ESPP Taxed Twice?

This question is regarding being taxed twice under an employee stock purchase plan. The company allows us to buy a set amount of stock at a discounted price, in this case $30.81 x 164 shares. That brings the purchase price to $5052 and the proceeds from the sale showing on the

1099-B are $7391. But when I purchased the stock, I then had been taxed on the difference between the market price the day I paid for it ($45), amounting to payroll deductions over $800 . I then sold it for the near the same price ($45).

The way my taxes have been filed the past 8 years on my Capital Gains and Losses form is by putting the first amount ($5052) the price I actually paid for the stock in the cost basis column. Thus showing that I made close to $2400 on the sale of the stock.

My question is, why did I get taxed initially from the company through payroll deduction for the $800 on the total taxable income amount (Market value at the time I bought it - purchase price= $2400), and then had this added to my total earnings for the year, thus getting taxed once again. From the statement on the company tax info I was sent after buying the stock (below) it says it will already by added into my yearly earnings, known as a w-2. So, it should already be in there, not added again.

This was on the paperwork I received from the company (my comments are in parenthesis):

The difference between the sale price under the ESPP ($30.81) and the market price when elected to receive is subject to additional compensation to the employee and subject to income and SS taxes. The difference between the exact market value (either $45.56 the market price the day I purchased it from the company, or the $45.0725, the price I sold it for through a broker, both similar but I assume the first because payroll wouldn't know what I sold it for), will be included on your final statement of income and final tax withheld at the end of the year, known as your W-2, which will be delivered to you at the end of the year.

My co-worker's CPA has been filing her stock purchase capital gain/ loss form as the price it was when you bought it (market value in my case, $45 X 164) and was already taxed on, in the cost basis column, the price she sold it for in the "sold it for" column. In my case, it actually came to a loss of $80. But it was filed as a gain of $2400, as if I never paid any taxes on it at all?

Who is right? I am lost. I need help please!!!

Reply to
MichiganMan
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That's wrong. The cost basis is the amount you paid, plus the amount you paid Income Tax on (the discount).

Consider: you paid $30/share when the price was $45. What really happened was that your company paid you a $15 bonus, and you paid $45 for the stock. That's why you paid Income Tax on the $15.

That's right; you might not even have sold it. The discount is still income.

Your co-worker's CPA is right.

Seth

Reply to
Seth

ESPP plans are statutory stock options. As such, there is no income element at the time the option is exercised. There is only an income element when the shares are sold. This person appears to be selling on the date of purchase. That is a disqualifying disposition that creates compensation income equal to the difference between FMV on the date of purchase and the price paid.

If you want to read a terrific explanation on how you handle ESPP stock, see:

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Reply to
Alan

Thank you so much for the response.

Another question...I filed for an extention till March 6th so I could get the paperwork around for this 2007 audit. Is it possible to send in my 2008 for a tax refund while this audit is pending? The reason I ask is, the IRS instructions said it could take over 8 weeks to respond to my paperwork. That will leave me over the April 15th mark.

Thank you again for your help!

Reply to
MichiganMan

One should always file a timely tax return. If you are going to owe taxes for 2008, you should file timely or make a payment with your 2008 extension (Form 4868) to file.

Reply to
Alan

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