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Selling ESPP shares more than a year after leaving the company

Hi.  When I was employed and I would sell my ESPP shares the difference between my buy price and the market price at the time of purchase would show up on my W-2 as ordinary income in the year I sold the shares.  I would have to adjust my cost basis so I wouldn't get double taxed.   I have since left the company and waited for over a year to sell them, so that it would be a long term capital gain.

 

1) My question is since I have separated from the company for over a year and have no income from the company in the current tax year will they still provide me a W-2 with the only entry being that cost difference or will I need to add it as other income? 

2) If I don't get a W-2, would I enter the cost difference between the buy price and the market price at the time of share purchases in other income on my 1040? 

 

I understand that the difference between the price at time of purchase could be a long term capital gain or long term capital loss depending on the sale price.  Thanks.

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Selling ESPP shares more than a year after leaving the company

On second thought, the other way this might be handled is I no longer have to do a adjustment on my cost basis since I'm not getting doubled taxed.  It isn't apples to apples as I'm now looking at it as a long term investment, instead of ordinary income, but it might be good enough for the IRS.  I think it all comes down to if I get a W-2 or not even thought I did not work for the company for the entire year.  Thoughts?

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