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Brooklyn Knight

ESPP sales after leaving a company, will I receive W2 from the previous company?

I've been participating in my former employer's ESPP (Employee Stock Purchase Plan) where I got shares at a discount. While working there, I understand the discount portion was reported as ordinary income on my W-2. I recently left the company about 3 months ago and just sold some of those ESPP shares since I needed the cash for a down payment. Now I'm worried about the tax implications. Will my previous employer still issue me a W-2 for this tax year showing the income from these stock sales? Or should I expect some different tax form? I'm really confused about how to handle this on my 2025 taxes. Also, I'm not sure how to determine which portion of the sale is considered ordinary income versus the adjusted capital gain. Is there an easy way to figure this out? Any help would be greatly appreciated! I don't want to mess up my taxes next year.

The good news is that you won't receive a W-2 from your former employer for selling ESPP shares after leaving the company. When you sell ESPP shares, you'll receive a Form 1099-B from the brokerage where you held the shares, not a W-2 from your former employer. Here's how to understand the tax breakdown: When you originally purchased the ESPP shares, any discount you received was already reported as ordinary income on your W-2 for that year (when you were still employed). That discount amount gets added to what you paid for the shares to establish your "cost basis." When you sell the shares, you'll have a capital gain or loss based on the difference between your selling price and your cost basis. If you held the shares for more than a year after purchase, it's a long-term capital gain; if less than a year, it's short-term capital gain (taxed at your ordinary income rate).

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Thanks for the explanation. But how do I figure out my cost basis if I don't remember exactly what the discount was? Will the 1099-B from my brokerage account show my cost basis correctly, or do I need to dig up old W-2s to figure this out? And what about the "qualifying disposition" vs "non-qualifying disposition" thing I've heard about with ESPPs?

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The 1099-B from your brokerage might show your cost basis, but sometimes brokerages don't include the discount amount properly in the cost basis. It's good practice to check your last W-2 from your former employer or your purchase confirmation statements to verify the discount you received. Regarding qualifying vs. non-qualifying dispositions, that's an important distinction. A qualifying disposition requires holding the shares at least 1 year from purchase date AND 2 years from the offering date. With a qualifying disposition, only the original discount is taxed as ordinary income (which was already on your W-2), and everything else is capital gain. With a non-qualifying disposition, the actual discount between purchase price and fair market value on purchase date is treated as ordinary income in the year of sale (reported on Form 3922, not a W-2).

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After dealing with a similar ESPP situation last year, I found https://taxr.ai incredibly helpful. I was confused about figuring out which portion of my stock sales were ordinary income vs. capital gains, especially since I had multiple purchase periods with different discount rates. I uploaded my old ESPP statements and previous W-2s to taxr.ai, and the service analyzed everything and broke down exactly what portions were already taxed as ordinary income and what would be capital gains. It also explained the qualifying vs. non-qualifying disposition rules that applied to my specific situation. Saved me from making a costly mistake on my taxes!

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How exactly does taxr.ai work? Do you just upload documents and it figures everything out? I've got ESPP shares from two different employers and I'm totally lost on how to handle them for next year's taxes.

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Did you find that the information from taxr.ai matched what your brokerage was reporting? My broker seems to have completely messed up the cost basis on my ESPP shares and I'm worried about getting hit with a higher tax bill than I actually owe.

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You upload your tax documents like W-2s, 1099s, and your ESPP statements, and their AI analyzes all of it to identify the tax implications. It's actually pretty straightforward - just took me about 10 minutes to upload everything, and then I got a comprehensive breakdown of my specific situation. What was most helpful was that it identified where my brokerage's 1099-B had the wrong cost basis (which is super common with ESPP shares) and showed me exactly what numbers to use instead. The tool also gave me specific instructions for how to report everything correctly on my tax forms.

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Just wanted to follow up and say I tried taxr.ai after seeing it mentioned here. Total game changer for my ESPP nightmare! I had shares from two companies with different purchase dates and discount percentages, and the service sorted it all out perfectly. It showed me that my brokerage had been reporting an incorrect cost basis all along, which would have resulted in me overpaying taxes by nearly $1,300. The system explained everything in plain English - which sales were qualifying vs non-qualifying dispositions and exactly what to report where on my tax forms. It even created a document I can keep with my tax records explaining all the calculations in case of an audit. Super glad I found this before filing next year!

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If you're trying to get clarification directly from your former employer or the IRS about your ESPP tax situation, good luck getting through to anyone! I spent weeks trying to reach someone at my old company's stock admin department and then the IRS for guidance on my ESPP sales. After wasting hours on hold, I tried https://claimyr.com and was shocked at how well it worked. They got me connected to an actual IRS agent in about 15 minutes when I had been trying for days on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed exactly how to handle reporting my ESPP sales and explained the documentation I needed to keep to support my cost basis calculations. Much better than the generic answers I was finding online.

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How does this service actually work? Seems fishy that they can get you through to IRS agents when no one else can. Do they have some special connection or something?

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Yeah right. There's no way this actually works. I've tried calling the IRS multiple times and it's impossible to get through. What's the catch? They probably just redirect you to some third-party "tax expert" who isn't even with the IRS.

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The service works by using technology to navigate the IRS phone system and wait on hold for you. When they reach a real IRS agent, they call you and connect you directly to that agent. There's no special connection - they're just automating the hold process so you don't have to do it yourself. No redirects or third-party experts - you speak with actual IRS employees. I was skeptical too, but it really does connect you directly to the IRS. The service just handles the frustrating part of waiting on hold. In my case, I needed specific guidance on how Form 3922 related to my ESPP sales, and the IRS agent walked me through the whole process.

