So this is complete BS argument in my opinion
"In order for the restricted stock unit delivered in year 2 to vest, the employee must remain employed with the employer from the grant date (January 1 of year 1) through December 31 of year 2. During the two-year period the employee was required to work for the employer prior to the vesting of restricted stock units on December 31 of year 2 , the employee worked half of such time (262 work days in year 1 out of 524 total work days) in Colorado. As such, half of the income attributable to the shares delivered in year 2 is sourced to Colorado"
They are basically arguing that RSU, Stock Options with a vesting schedule is effectively a form of deferred compensation. And therefore, stuff that you got in second year is somehow tied to the work you did in first year which is why they keep on accounting from the time of grant. But if that was suppose to be true, then imagine if you got an offer letter that stated your salary would be YYYY total in 4 years with YYYY/48 over the next 48 months, would the same argument apply?
The problem with all of this is obviously the tax regime is written in a way to carefully craft around the minimal number of ppl to maximize their receipt. So in essence you don't get the impetus to correct the wrong. Also all the intermediaries handling your taxes wants to be on the safer side of this. Safer side of this almost always entails you picking up the tab 🙂
