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Restricted stock awards can be a complex topic, especially when it comes to taxes. You'll be required to pay taxes on the fair market value of the stock on the date it vests.
The tax implications of restricted stock awards depend on the type of stock and the company's policies. For example, if the stock is subject to a performance-based vesting schedule, you may have to pay taxes on the stock as soon as it vests, even if you haven't sold it yet.
Generally, you'll be taxed on the fair market value of the stock on the date it vests, which is usually the date it's granted. However, if the stock is subject to a performance-based vesting schedule, the tax implications can be more complex.
What Are RSUs and How Do They Work?
Companies offer RSUs as a form of equity compensation to incentivize and acknowledge employees' contributions to the company's performance.
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RSUs give employees the right to receive company stock after fulfilling certain conditions, such as staying with the company for a certain number of months or years or achieving specific performance goals.
A restricted stock unit has no tangible value until it vests. This means the employee does not own the actual shares at the time of the grant.
The value of these RSUs is tied to the company's stock performance, meaning they increase in value as the company's stock price rises.
Upon vesting, RSUs convert into regular shares that employees can sell or retain.
Taxation of RSUs
Taxation of RSUs is a straightforward process, but it's essential to understand the basics. Upon vesting, RSU recipients must pay ordinary income tax on the total value of their shares.
The tax is based on the fair market value (FMV) of the stock on the vesting day, which is the value at which the shares can be bought or sold. This means if you sell your vested RSUs immediately upon vesting, you're taxed on the FMV of the stock at that time.
You can use various strategies to manage your RSU taxes, including selling RSUs upon vesting, holding onto them for long-term capital gains, donating them to charity, or adjusting tax withholdings with Human Resources (HR).
Are RSUs Taxed Twice?
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RSUs may have two separate taxable events, but this doesn't qualify as double taxation. Double taxation happens when a single source of income is taxed twice, which sometimes occurs with stock dividend income.
The first taxable event is when the RSUs vest, which means you no longer have the risk of forfeiting shares back to the company. This is when the shares are taxed as ordinary income, similar to a bonus or other compensation.
The second taxable event occurs when you sell the shares after they've vested. You'll only be taxed on the increase in value since the shares vested, which is considered a capital gain.
Here's a breakdown of the two taxable events:
- Vesting: ordinary income tax on the total value of the shares
- Selling the shares: capital gains tax on the increase in value since vesting
Note that RSU vesting and delivery dates typically occur on the same day, but not always. If there's a delivery lag, the fair market value on the delivery date will determine the amount of taxable income.
Cost Basis for Stock Options
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The cost basis for stock options is typically the exercise price plus any brokerage fees or commissions. This is a crucial factor in determining how much you gained or lost from the sale of stock.
To calculate the cost basis for stock options, you'll need to know the exercise price and any fees associated with the transaction. For example, if you exercised an option with a price of $50 and paid a brokerage fee of $5, your cost basis would be $55.
This information is essential for accurate tax filing, as it helps you avoid paying more taxes than necessary.
Vesting and Award
Your restricted stock award (RSA) vests, and now you need to understand what happens next. Your employer will deliver shares to you.
Ordinary income taxes and FICA taxes will be withheld from your award, similar to how they withhold taxes from your regular paycheck. This means you'll see a W-2 from your employer at tax time, reporting the award amount and taxes withheld.
As a contractor, you'll likely get a 1099-NEC form instead of a W-2. This form will also report the income from your award.
Unvested RSUs are not considered taxable income and don't trigger any tax liability, so you won't pay taxes on them until they vest.
Reporting and Timing
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Upon vesting, you'll need to pay ordinary income tax on the total value of your RSU shares.
The tax bill is based on the fair market value (FMV) of the stock on the vesting day. If you sell your vested RSUs immediately, you'll be taxed on that FMV.
To report capital gains or losses from selling your RSU shares post-vesting, you'll need to calculate the difference between the FMV at the time of vesting and the sale price of the shares.
This calculation is a simple subtraction: FMV at vesting minus sale price equals gain or loss. You'll report this gain or loss on Schedule D and Form 8949 of your tax return.
Here's a quick rundown of the reporting process:
RSU Reporting Timing
You'll need to report your RSU gains or losses on your tax return. This is usually done on Schedule D and Form 8949.
