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To qualify, ESPPs generally have to be available to all full-time employees with a certain amount of time vested in the job. Participants may need to hold their shares for at least one year after the purchase date and two years after the grant date to take advantage of the long-term capital gains rate.
You will continue to own stock purchased for you during your employment, but your eligibility for participation in the plan ends. Any funds withheld from your salary but not used to purchase shares before the end of your employment will be returned to you, normally without interest, within a reasonable period.
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.
Q. When may I sell my stock in an ESPP? A. Employees can generally sell shares purchased through the employee stock purchase plan at any time.
Section 423(a) provides that section 421 applies to the transfer of stock to an individual pursuant to the exercise of an option granted under an employee stock purchase plan if: (i) No disposition of the stock is made within two years from the date of grant of the option or within one year from the date of transfer of ...
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 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.
Section 423 of the Code permits a plan to exclude employees who have been employed for less than two years or who are employed for less than 20 hours per week or five months per year. Also, owners of 5% or more of the common stock of a company by statute are not permitted to participate.
THE INTERPUBLIC GROUP OF COMPANIES, INC. The purpose of the Plan is to provide employees an opportunity to purchase shares of IPG stock through offerings to be made from time to time during the ten-year period commencing January 1, 2016. 10,000,000 shares in the aggregate were reserved for this purpose.
With qualified Section 423 employee stock purchase plans, you are not taxed at the time the shares are purchased, only when you sell. Depending on whether the shares were held for the required holding period, a portion of your gain may be taxed as capital gains or as ordinary income.