Delaware Amended and Restated Employee Stock Purchase Plan

State:
Multi-State
Control #:
US-CC-19-179
Format:
Word; 
Rich Text
Instant download

Description

19-179 19-179 . . . Employee Stock Purchase Plan under which each employee of corporation and its wholly-owned direct or indirect, domestic and foreign subsidiaries that have authorized participation in Plan (Participating Company) can contribute up to 15% of earnings through payroll deductions and Participating Company contributes a cash amount equal to 5% of participant's payroll deductions for first year of participation, additional 7% for second year, additional 10% for third year, additional 13% for fourth year and additional 15% for fifth year. Custodian of plan purchases shares of common stock on open market or from corporation at current market prices, using payroll deductions and applicable matching Company contributions
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  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan

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FAQ

In this situation, you sell your ESPP shares more than one year after purchasing them, but less than two years after the offering date. This is a disqualifying disposition because you sold the stock less than two years after the offering (grant) date.

Taxes on your ESPP transaction will depend on whether the sale is a qualifying disposition or not. The sale will be considered a qualifying disposition if it meets both of these criteria: You held the stocks for at least one year from the PURCHASE date. You held the stocks for at least two years from the OFFERING date.

A: Yes. You may withdraw from the ESPP by notifying Fidelity and completing a withdrawal election. When you withdraw, all of the contributions accumulated in your account will be returned to you as soon as administratively possible and you will not be able to make any further contributions during that offering period.

If you leave or terminate from the company, you will cease to participate in the ESPP and your contributions will be refunded as soon as administratively possible.

To get a favorable tax treatment, you have to hold the shares purchased under a Section 423 plan at least one year after the purchase date, and two years after the grant date. Q. How am I taxed in my ESPP? A.

ESPP lookback allows you to buy shares at a lower price point. An ESPP lookback allows you to purchase the share price of either A: the enrollment date (1 Jan) or B: the purchase date (30 Jun), whichever is lower.

Qualifying disposition: You sold the stock at least two years after the offering (grant date) and at least one year after the exercise (purchase date). If so, a portion of the profit (the ?bargain element?) is considered compensation income (taxed at regular rates) on your Form 1040.

In an ESPP with a reset feature, the look-back purchase price will "reset" if the stock price at a future purchase date is lower than the stock price on the first day of the offering period. On the date that a reset feature is triggered, the terms of the award have been modified.

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Delaware Amended and Restated Employee Stock Purchase Plan