Investors & landlords

"I thought I could rollover the ESPP like I did with my 401K."

A 401(k) is a retirement program so that can be rolled into IRA, but an ESPP isn't a retirement program and can't be rolled in a similar fashion.

 

"I would need to move that contribution out of my IRA as well if it means my contributions exceeded the 14K limit - correct?"

 

I would say that's correct but I'm not sure at all if the "capital gains" - which I'm guessing is the compensation created by what your employer considered to be a disposition - can be ignored.  You might want to get some local qualified help here for that.  It could be that the money does need to be recognized as compensation at the time of the transfer and that compensation would add to your out of pocket cost for the shares.  If it does then there might be a way to ask the IRS to not require that treatment because you made an honest mistake, but that almost certainly would require some local assistance.