The reporting timing for RSU gains or losses is tied to the sale of your vested shares. If you sell your vested RSUs immediately upon vesting, you'll be taxed on the fair market value (FMV) of the stock on the vesting day.
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You'll need to calculate the difference between the FMV at the time of vesting and the sale price of the shares. This is a straightforward calculation, but it's essential to get it right.
Here's a simple step-by-step guide to reporting your RSU gains or losses:
- Calculate the difference between the FMV at the time of vesting and the sale price of the shares.
- Report this gain or loss on Schedule D and Form 8949 of your tax return.
Reporting RSU Gains or Losses
Reporting RSU gains or losses requires some careful planning and record-keeping. You'll need to calculate the difference between the fair market value (FMV) of the shares at the time of vesting and the sale price of the shares.
To do this, you'll need to report any capital gains or losses on your tax return, specifically on Schedule D and Form 8949.
Here's a step-by-step guide to reporting RSU gains or losses:
- Calculate the difference between the FMV at the time of vesting and the sale price of the shares.
- Report this gain or loss on Schedule D and Form 8949 of your tax return.
Keep in mind that if you sell your vested RSUs immediately upon vesting, you'll be taxed on the fair market value (FMV) of the stock on the vesting day.
If you hold onto your RSUs for more than a year after vesting, any future realized gains will be taxed as long-term capital gains, which are generally taxed at a lower rate than short-term capital gains.
Taxes Management Strategies
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Managing RSU taxes can be a complex process, but there are several strategies that can help reduce your overall tax liability and improve financial outcomes.
Selling RSUs upon vesting is one strategy to consider. This involves selling the vested RSUs and paying taxes on the gain immediately. By doing so, you can potentially reduce your tax liability in the long run.
You can also hold onto RSUs for long-term capital gains, which may result in a lower tax rate. However, this strategy requires patience and a long-term perspective.
Donating RSUs to charity is another option for tax management. This can provide a tax deduction for the fair market value of the RSUs, which can be beneficial for those who itemize their deductions.
Adjusting tax withholdings with Human Resources (HR) can also help manage RSU taxes. This involves adjusting the amount of taxes withheld from your paycheck to ensure you're not overpaying or underpaying taxes on your RSUs.
Here are some tax management strategies to consider:
- Selling RSUs upon vesting
- Holding onto RSUs for long-term capital gains
- Donating RSUs to charity
- Adjusting tax withholdings with Human Resources (HR)
Treaties and Their Impact
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Tax treaties can directly affect the taxation of RSUs by determining which country has the right to tax the income and at what point.
These treaties can help individuals avoid being taxed twice on the same RSU income.
Tax treaties are bilateral agreements that outline tax obligations for individuals and businesses with dual residency or citizenship.
Their impact on RSU taxation can be significant, so it's essential to understand how they work.
Calculating and Liability
Calculating your tax liability on restricted stock awards can be a complex process, but let's break it down step by step.
You'll need to consider federal ordinary income tax, which is based on your tax bracket. For example, if you're a Michigan resident in the 22% federal ordinary income tax bracket and you receive $10,000 in restricted stock units, your federal tax liability would be $2,200.
State tax will also come into play, with Michigan having a flat income tax rate of 4.25%. So, if you receive $10,000 in restricted stock units, your state tax liability would be $425.
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FICA tax is another factor to consider, which is 7.65% of the value of the restricted stock units. In our example, that would be $765.
Adding all these taxes together gives you your total tax liability, which in this case would be $3,390. This means you'd only receive $6,610 instead of the entire $10,000.
It's also worth noting that if you hold onto the stock rather than selling it, you may be subject to capital gains tax. For instance, if the stock value increases to $11,000 after a one-year holding period, you'd have a $1,000 capital gain, and at the 15% long-term capital gains tax bracket, your tax liability would be $150.
Election and Withholding
You have two main options for managing your RSU taxes: making a 83(b) election or adjusting your tax withholdings.
You can use a 83(b) election to report the stock award as ordinary income in the year it's granted, which might be beneficial if you expect to make more income in the future or think the stock will be worth more when it vests.
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However, you only have 30 days from the grant date to file an 83(b) election on IRS Form 15620, so be sure to act quickly.
Adjusting your tax withholdings with your HR or benefits department is another option, which involves having additional taxes withheld from your paycheck to cover the tax liability from your vested RSUs. This can help you pay estimated tax payments throughout the year and avoid underpayment penalties.
