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The most notable difference between an ESOP vs ESPP is in how the employee receives the stock and when they can sell the stock. ESOPs provide the stock or shares at no cost to employees. ESPPs require participants to contribute funds to purchase shares of stock, though at a discounted rate.
Examples of the ESOP Distribution Rules Retirement, death, or disability ? You retire in 2023 after turning 65. Distributions must begin the following year in 2024. Other terminations (non-leveraged) ? You leave the company in 2023 at age 30. Distributions can be delayed until 2029 (six years later).
Defer Taxes One, the ESOP must own at least 30% of most outstanding shares. Two, as the seller you must roll over money equal to the sale proceeds into certain securities, such as stocks and bonds from U.S. companies. The rollover must occur between three and 12 months after selling ESOP stock.
Each eligible ESOP participant (?Eligible Participant?) must be provided the opportunity to diversify up to 25% of his or her company stock account each year over a five year period, then increasing to 50% during the sixth and final year.
ESOP rules set a limit of 25% of salary as the maximum amount that can be contributed to a participant's account annually, though most companies contribute between 6-10% of salary annually. The 25% is a combined limit that includes ESOPs, 401(k)s, profit sharing, and stock bonus plans offered by the company.
How Do You Start an ESOP? To set up an ESOP, you'll have to establish a trust to buy your stock. Then, each year you'll make tax-deductible contributions of company shares, cash for the ESOP to buy company shares, or both. The ESOP trust will own the stock and allocate shares to individual employee's accounts.
The rule of thumb is to create a 10% ESOP pool, and most Startups use this pool over two to four years. Suppose you are among the top five to six early hires in the company, and you are offered 0.5% equity through ESOPs. In that case, you can negotiate for 1% equity as fair compensation.