Tuesday, January 11, 2011

Employee Stock Purchase Plans (ESPP)

ESPP顾名思义就是公司offer 自己的股票to 员工at a discount price, knows as offer, or grant price.
员工在购买的时候,也就是大家知道的行权的时候,you donot owe any tax.
只有在出售的时候,需要根据三个要素分步骤计算tax liability:
1. the grant date
2. the exercise date
3. the profit make.
前两个要素将决定这个profit 是a Long term capital gain taxed at a lower rate, or a short capital gain which will be fully taxed.

A. Qualifying Disposition:
---at least 2 years after offering (grant date)
---at least 1 year after purchasing (exercise date)

report discount(discount* offering market price) as ESPP ordinary income at 1040 line 7
report profit of sale to Schedule D as LTCG.
=(sale at market price - cost at discount price - the discout taken at offering market price)

B. Disqualifying Disposition:
一般employer 会 report bargain element in your W-2 as ordinary income.

If less than 1 year of purchase
report bargain element (discount at purchasing price) included in W-2 as ordinary income
report profit of sale to Schedule D as STCG
= (sale at market price - cost at exercise market price)

If more than 1 year of purchase but less than 2 year of offering
same thing happen in first step but the profit will be reported in Schedule D as LTCG.

Please note ESPP will not subject to FICA and employer will not be required to withhold income tax for you. You pay tax based on your return.



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