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Does Wash Sale apply to ESPP holdings?

 

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Subject Author Date
Does Wash Sale apply to ESPP holdings? deja_bhoot2000 04-25-2006
Posted by deja_bhoot2000 on April 25, 2006, 7:49 am
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My wife has participated in her employer's Employee Stock
Purchase Plan (ESPP). The company is a publically traded
company, and the discount offered is 15%.

Recently, she sold some of the stocks from her ESPP
holdings. The acquisition date of these holdings varied from
5 years ago to 6 months ago. Overall, there was a small
amount of loss (3K), and about $1500 of compensation income
(bargain element on the disqualifying disposition portion).
We do not hold this stock in any other investment vehicle.

She continues to participate in the ESPP, and early next
week, she will get some more stocks in the plan (using the
contributions from the previous six months). This purchase
would be only about 15 days after the sale date.

So, does this make our previous sale a wash sale? If so,
how do I handle it? Does this mean that ESPP sales (at a
loss) can only be done in the middle 4 months of the 6 month
period? (since there is a purchase once every 6 months).

Bhoot

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Posted by joetaxpayer on April 27, 2006, 12:09 am
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deja_bhoot2000@yahoo.com wrote:

> My wife has participated in her employer's Employee Stock
> Purchase Plan (ESPP). The company is a publically traded
> company, and the discount offered is 15%.
>
> Recently, she sold some of the stocks from her ESPP
> holdings. The acquisition date of these holdings varied from
> 5 years ago to 6 months ago. Overall, there was a small
> amount of loss (3K), and about $1500 of compensation income
> (bargain element on the disqualifying disposition portion).
> We do not hold this stock in any other investment vehicle.
>
> She continues to participate in the ESPP, and early next
> week, she will get some more stocks in the plan (using the
> contributions from the previous six months). This purchase
> would be only about 15 days after the sale date.
>
> So, does this make our previous sale a wash sale? If so,
> how do I handle it? Does this mean that ESPP sales (at a
> loss) can only be done in the middle 4 months of the 6 month
> period? (since there is a purchase once every 6 months).

You got it right. ESPP sales at a loss need to be timed to
avoid the wash sale. She should have sold 31 days before the
new purchase or 31 days after. The disqualified loss is
added to the basis of the replacement shares.

JOE

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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