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Keisha Jackson

Understanding ESPP Disqualified Sales and Cost Basis Reporting on Tax Forms

I need some help figuring out how to handle ESPP sales in FreeTaxUSA. This is my first time dealing with this, and I'm a bit overwhelmed. I sold 8 lots of ESPP shares in 2022, all within days of acquiring them, so they're disqualifying dispositions. I know this makes the tax situation more complicated than qualified dispositions. I have my 1099-B and some supplemental info from my employer about the discount I received when purchasing the shares. From what I understand, the discount portion needs to be reported as ordinary income, and then I need to figure out the correct cost basis for the actual sale. FreeTaxUSA has fields for all this information, but I'm not sure if I'm entering everything correctly. The form asks for acquisition date, sale date, proceeds, and cost basis. Should I be using the fair market value on purchase date as my cost basis? And how do I make sure I'm not double-taxed on the discount portion? Any guidance would be greatly appreciated! I want to make sure I'm not overpaying or setting myself up for an audit.

When dealing with ESPP disqualifying dispositions, you're right that it gets complicated quickly! Here's how to handle it: The discount you received when purchasing ESPP shares is considered compensation income and should already be included in your W-2 wages (Box 1). For the stock sale itself, you need to report it on Schedule D and Form 8949. For cost basis, you should use what you actually paid for the shares plus the discount amount that was already included in your W-2. This ensures you're not double-taxed on the discount. If your 1099-B doesn't reflect this adjusted basis (many brokers don't), you'll need to make an adjustment on Form 8949. In FreeTaxUSA, enter each lot separately. For each transaction, input the sale date, proceeds (from 1099-B), and then for cost basis, use your purchase price plus the discount already taxed as ordinary income. Mark it as "adjustment needed" if the 1099-B shows a different basis. Since you held the shares for only a few days, any gain or loss beyond the discount amount will be short-term capital gain or loss.

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Thanks for the explanation. What if my 1099-B shows a lower cost basis than what I should be using? Do I just add the difference and select "B" as the adjustment code in FreeTaxUSA? Also, how do I verify that the discount was actually included in my W-2? My employer provides some supplemental tax info - would that show it?

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Yes, if your 1099-B shows a lower cost basis, you would select code "B" in FreeTaxUSA and add the difference between the reported basis and your correct basis (purchase price plus the discount amount). This tells the IRS you're not trying to avoid taxes but are correcting what was reported on the 1099-B. To verify the discount was included in your W-2, check the supplemental tax information from your employer. It should specifically state that the ESPP discount amount is included in your W-2 wages. Some employers also provide a specific breakdown showing the discount amount for each purchase. If you're still unsure, your final pay stub of the year might also show year-to-date totals that include the ESPP discount as taxable income.

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After spending hours trying to figure out my own ESPP tax situation last year, I finally found https://taxr.ai and it was a game-changer. Their system analyzed my 1099-B, employer supplemental statements, and automatically calculated the correct cost basis for my disqualified ESPP sales. I was making the mistake of double-counting my discount (it was already in my W-2 but I was subtracting it again). The tool flagged this right away and explained exactly how to enter it in FreeTaxUSA. It even showed me which adjustment codes to use on Form 8949. Seriously saved me from what would have been a significant reporting error and potential audit trigger. The peace of mind was worth it after struggling with this for years.

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How does it work with multiple brokers? I have ESPP from my current job through E*Trade but also have leftover shares from a previous employer through Fidelity. Would it handle both or do I need to run them separately?

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Sounds interesting but I'm skeptical. How is this different from just reading the IRS instructions? I'm not comfortable uploading my tax docs to some random website. Does it actually look at your specific documents or just give generic advice?

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It works with multiple brokers simultaneously - you just upload all your documents and it identifies which are from which source. I had both Fidelity and Morgan Stanley docs, and it handled them correctly, distinguishing between the different ESPP plans and their rules. For your question about security, I had the same concern initially. They use bank-level encryption and don't store your documents after analysis. It's not just generic advice - it specifically reads your actual 1099-Bs and supplemental statements, identifies the purchase dates, sale dates, discount percentages, and gives you personalized guidance for your exact situation. The IRS instructions are helpful but don't tell you exactly what numbers to enter for your specific case.

