#espp

  You don’t want to eat the same food every day right? You don’t want to wear the same shirt, shoes, socks, underwear (hope not), everyday right? You don’t want to want to watch the same episode of Seinfeld everyday right (even though I myself love “The Summer of George” and am smiling as I’m writing this)? Each one of these actions has negative effects.   Do you know what happens when you eat too much broccoli? None may be especially life-threatening, effects can include gas, irritable bowel (especially important for pregnant women), reduction of blood sugar levels (important for diabetic patients), and thyroid underperformance. Many sources say to make sure you include broccoli in your diet but in moderation.   They say variety is the spice of life. If you eat the exact same thing all the time, your body will be negatively affected. Just take a look at that guy who experimented with eating McDonald's for a month.   And if you invest in just one thing, your investments will be negatively affected.    

Inefficient Strategy - Lacked Diversification

  Admittedly I was severely under-diversified early in my investment career. One of my strategies was to simply find out when a company is about to announce its earnings, see if it’s expected to beat earnings per share based on market estimates and buy some shares a few days before. Then I would sell a few months later, usually with a small gain, but that gain would be reduced due to short-term capital gain tax.   Apart from being under-diversified in practically all sectors, it wasn’t an inefficient strategy, required too much monitoring, costs too much and, not sustainable for the long-term.   I also found myself in situations of missed opportunities. There were investments out there that would allow me to diversify at a low price, but I was over-concentrated in certain investments and was not in a favorable position to sell. But that’s a different story for another time.    

So Easy To Diversify

  You really can diversify by just buying into a fund. For example, if you want to diversify into the S&P 500, the Vanguard Total Stock Market ETF – VTI may be an option.   Years ago, investors needed lots of money to buy different types of stocks and bonds to be properly diversified into the market. And not too long ago, there were investments minimums (i.e., $5,000 or $10,000) to get into a mutual fund.   But with an ETF, there is no minimum. We are all able to enjoy the benefits of diversification – one of which is the ability to sleep better at night.  :-)   Even when you are nearing retirement, it’s important to maintain diversification and balance. You don’t want your investments to be so conservative that they are not beating inflation. Otherwise, you may run the risk of not having enough during your retirement years.   A balanced fund could be an option. For example, the iShares Core Moderate Allocation ETF was noted by U.S. News as one of the Best ETFs in the 30% to 50% Equity Allocation. Per its website, it has a fair balance of Fixed Income and Equity Assets:  

    When you drill down a bit more, the iShares Core Moderate Allocation ETF diversified into the international sector as well so it’s got that covered too (the 3rd fund in the list – IDEV):  

  So Dangerous When You Don’t Diversify

  To make it plain and simple, the dangers of diversifying include, but are not limited to the following:   Retirement Income Risk: You’re nearing or are in retirement and don’t have any money invested in bonds. The stock market has tanked and you have suffered major unrealized losses in equities. You could have avoided this by diversifying into bonds and continuing to manage your allocation so you could enjoy the comfort of a steady income stream and lock in gains from equities when their valuations were high.   Industry Risk: Your money is tied up in one industry (e.g., financial sector). And when the technology sector starts its rapid rise, you are unable to seize that opportunity because your holdings in the financial sector are in a position that if you sell, you will suffer a great loss.   Loyalty Risk: You’ve contributed and therefore invested a significant amount of money in your organizaion’s employee stock purchase program (ESPP). Your organization is suffering major losses in revenue, resulting in layoffs and ultimately significant reduction in its stock price. You could diversify by investing only some money in your organization’s ESPP and most of your paycheck contribution towards a diversified ETF.    

Learn To Diversify From The Best

  Here are the top 5 positions in Warren Buffett’s portfolio:

  As you can see, they are all established comapnes and of different sectors. We have in his list of top five companies, which represents almost 65% of his entire portfolio the sectors of Technology, Financial Services, and Consumer Staples.  Many of us have heard the positive things he has said about Coca-Cola. This just proves that he is not concentrated on a single stock and maintains a diversified portfolio.   To make sure he continues to be diversified, Mr. Buffett has mentioned that he would like his wealth to be moved into Vanguard’s low-cost index funds for his wife after his passing.   You’ve probably heard the metaphor that diversifying means not putting all of you eggs in one basket. Your eggs are your money and the basket is an investment. Your eggs are not all of the same sizes. That is, you don’t want $500 each in 5 different sectors.  Instead, take your various egg sizes (e.g., Medium, Large, Extra-Large, Jumbo) and decide which baskets you want to invest in to give yourself diversity and protection against losses.   Please note that diversification itself does not guarantee against losses. But oh boy, it does it help you a lot to avoid losses!     Join The Discussion: How well are you diversified? Is there any area you need to balance off? How often do you rebalance your assets to ensure proper diversification? Have you suffered losses in the past due to lack of diversification?     Disclaimer: Please note the funds mentioned are for example purposes only. I do not support nor oppose them in any way. Please make sure you perform due diligence and consult with an investment advisor before making investment decisions.   _________________________________________________________________________

A discussion on the future of particle physics is underway. When is it not, you might ask? And it is a good question, there is always something like this going on (hence the “part 94” in the title, which is a bit of a Private Eye in-joke). But this is a moment when the intensity of the discussion is rising. Detail from from “A Map of the Invisible“ Continue reading The future of particle…

Employee Stock Purchase Plans (ESPPs) are a popular benefit offered by many companies, allowing employees to purchase company stock at a discount. While ESPPs can be a great way to invest in your company's growth, understanding the tax implications is essential to maximize their benefits. In this blog, we'll break down how ESPPs work and the key tax considerations you need to know.

