Wyoming Management Stock Purchase Plan

State:
Multi-State
Control #:
US-CC-19-223D
Format:
Word; 
Rich Text
Instant download

Description

19-223D 19-223D . . . Management Stock Purchase Plan under which Executive Compensation Committee can grant options to key employees (including officers) at prices equal to 60% of market value. Payment is made by delivery of five full recourse interest-bearing serial promissory notes, each for 20% of total purchase price, which mature on five succeeding anniversary dates of date of grant. Committee may forgive any payment of interest or principal on promissory notes if employee is then still employed by Company, has died, or become disabled or retired
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FAQ

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.

An employee stock purchase plan (or ESPP) can be a very valuable benefit. In general, if your employer offers an ESPP, we think you should participate at the level you can comfortably afford and then sell the shares as soon as you can.

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.

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.

How does a withdrawal work in an ESPP? With most employee stock purchase plans, you can withdraw from your plan at any time before the purchase. Withdrawals are made on Fidelity.com or through a representative. However, you should refer to your plan documents to determine your plan's rules governing withdrawals.

How is the $25,000 limit calculated? The basic rule is that each employee cannot purchase more than $25,000 per year, valued using the fair market value on the date he/she enrolled in the current offering.

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.

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.

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Wyoming Management Stock Purchase Plan