Employee Stock Plan Taxes and Tax Filing: Understanding Taxes on Stock Plans | Fidelity (2024)

FAQs

How does an employee stock purchase plan affect taxes? ›

When you buy stock under an employee stock purchase plan (ESPP), the income isn't taxable at the time you buy it. You'll recognize the income and pay tax on it when you sell the stock. When you sell the stock, the income can be either ordinary or capital gain.

You have taxable income or deductible loss when you sell the stock you bought by exercising the option. You generally treat this amount as a capital gain or loss. However, if you don't meet special holding period requirements, you'll have to treat income from the sale as ordinary income.

Form W-2. Any compensation income received from your employer in the current year is included on Form W-2 in Box 1. If you sold any stock units to cover taxes, this information is included on Form W-2 as well. Review Boxes 12 and 14 as they list any income on Form W-2 related to your employee stock options.

Form W-2 Your W-2 includes the taxable income from your ESPP. This form is provided by your employer. Form 3922 Form 3922 has details about your ESPP purchase that will help you report the income from your sales of ESPP stock. This form is provided by your employer.

This compensation is not deducted from the sales proceeds on the Form 1099-B you get from your broker. Unless you make an adjustment when filing your taxes, you will pay tax twice on the compensation.

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.

They can only report the unadjusted basis, or what the employee paid for the stock. To avoid double taxation, the employee must make an adjustment on Form 8949. Warning: Do not use the box labeled “1g Adjustments” on Form 1099-B to make this adjustment; that is for something else entirely.

ESOP distributions are taxed as ordinary income, but if you receive a lump-sum distribution in the form of stock, you'll generally pay ordinary income tax on the value of your employer's contributions to the plan, plus capital gains tax on the appreciation in stock value when the stock is sold.

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.

You may have to report compensation on line 1a of Form 1040, U.S. Individual Income Tax Return or Form 1040-SR, U.S. Tax Return for Seniors and capital gain or loss on Schedule D (Form 1040), Capital Gains and Losses and Form 8949, Sales and Other Dispositions of Capital Assets when you sell the stock.

What happens if you don't report stocks on taxes? ›

If you don't report the cost basis, the IRS just assumes that the basis is $0 and so the stock's sale proceeds are fully taxable, maybe even at a higher short-term rate. The IRS may think you owe thousands or even tens of thousands more in taxes and wonder why you haven't paid up.

Form 8949 is filled out first. You report every sale of stock during the year, identifying the stock, the date you bought it, the date you sold it, and how much you gained or lost. Note that you have to list long-term and short-term assets separately.

In general, you will be taxed on any stock you purchase through an ESPP during the year you sell it. It can be counted either as taxable income or as a deductible loss. The difference between what you paid for the stock and what you received when you sell it is considered a capital gain or loss.

RSUs are typically taxed at two points in time. At vest, your RSUs are treated as wages and get taxed as ordinary income. At sale, your RSUs are taxed as capital gains or treated as capital losses. Since RSUs are taxed at vest, it doesn't matter what the RSUs were worth when they were first granted.

If you sold restricted stock units (RSUs) or shares from your employee stock purchase plan (ESPP), these are reported on Form 1099-B. To report the sale of shares, you'll enter or import your Form 1099-B into TurboTax, then manually enter the cost basis.

ESOP distributions are taxed as ordinary income, but if you receive a lump-sum distribution in the form of stock, you'll generally pay ordinary income tax on the value of your employer's contributions to the plan, plus capital gains tax on the appreciation in stock value when the stock is sold.

Cons of ESPP for employees

If you're offered a qualified ESPP, the tax implications could be complicated as there are two classifications of sales for qualified ESPPs: qualifying and disqualifying dispositions. Returns are not guaranteed and the share price may fall as well as increase.

Distributions before age 59-½ or for death, termination after age 55, or disability are subject to a 10% penalty tax. Employees can roll distributions over into a traditional IRA or another qualified retirement plan to defer taxation until the funds are withdrawn according to regulations.

An ESPP can be a surprisingly powerful benefit. If you have access to one, it's worth your time to research your plan and consider enrolling. ESPPs can potentially generate a return in 3 ways: with a discount, with a lookback provision, and through the performance of the underlying company stock.