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Disqualifying Disposition (Employee Stock Purchase Plan)

In a Section 423 employee stock purchase plan, this is a sale, gift, or exchange of shares within two years from the subscription or enrollment date or within one year from the purchase date. (Compare this to an ESPP qualifying disposition.) Upon a disqualifying disposition, the employee recognizes taxable ordinary income, and the company is entitled to claim a deduction, equal to the excess of the fair market value on the purchase date over the purchase price. For details about the tax treatment arising from a disqualifying disposition, see the section ESPPs: Taxes elsewhere on this website.

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