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Employee Stock Purchase Plan: Qualified or Non-qualified Now, we can have a look at the key difference between the two types. An ESPP qualified plan is designed and operates ing to Internal Revenue Section (IRS) 423 regulations, whereas a non-qualified ESPP does not meet those criteria.
Can I Sell ESPP Stock Right Away? Yes, you can sell stock purchased through your ESPP plan immediately if you want to guarantee that you profit from your discount. Otherwise, the value of the stock may go up, which increases your profit, or it may go down, causing you to lose money.
Under a § 423 employee stock purchase plan, you have taxable income or a deductible loss when you sell the stock. Your income or loss is the difference between the amount you paid for the stock (the purchase price) and the amount you receive when you sell it.
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.
ESPP Eligibility Cannot participate in an ESPP if an employee owns more than 5% of the company's stock. Must be employed with the company for a specific period of time. (e.g., 1 to 2 years). ESPPs are a benefit.
An ESPP must be approved by the stockholders of the sponsoring corporation within the period commencing 12 months before and ending 12 months after the ESPP is adopted by the sponsoring corporation's board of directors.