Are RSUs Taxed When Vested?
The claim in question is whether Restricted Stock Units (RSUs) are taxed when they vest. This is a common query among employees who receive RSUs as part of their compensation packages. Understanding the tax implications of RSUs is crucial for financial planning, yet the specifics can be complex and vary based on individual circumstances.
What We Know
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Taxation at Vesting: RSUs are generally taxed as ordinary income at the time they vest. This means that the fair market value of the shares at vesting is included in the employee's taxable income for that year 39.
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Reporting on W-2: Employers are required to report the value of vested RSUs on the employee's W-2 form, which reflects the fair value of the stock at the time of vesting 5.
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Capital Gains Tax: After vesting, if the employee sells the shares, any profit made from the sale is subject to capital gains tax. The rate depends on how long the employee holds the shares after vesting 69.
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FICA Taxes: In addition to income tax, FICA (Federal Insurance Contributions Act) taxes, which fund Social Security and Medicare, also apply at vesting. Employers typically withhold these taxes at the time of vesting 14.
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IRS Guidance: Recent IRS guidance clarifies that RSUs are considered income when they vest, and specific rules apply regarding the timing and nature of taxation 4.
Analysis
The claim that RSUs are taxed upon vesting is supported by multiple sources, including tax advisory firms and financial education platforms. For instance, Cordant Wealth explicitly states that RSUs are taxed as income when they vest, and the IRS has issued guidance confirming this 34.
However, the credibility of these sources varies. For example:
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Tax Advisory Firms: Sources like Cordant Wealth and KPMG provide professional insights but may have a vested interest in promoting tax planning services. Their information is generally reliable but should be cross-referenced with independent tax authorities or government publications.
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Financial Education Websites: Websites like Investopedia and TurboTax are widely used for financial education and tax information. They often provide accurate and well-cited information, but users should be cautious of potential biases in how they present tax strategies 27.
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IRS and Government Publications: The most reliable sources for tax information are official IRS publications and guidance. These documents are authoritative but can sometimes be complex and difficult to interpret without professional assistance 4.
Methodological Concerns
While the consensus among sources is that RSUs are taxed at vesting, there are nuances that could affect individual tax situations. For instance, the treatment of RSUs may differ based on state tax laws, the employee's income level, or specific company policies regarding RSU grants.
Additionally, the timing of tax withholding and reporting can vary, leading to potential pitfalls if not managed correctly by employers 1. This complexity underscores the importance of consulting a tax professional for personalized advice.
Conclusion
Verdict: True
The evidence supports the conclusion that Restricted Stock Units (RSUs) are indeed taxed as ordinary income at the time they vest. Key points leading to this verdict include the requirement for employers to report the fair market value of vested RSUs on W-2 forms and the IRS's guidance confirming that RSUs are treated as income upon vesting.
However, it is important to note that individual circumstances can introduce complexities, such as variations in state tax laws and specific company policies. The nuances of tax treatment may affect how RSUs impact an employee's overall tax situation.
While the consensus is clear, the available evidence does have limitations, particularly regarding the variability in individual tax situations and the potential for mismanagement of tax withholding by employers. Therefore, readers are encouraged to critically evaluate this information and consider consulting a tax professional for personalized advice.
Sources
- When are Restricted Stock Units (RSUs) Taxable? Avoid this Mistake + FAQs. Tax Shark. https://taxsharkinc.com/when-are-restricted-stock-units-taxable/
- How Restricted Stock and Restricted Stock Units (RSUs) Are Taxed. Investopedia. https://www.investopedia.com/articles/tax/09/restricted-stock-tax.asp
- RSU Taxes Explained + 4 Tax Strategies for 2023. Cordant Wealth. https://www.cordantwealth.com/rsus-tax-saving-and-hedging/#:~:text=RSUs%20are%20taxed%20as%20income%20to%20you%20when%20they%20vest,capital%20gain%20(or%20loss).
- IRS Issues Guidance on Taxation of Restricted Stock Units to Employees. Wagner Law Group. https://www.wagnerlawgroup.com/blog/2023/08/irs-issues-guidance-on-taxation-of-restricted-stock-units-to-employees-working-in-united-states-and-abroad/
- Stock-based compensation: Tax forms and implications. The Tax Adviser. https://www.thetaxadviser.com/newsletters/2024/jan/stock-based-compensation-tax-forms-and-implications/
- RSU Tax 101: How Restricted Stock Units Are Taxed. Pulley. https://pulley.com/guides/rsu-tax
- How to Report RSUs or Stock Grants on Your Tax Return. TurboTax. https://turbotax.intuit.com/tax-tips/investments-and-taxes/how-to-report-rsus-or-stock-grants-on-your-tax-return/L55yZieu0
- Timing of employment taxes for RSUs under current SEC settlement. KPMG. https://kpmg.com/us/en/articles/2023/grs-timing-employment-tax-rsu.html
- Restricted Stock Units (RSUs): Everything You Need to Know. Harness Wealth. https://www.harnesswealth.com/articles/what-you-need-to-know-about-restricted-stock-units-rsus/
- RSUs: A Guide to Understanding Restricted Stock Units. Facet. https://facet.com/equity/understanding-restricted-stock-units-rsus-taxes-vesting-schedules-pros-cons/