Massachusetts Amended and Restated Employee Stock Purchase Plan

State:
Multi-State
Control #:
US-CC-19-179
Format:
Word; 
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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

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FAQ

If your company offers a tax-qualified ESPP and you decide to participate, the IRS will only allow you to purchase a maximum of $25,000 worth of stock in a calendar year. Any contributions that exceed this amount are refunded back to you by your company.

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 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 trading, a lookback period is the number of periods of historical data used for observation and calculation. It is how far into the past a system looks when trying to calculate the variable under review.

The final purchase coincides with the end of the offering period. For each 6-month purchase period, the company will collect contributions to the ESPP. At the end of the six months, contributions will be used to purchase shares of stock on the purchase date (or exercise date).

They can only report the unadjusted basis ? what the employee actually paid. To avoid double taxation, the employee must use Form 8949. The information needed to make this adjustment will probably be in supplemental materials that come with your 1099-B.

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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Massachusetts Amended and Restated Employee Stock Purchase Plan