Adjusting Withholdings
Adjusting your tax withholdings is a great way to manage your RSU taxes. You can do this by working with your HR or benefits department to have additional taxes withheld from your paycheck.
This strategy can help you pay estimated tax payments throughout the year by withholding enough to cover your total tax liability and avoid underpayment penalties.
83(b) Election
You have 30 days from the grant date to file an 83(b) election on IRS Form 15620, which must be mailed to the IRS. Keep a copy of the form for your records and send a duplicate copy to your employer.
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The 83(b) election allows you to report the stock award as ordinary income in the year it's granted rather than the year it vests. This may be beneficial if you anticipate making significantly more income in the future or you think the stock could be significantly higher when it's vested.
You can use a 83(b) election for Restricted Stock Awards (RSAs) and Performance Stock Awards (PSAs), but not for Restricted Stock Units (RSUs) or Performance Stock Units (PSUs). Discuss the benefits and drawbacks with a qualified tax advisor to see if a 83(b) election makes sense for your situation.
By making a 83(b) election, you'll pay ordinary income tax on the fair market value of the award in the year it was granted. For example, if you were granted $10K of company stock, you'd pay ordinary income tax on the fair market value of the award in the year it was granted.
The 83(b) election establishes the cost basis of the stock award at the time of granting rather than at vesting. Therefore, upon sale, you would pay capital gains taxes, which can be short or long-term depending on whether the time between granting and vesting is less or more than one year.
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If you don't vest, you'll be left having paid taxes upfront that cannot be reclaimed. Completing the calculation (estimation) at the time of granting is complicated by numerous variables, including the stock price movement, the employee tax bracket in each of these tax years, and changes to ordinary and capital gains taxation rates.
Common Misconceptions and Bottom Line
Restricted stock awards can be a complex topic, and there are several common misconceptions about how they're taxed. One of the most significant misconceptions is that RSUs are only subject to federal income tax and capital gains, but in reality, they can affect the entirety of your taxes.
Despite their growing popularity, RSUs can be overwhelming to manage, especially when it comes to taxes. RSUs can incentivize employees to stay with a company for the long haul, but it's essential to understand how they can impact your taxes.
Here are some key tax considerations to keep in mind:
- Financial Planning (45)
- Retirement (17)
- Taxes (17)
- Giving (5)
- Due Diligence (2)
Common Misconceptions
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One common misconception about RSUs is that they're not taxed until you sell the stock. However, this isn't always the case.
RSUs are taxed as ordinary income when they vest, regardless of whether you sell the stock or not.
Many people assume that RSUs are only taxed when you sell the stock, but this can result in significant tax implications when you receive the stock.
The tax rate on RSUs is determined by your ordinary income tax rate, which can be 10%, 12%, 22%, 24%, 32%, 35%, or 37%.
You might think that RSUs are a great way to avoid taxes, but the reality is that they're taxed as ordinary income when they vest, just like wages.
The Bottom Line
Many people think that RSUs are a straightforward benefit, but the reality is that they can be overwhelming.
Taxes on restricted stock are a major concern, and it's easy to focus solely on federal income tax and capital gains. However, there's more to it than that.
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Understanding how restricted stock affects your taxes is crucial, as it can impact your entire tax situation.
RSUs can have a significant impact on your financial planning, with 45% of the article focusing on this very topic.
If you're considering RSUs, it's essential to think beyond just taxes and consider how they fit into your overall financial picture.
Frequently Asked Questions
How do you account for restricted stock awards?
Restricted stock awards are taxed as ordinary income on the vesting date, when the stock can be transferred or sold by the grantee. This date marks the recognition of the income, which is subject to ordinary income tax.
Sources
- https://www.schwab.com/learn/story/rsu-taxes-and-psu-taxes
- https://www.onedayinjuly.com/restricted-stock-awards
- https://viewpoint.pwc.com/dt/us/en/pwc/accounting_guides/income_taxes/income_taxes__16_US/chapter_17_income_ta_US/175_income_tax_accou_US.html
- https://facet.com/equity/rsu-taxes-calculations-reporting-strategies/
- https://www.exchangecapital.com/wealthy-street-academy/educational-articles/how-are-restricted-stock-units-rsus-taxed
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