26 U.S. Code § 423 - Employee stock purchase plans
2017—Subsec. (b)(5). Pub. L. 115–97, § 13603(c)(1)(B)(i), struck out “and” before “the plan” and inserted “, and the rules of section 83(i) shall apply in determining which employees have a right to make an election under such section” before semicolon at end.
Subsec. (d). Pub. L. 115–97, § 13603(c)(1)(B)(ii), added subsec. (d)
2014—Subsec. (a). Pub. L. 113–295 struck out “after December 31, 1963,” after “option granted” in introductory provisions.
2004—Subsec. (c). Pub. L. 108–357 inserted at end of concluding provisions “No amount shall be required to be deducted and withheld under chapter 24 with respect to any amount treated as compensation under this subsection.”
1990—Subsec. (a). Pub. L. 101–508, § 11801(c)(9)(D)(i), struck out “(other than a restricted stock option granted pursuant to a plan described in section 424(c)(3)(B))” after “December 31, 1963”.
Subsec. (a)(2). Pub. L. 101–508, § 11801(c)(9)(D)(ii), substituted “424(a)” for “425(a)”.
Subsec. (b)(3). Pub. L. 101–508, § 11801(c)(9)(E), substituted “424(d)” for “425(d)”.
1986—Subsec. (b)(4)(D). Pub. L. 99–514 substituted “highly compensated employees (within the meaning of section 414(q))” for “officers, persons whose principal duties consist of supervising the work of other employees, or highly compensated employees”.
1984—Subsec. (a)(1). Pub. L. 98–369 substituted “6 months” for “1 year”, applicable to property acquired after June 22, 1984, and before Jan. 1, 1988. See Effective Date of 1984 Amendment note below.
1976—Subsec. (a)(1). Pub. L. 94–455, § 1402(b)(2), provided that “9 months” would be changed to “1 year”.
Pub. L. 94–455, § 1402(b)(1)(E), provided that “6 months” would be changed to “9 months” for taxable years beginning in 1977.
Amendment by Pub. L. 115–97 applicable to stock attributable to options exercised, or restricted stock units settled, after Dec. 31, 2017, see section 13603(f)(1) of Pub. L. 115–97, set out as a note under section 83 of this title.
Secretary of the Treasury or his delegate to issue before Feb. 1, 1988, final regulations to carry out amendments made by section 1114 of Pub. L. 99–514, see section 1141 of Pub. L. 99–514, set out as a note under section 401 of this title.
For provisions that nothing in amendment by Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title.
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.
Written determinations for this section
These documents, sometimes referred to as "Private Letter Rulings", are taken from the IRS Written Determinations page; the IRS also publishes a fuller explanation of what they are and what they mean. The collection is updated (at our end) daily. It appears that the IRS updates their listing every Friday.
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- Employee Stock Purchase Plans : 2005-11-25
- Employee Stock Purchase Plans : 2004-04-30
- Employee Stock Purchase Plans : 2003-02-14
- Employee Stock Purchase Plans : 2002-11-01
- Employee Stock Purchase Plans : 2002-10-11
- Spin-Off : 2001-09-28
- Million Dollar Cap - Executive Employee Compensation : 2001-09-28
- Employee Stock Purchase Plans : 2001-09-28
- Nonqualified Stock Options : 2001-09-28
- Stockholder Approval : 2001-09-28
- Change in Identity, etc. Type F : 2001-09-28
- Employee Stock Purchase Plans : 2001-01-12
- Employee Stock Purchase Plans : 2000-11-17
- Employee Stock Purchase Plans : 2000-04-21
- Employee Stock Purchase Plans : 1999-12-03
- Employee Stock Purchase Plans : 1999-08-06
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