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ESOPs allocate shares to each eligible employee every year, giving employees an increasing ownership stake as they gain seniority. The ESOP plan distributes these shares to employees to fund their retirement.
After the vesting period, an ex-employee can sell the ESOP shares at any time. Employees who don't complete the vesting period cannot benefit from the ESOP.
For example, you might sell a portion of your stock to an ESOP and use the proceeds to provide for children outside the business, and give the remaining stock to children in the business. Ideally, gifted stock would be sufficient to keep control of the business in the family.
Hence, you cannot transfer the ESOPS to any other person. The shares allotted to an employee under an ESOP are considered as a capital asset and any gain on the sale of such shares would attract capital gain tax. Here's a read on ESOPs Taxation on Sale of Shares.
Typically, only one of two actions occur when an ESOP is sold: The sale triggers an ESOP termination. If this occurs, all participants become immediately vested and receive their full ESOP distribution based on current market value. They can opt for a lump sum payout or roll the funds into a 401(k) account.
Contributions may include new shares of stock, company cash to buy existing shares or borrowed money to buy stock. If you borrow from an ESOP, both principal and interest paid back are deductible.
ESOPs are typically subject to vesting schedules, which determine when options become exercisable. For example, options may vest over a period of four years, with 25% vesting each year. In this case, if an employee quits after two years, they will only be able to exercise 50% of their options.