My 3922 box 1 shows a grant date of 1-4-16, but my trade confirmation shows an offering period of 1-1-16. I sold the shares on 1-4-18, is this a qualified disposition?

[HardQuestion]

ESPP My employer counted this as qualifying because the offering date of 1/1/16 and the selling date of 1/4/18 is > than two years.  When I enter it into turbotax it uses the 3922 grant date of 1/4/16 and calculates it <= to two years, thus it says disqualifying.  Which way is correct?

[TomYoung · Accepted solution]

A qualifying disposition is a sale that occurs after you've held the stock for more than a year and the trade date is more than two years after the grant date, so what's "correct" here depends entirely on the grant date.  So the two different grant dates are producing two different results. 

You certainly should be able to rely on how your employer views the sale and personally I wouldn't hesitate to enter the sale as qualifying.  Frankly, and this is a pure GUESS, the IRS just isn't going to take issue with that 3 day difference.

Tom Young