What Are Employee Stock Purchase Plans (ESPPs)?

An ESPP is a company-run program that allows employees to purchase company stock at a discount, often up to 15%. Employees can contribute to the plan through payroll deductions over a specified offering period, which usually lasts between 3 to 27 months. At the end of the offering period, the accumulated contributions are used to buy shares, typically at a discount from the stock's market price on either the first or last day of the offering period, whichever is lower.

Types of ESPPs: Qualified vs. Non-Qualified

There are two main types of ESPPs: Qualified (also known as Section 423 plans) and Non-Qualified plans. The tax treatment of your ESPP depends on which type you have.

Qualified ESPPs: These plans comply with the requirements of Section 423 of the Internal Revenue Code, offering favorable tax treatment. To qualify, the plan must be offered to all employees equally and meet specific criteria set by the IRS.

Non-Qualified ESPPs: These plans do not meet Section 423 requirements and are subject to different tax rules, generally resulting in less favorable tax treatment.

Taxation of Qualified ESPPs

The taxation of Qualified ESPPs occurs in two stages: when you sell the shares and whether the sale is a qualifying or disqualifying disposition.

Qualifying Disposition: This occurs if you sell the shares at least one year after the purchase date and two years after the offering date. The tax benefits include:

Ordinary Income: The discount you received on the purchase price is taxed as ordinary income. This amount is the lesser of:

The discount based on the stock price at the beginning of the offering period, or

The actual gain on the sale.

Capital Gains: Any additional gain beyond the ordinary income portion is taxed as a long-term capital gain.

Example: Suppose the stock price at the beginning of the offering period was $20, you purchased shares at $17 (15% discount), and sold them for $30 more than two years later. The $3 discount ($20 - $17) is taxed as ordinary income, and the $10 gain ($30 - $20) is taxed as a long-term capital gain.

Disqualifying Disposition: This occurs if you sell the shares within one year of the purchase date or within two years of the offering date. The tax implications include:

Ordinary Income: The entire discount based on the stock price at the purchase date is taxed as ordinary income.

Capital Gains: Any gain beyond the ordinary income portion is taxed as a short-term or long-term capital gain, depending on how long you've held the shares since the purchase date.

Example: Using the same numbers as above, if you sold the shares within one year of purchase, the $13 gain ($30 - $17) is taxed as ordinary income, and any additional gain is taxed as a capital gain.

Taxation of Non-Qualified ESPPs

For Non-Qualified ESPPs, the discount you receive is considered compensation and is taxed as ordinary income at the time of purchase. Any additional gain or loss upon the sale of the shares is treated as a capital gain or loss.

Key Considerations and Strategies

Understand the Offering Period: Knowing the specifics of your offering period and purchase dates can help you plan your sales to qualify for favorable tax treatment.

Plan Your Sales: If possible, aim to hold your shares for the required period to benefit from qualifying disposition tax treatment.

Track Your Basis: Keep detailed records of your purchase prices, discounts, and dates to accurately calculate your tax liability when you sell the shares.

Consult a Tax Professional: Given the complexities of ESPP taxation, consulting with a tax advisor can help you navigate the rules and optimize your tax outcomes.

Conclusion

An ESPP (Employee Stock Purchase Plan) that qualifies under Sections 421 and 423 of the Internal Revenue Code (the “Code”) enables participating employees to purchase their employer’s stock at a discount from the fair market value through deductions from their paycheck.

Participation in the ESPP is voluntary. An employee can participate in the company’s ESPP by enrolling in the Stock Purchase Plan. During the enrollment period, employees can specify their contributions which generally range from 1-15%. Contributions are made through employees’ payroll withholding and the contribution amounts are determined by multiplying eligible compensation by the elected contribution percentage elected during the enrollment period.

KEY TERMS ASSOCIATED WITH ESPP:

Offering period: Most ESPP plans consist of an offering period, also called the purchase period. During this period, after-tax contributions are collected and accumulated through the end of the purchase period and used to buy employer’s stocks. For administrative purposes it is usually better for the company to purchase shares at the end of the period rather than purchasing it several times during the period. Prior to the start of the offering period, eligible employees must indicate if they are going to participate in the plan.

Employees remain enrolled for future offering periods until they withdraw from the ESPP or are no longer an employee.

Built-in-discount and Lookback provision: Most ESPP plans, depending upon the company’s discretion, have a built in discount which ranges from 10% to 15%. This creates an instant gain for all participants when they purchase stock.

The lookback provision is used to set the purchase price of the stock. It compares the share price at the beginning of the offering period to the closing price and uses the lower price to calculate the purchase price.

ESPP Contribution Limits: The IRS limits the purchase of stock in a tax-qualified Section 423 ESPP to $25,000 per calendar year.

Each ESPP plan is unique and its always best to consult plan documents for details since the eligibility for the ESPP and the specific terms and conditions of the plan can vary depending on the individual employee's situation and location. Investment in ESPP is similar to an investment in stocks so it suffers from stock market volatility.

About The Author

Arushi Bhandari is an MBA and a licensed CPA in the state of California. She has helped several Silicon Valley startups at different stages with their accounting, going public and tax related issues. Her publications eBooks - STARTUP Financing, Equity and Tax and Introduction to Equity Compensation are available on Apple iBookstore, Amazon Kindle and Google Play. She maintains a public blog at www.startuptaxaccounting.com and has guest blogged at different startup platforms such as The Startup Garage and Belmont Acquisitions.