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Coming back to admit I was totally wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway since I was desperate for answers about my ESPP tax situation. I couldn't believe it when they called me back in about 20 minutes with an actual IRS agent on the line. The agent walked me through exactly how to handle my complicated ESPP sales - including shares I sold after leaving my company and others I'm still holding. She confirmed that my brokerage was reporting an incorrect cost basis (as many do with ESPP shares) and explained exactly how to correct it on my tax return. This saved me hours of frustration and potentially a lot of money. If you're trying to get specialized tax help from the IRS, especially for something complicated like ESPP sales, this service is absolutely worth it.

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Here's something nobody mentioned yet - check if your company provided Form 3922 when you originally purchased the ESPP shares. This form shows the FMV on grant date, purchase date, and the actual purchase price, which helps calculate your correct cost basis. Your former employer should have provided this, and you can request it if you don't have it. Also, your brokerage might have a special ESPP section in your online account that shows the breakdown of ordinary income vs. capital gains for each lot of shares. Mine does this and it's super helpful - check your broker's tax reporting section!

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I completely forgot about Form 3922! I'll definitely check if I received that. Do you know if there's a deadline for employers to issue that form? I participated in the ESPP for about 3 years, so I should have multiple forms.

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Form 3922 should be provided by January 31 of the year following your ESPP purchase. So for purchases made in 2024, you should have received the form by January 31, 2025. If you participated for 3 years, you should have a form for each purchase period (usually companies have 2 purchase periods per year). If you can't find your forms, definitely contact your former employer's stock administration department or HR. They're legally required to provide these forms and should be able to send you copies. The information on these forms is essential for determining your correct cost basis and avoiding potential tax issues down the road.

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Has anyone used TurboTax for handling ESPP sales? I've got a similar situation and wondering if the software can handle the complexities or if I should just hire a tax professional this year?

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I used TurboTax last year for my ESPP sales and it worked pretty well. There's a section specifically for employee stock plans. BUT, and this is important, you need to know your correct cost basis information before entering it. TurboTax won't calculate that for you - it just uses whatever you enter or import from your 1099-B (which is often wrong for ESPP).

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One more thing to consider - if you sold your ESPP shares within 2 years of the offering date (the start of the offering period), you might need to report additional ordinary income on your tax return that won't be on any W-2 or 1099. This trips up a lot of people. Keep good records of your ESPP purchase prices, FMVs on purchase dates, and offering dates to make sure you're calculating everything correctly!

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This gets so complicated! No wonder people mess up their ESPP taxes. I've held some shares for 3+ years while others I sold right after the purchase period ended. Sounds like I'll be dealing with both qualifying and non-qualifying dispositions on the same tax return. Joy...

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Don't feel overwhelmed - you're not alone in finding ESPP taxes confusing! The key is to tackle it systematically. First, gather all your documents: Form 3922s from each purchase period, your purchase confirmations, and any 1099-B forms from sales. For each sale, you'll need to determine: 1) Was it a qualifying or non-qualifying disposition based on the holding period rules? 2) What's your correct cost basis (purchase price + any discount already taxed)? 3) What additional ordinary income needs to be reported for non-qualifying dispositions? I'd recommend creating a simple spreadsheet listing each sale with purchase date, offering date, sale date, purchase price, FMV at purchase, and sale price. This will help you see which sales are qualifying vs non-qualifying and calculate the tax treatment for each. If you're still feeling lost after organizing everything, consider consulting a tax professional who has experience with employee stock plans. The peace of mind is often worth the cost, especially when dealing with multiple years of ESPP participation.

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This is exactly the kind of step-by-step approach I needed! I've been putting off dealing with my ESPP taxes because it seemed so overwhelming, but breaking it down into those three key questions makes it feel much more manageable. The spreadsheet idea is brilliant - I'm going to set that up this weekend and organize all my paperwork. I think I have most of the documents you mentioned, but I'm realizing I might be missing some of my older Form 3922s from my first year in the program. Definitely going to reach out to my former employer's HR department to get copies of those before I start calculating everything. Thanks for the practical advice!

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I went through a very similar situation last year when I left my company and had ESPP shares to deal with. Here's what I learned that might help you: First, you're right that you won't get a W-2 from your former employer for the stock sales - that discount was already reported when you made the purchases while employed. You'll get a 1099-B from your brokerage instead. The tricky part is that many brokerages don't report the correct cost basis for ESPP shares on the 1099-B. They often miss the discount amount that was already taxed as ordinary income, which means you could end up paying taxes twice on that portion if you're not careful. Here's what saved me: I dug up all my old ESPP statements and Form 3922s (if your company issued them) to reconstruct the correct cost basis for each lot of shares. Your cost basis should be: what you actually paid + the discount that was reported as income on your W-2. For the sale timing, if you held the shares more than 1 year from purchase AND more than 2 years from the offering date, it's a qualifying disposition (better tax treatment). If not, you'll have additional ordinary income to report. I'd strongly recommend keeping detailed records and consider getting help from a tax professional if you have multiple purchase periods - it can get complex quickly, but it's definitely manageable with the right approach!

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This is incredibly helpful, Mohammad! I'm definitely in a similar boat - left my company about 3 months ago and just sold some ESPP shares. Your point about brokerages often getting the cost basis wrong is exactly what I was worried about. I think I have most of my ESPP statements saved, but I'm not sure if my company issued Form 3922s. How can I tell if they were supposed to provide those? And if they did but I can't find them, is there a way to request copies from my former employer even though I no longer work there? Also, when you mention "offering date" vs "purchase date" - I'm a bit confused about the difference. My company had 6-month purchase periods, so would the offering date be the start of each 6-month period and the purchase date be when they actually bought the shares at the end? Thanks for sharing your experience - it's really reassuring to know others have navigated this successfully!

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