squirrelbat
Returning Member

Restricted Stock Units double-taxed by Canada and US

I was working in Canada until Sep 2020 before transferring to the US (same company) on a L1 visa. I have Restricted Stock Units (RSUs) that were granted while I was employed in Canada. They were vested after my transfer to the US. According to my employer's payroll department, the US tax law is the full vested amount is subject to US tax deduction on the vesting date. And the Canadian tax law is to withhold tax on the portion between the grant and transfer dates. So essentially I was double taxed on the latter amount.

 

The amount of days I spend in the US is substantially less than 6 months in the last 3 years. So I am a non-resident alien as far as the US tax law goes. Should I file Foreign Tax Credit along with a 1040-NR? Obviously, I want to get back the amount that I was double-taxed.