax implications:
Qualified
Qualified ESPPs are the most popular type of plan, and they must comply with certain criteria established by the Internal Revenue Service (IRS). They require shareholder approval before implementation, and all plan participants have equal rights in the plan.
The offering period of a qualified ESPP cannot exceed 27 months, and the discount on the stock price is capped at 15%. This is a crucial restriction, as it helps maintain fairness and consistency among all plan participants.
One of the key advantages of qualified ESPPs is the tax benefits they offer to employees. The discount received on the purchase of company stock is not taxable until the stock is sold.
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Taxes come into play when employees decide to sell, trade, or transfer their shares. The tax treatment depends on how long employees hold their shares. Here's a breakdown of the tax implications:
- Qualifying Disposition: If employees hold their shares for at least one year after the purchase date and two years after the offering date, they will incur ordinary income tax on the lesser of the two: the difference between the purchase price and the market value at the time of purchase, or the difference between the purchase price and the sale price.
- Disqualifying Disposition: If employees decide to sell their shares before the specified holding period, they are required to pay ordinary income tax on the difference between the market value of the shares at the time of purchase and the actual purchase price.
Income vs Capital Gains
Income vs Capital Gains is a crucial distinction when it comes to ESPPs. The tax treatment of ESPP shares depends on how long you hold them before selling.
If you sell stock purchased through your ESPP more than 12 months after you purchased it, any gain beyond the discount that you received through the plan is taxed as a capital gain. The discount is taxed as ordinary income.
Capital gains tax rates are generally lower than ordinary income tax rates, ranging from 0% to 20% depending on your income bracket. This can result in significant tax savings for employees.
Here's a breakdown of the tax implications:
In general, if you hold your ESPP shares for at least one year after the purchase date and two years after the offering date, you'll incur ordinary income tax on the lesser of the two: the difference between the market value of the shares at the time of purchase and the actual purchase price, or the profit made between the purchase price and the sale price.
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Tax Forms and Guides
To navigate the tax requirements on your ESPP, start by checking out our tax reporting and cost basis guide. This resource will walk you through the necessary documents to file in the United States.
You'll need to determine the cost basis on your stock plan transactions to file your taxes accurately. Our guide can help you with this process.
In the United States, you'll need to file specific documents as part of your ESPP tax requirements. Our tax reporting and cost basis guide will outline the necessary forms and procedures.
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Benefits and Advantages
Contributions to an Employee Stock Purchase Plan (ESPP) are exempt from FICA taxes, and employees don't owe income taxes when they buy the shares.
Employees can purchase stock at a discount, which can range from 10% to 15% depending on the plan's terms. This discount can save employees a significant amount of money in the long run.
An ESPP can be a simple and affordable way for companies to provide additional compensation to their employees without negatively impacting their cash flow.
Employees who participate in an ESPP tend to work longer hours, have less frequent absences, and stay at their jobs longer, according to a study conducted by Computershare and the London School of Economics.
Here are some of the key benefits of an ESPP:
- Tax advantages: Contributions are exempt from FICA taxes and employees don't owe income taxes when buying shares.
- Discount to purchase stock: Employees can buy stock at a 10% to 15% discount.
- Motivation to save: Employees are motivated to save through regular, automatic payroll deductions.
- Simple and affordable for companies: ESPPs are relatively simple to administer and maintain, and can provide additional compensation without negatively impacting cash flow.
- Motivational: Employees who participate in an ESPP tend to work longer hours, have less frequent absences, and stay at their jobs longer.
Plan vs Options
Employee stock purchase plans (ESPPs) and stock options are two popular employee benefits that can help you grow your wealth.
They may seem similar, but they are fundamentally different in how they work and in terms of benefits and tax implications.
Here's a key difference: ESPPs allow you to purchase company stock at a discounted price, while stock options give you the right to buy company stock at a specified price.
The benefits of an ESPP include tax advantages, as the discounted purchase price is taxed at a lower rate.
With stock options, the benefits are more tied to the company's performance and stock price.
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Benefits:
Benefits of Employee Stock Purchase Plans (ESPPs) are numerous and can be categorized into several areas.

For employees, ESPPs offer tax advantages, as contributions to the plan are exempt from FICA taxes, and employees don't owe income taxes when they buy the shares.
A discount to purchase stock is another benefit, with employees able to purchase stock at a 10% to 15% discount, depending on the terms of the plan.
This discount can be a significant perk, especially for employees who are already invested in the company's success.
Employees who participate in an ESPP tend to work longer hours, have less frequent absences, and stay at their jobs longer, making them a more valuable asset to the company.
The plan also motivates employees to save, as they fund the ESPP with regular, automatic payroll deductions.
For employers, ESPPs are relatively simple to administer and maintain, making them a hassle-free benefit to offer.
Companies can provide additional compensation for employees without negatively impacting cash flow, as ESPPs are an affordable option.
Here are some key benefits of ESPPs for employers:
- Simple administration and maintenance
- Affordable additional compensation
- Motivational for employees
- Tax advantages for companies offering a discount
ESPP Implications and Considerations
The tax treatment of ESPP shares depends on how long you hold them before selling, with qualified dispositions being more favorable than disqualified ones.
To qualify for a more favorable tax benefit, you must hold the shares for at least one year after the purchase date and two years after the grant date. This is a crucial consideration when deciding when to sell your ESPP shares.
The sale of ESPP shares within one year of the purchase date or within two years of the grant date is considered a disqualified disposition, which can lead to additional tax implications.
The tax implications of an ESPP vary depending on whether the shares are qualified or non-qualified and on how long the employees hold the shares before selling.
Here's a breakdown of the tax implications:
If you sell your ESPP shares within two years after the offering date or one year or less from the exercise date, any gains are considered additional compensation and taxed at ordinary income rates.
On the other hand, if you sell your ESPP shares at least two years after the offering date and at least one year after the exercise date, any profits are taxed at long-term capital gains rates.
For example, if you purchase ESPP shares for $5,000 and sell them for $6,000 after two years, you would have a long-term capital gain of $500 for the increase in the stock's value since you purchased it.
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Frequently Asked Questions
How do I avoid double tax on ESPP?
To avoid double taxation on an ESPP, accurately report both the discount as ordinary income and any additional gain as a capital gain on your tax return
How much should I deduct for ESPP?
Contribution rates for ESPP typically range from 10% to 20% of your gross salary. Consider your financial situation and goals to determine the best deduction amount for your ESPP
Sources
- https://www.investopedia.com/terms/e/espp.asp
- https://turbotax.intuit.com/tax-tips/investments-and-taxes/employee-stock-purchase-plans/L8NgMFpFX
- https://eac.schwab.com/equity101/espp
- https://www.qapita.com/us/blog/employee-stock-purchase-plans
- https://www.legalzoom.com/articles/what-is-an-employee-stock-purchase-plan
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