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I was skeptical about taxr.ai but decided to try it after continuing to struggle with my ESPP reporting. Wow, I'm glad I did. The system immediately spotted that my broker had reported the wrong cost basis on my 1099-B (they didn't account for the discount already included in my W-2). It showed me exactly which numbers to enter in FreeTaxUSA and explained why the adjustment was needed. The analysis even pointed out that two of my lots had slightly different discount calculations due to a company policy change mid-year, which I hadn't caught. Definitely saved me from a reporting headache and possibly an audit. Worth checking out if you're dealing with ESPP sales.

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If you're still having trouble after figuring out your cost basis, you might want to try calling the IRS directly for guidance. I know it sounds crazy, but I was able to get through and get specific advice on my ESPP situation last year using https://claimyr.com - they hold your place in the IRS phone queue and call you when an agent is about to answer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was on hold for hours trying to get clarification on some confusing ESPP reporting instructions before I found this service. The IRS agent actually walked me through exactly how to report my disqualified disposition and what codes to use on Form 8949. Sometimes getting official guidance is worth it for complicated tax situations like this.

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How long did you have to wait? I've heard horror stories of people waiting on hold with the IRS for 4+ hours only to get disconnected.

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This sounds too good to be true. Why would the IRS help with preparing your return? My experience is they just tell you to read the instructions or hire a professional. Did they actually give specific advice on how to handle your specific ESPP transactions?

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I only waited about 15 minutes after I got the call back. The service estimates your wait time and then calls you when you're about 2 minutes away from reaching an agent, so you don't have to stay on the phone for hours. The IRS representative was surprisingly helpful for my specific question. You're right that for general questions they often direct you to publications, but for procedural questions like "What adjustment code do I use on Form 8949 when my 1099-B doesn't include the ESPP discount in the cost basis?" they do provide specific guidance. They won't prepare your return, but they will clarify how to properly report specific types of transactions. I had my documents in front of me and asked very specific questions about the form codes and where certain amounts should be reported.

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I was skeptical about calling the IRS for help with my ESPP reporting, but after struggling with multiple disqualifying dispositions, I decided to try Claimyr. I'm shocked at how well it worked and how helpful the IRS agent was. I got a call back within an hour and the agent spent almost 20 minutes with me reviewing the correct way to report my ESPP sales with misreported cost basis on the 1099-B. They confirmed exactly which adjustment codes to use on Form 8949 and explained how to properly document everything to avoid triggering an audit flag. I've been doing my own taxes for years but always avoided calling the IRS because of the horror stories about wait times. This completely changed my perspective on getting official help when tax situations get complicated.

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One important thing to remember with ESPP disqualifying dispositions: the taxable benefit (discount) is reported as ordinary income, not capital gains. I made this mistake my first time and had to file an amended return. When you receive the shares, your company should include the discount amount (difference between what you paid and fair market value) as part of your W-2 income. When you subsequently sell the shares, you only report the difference between your sale price and the fair market value on the purchase date as capital gains. Make sure your cost basis in FreeTaxUSA reflects the fair market value on purchase date, not what you actually paid. The difference has already been taxed as ordinary income.

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Wait, I'm confused. The previous comments said to use (what I paid + the discount) as my cost basis. But you're saying to use just the fair market value on purchase date. Aren't those the same thing? Or am I missing something?

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You're right to be confused - I didn't explain that clearly. Let me clarify: The fair market value (FMV) on purchase date and (what you paid + discount) should mathematically be the same number. For example, if the FMV was $100 per share, and you got a 15% discount, you paid $85 per share. Your cost basis should be $100 ($85 you paid + $15 discount that's already included in your W-2). Both methods get you to the same place - I just find it easier to think of it as using the FMV as basis since that's usually clearly stated on the supplemental tax form from employers. The key is making sure you're not double-taxed on the discount amount.

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Has anyone used the "Gain/Loss import" feature in FreeTaxUSA for ESPPs? I have about 25 lots I sold last year and manually entering each one would be torture.

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I tried that feature but it doesn't handle ESPP adjustments correctly. It imports the basis exactly as reported on the 1099-B, which for ESPPs is usually wrong since it doesn't account for the discount reported on your W-2. I ended up having to manually adjust each one anyway.

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