|
Posted by Alan on February 3, 2009, 8:22 pm
Please log in for more thread options Alan wrote:
> sndobo@gmail.com wrote:
>> Hi ,
>>
>> I apologize in advance if this question has already been answered . I
>> searched for the
>> possible answer to my question , but could not find it .
>> I was awarded 100 shares ( rsu ) of XYZ , they vested on 05/05/2008
>> and
>> 40 of them were sold right away to cover the taxes . I was left with
>> 60 XYZ wich I
>> did not sell. This income was included in my W2 form .
>>
>> My question is , do I need to report/file anything on my tax return
>> this year ?
>>
>> Thanks and your answer is appreciated
>>
>> sndobo
>>
> Based on your fact statement, I will assume that the company plan for
> restricted stock units (RSU) required the issuance of stock on the date
> of vesting. You sold 40 shares in order to obtain the cash to pay taxes
> on the amount added to your W-2 as wages.
>
> You sold a capital asset and you have to report the sale of 40 shares on
> Form 1040 Schedule D. It is a short term sale. Your proceeds are what
> you received for the 40 shares. Your cost basis is the amount of income
> added to your W-2 for those 40 shares. Usually the sale uses the same
> FMV as was used to generate your compensation and your Schedule D would
> not show any gain (cots of 40 shares equals the proceeds from selling
> those 40 shares). In fact, it might show a slight loss due to some fees
> or commissions you had to pay.
>
> It is possible that the amount of compensation added to your W-2 used a
> slightly different FMV than the price you sold at. E.g., this could
> happen if the plan called for the compensation to be based on the
> closing price at the day before. You would have to ask this question to
> whomever handled the transaction. You should have received some
> paperwork that explained this.
>
I received the following e-mail from another person using poor
etiquette and not posting it to the newsgroup:
Question:
I am in this exact same situation, EXCEPT, if I were given
Restricted Stock instead of Restricted Stock Units, would your
answer be different?
Answer:
No. But for the future, issuance of restricted stock allows you
to make a Section 83(b) election within 30 days of grant. This is
not available to employees who receive RSUs.
To learn about the 83(b) election see:
http://www.fairmark.com/execcomp/sec83b.htm
--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>
|