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A grant of restricted units from a previous employer vested and paid from a state where I am no longer a resident - I was at the time of the grant. Where do I owe taxes?

I left a GA company in 2014 and moved to Minnesota.  In 2015, I earned income from my previous GA employer for RSU's that vested in 2015.  GA state taxes were withheld on this income.  I was not a GA resident for any part of 2015 although at the time of the grant (2012) I was a full-time resident of GA.  Is this RSU income taxable in the state of GA (residence when the RSU's were granted in 2012) or in my new state of residence (residence when the RSU's vested)?  Thanks a bunch!

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2 Replies
RayW1
New Member

A grant of restricted units from a previous employer vested and paid from a state where I am no longer a resident - I was at the time of the grant. Where do I owe taxes?

ANSWER

No, this would not create GA income in 2015.  MN will tax this income.  

You will want to file a non-resident return to retrieve the GA withholding.  Please note a common state strategy is to push back on such a filing.  So, be ready for some questions. 

Assuming you did not make an 83(b) election in 2012, there would be no GA income in 2012.

Please note you used the term restricted units and RSU.  These terms are often used interchangeably.  However, restricted units and RSUs have different tax treatments.  RSU are not eligible for 83(b) election.

ADDITIONAL RESOURCES

You can view the Georgia residency FAQ for additional information.

taoj
Level 2

A grant of restricted units from a previous employer vested and paid from a state where I am no longer a resident - I was at the time of the grant. Where do I owe taxes?

I have a similar situation. The RSU was granted while in GA but now I have moved to another state.

 

The FAQ link does not work -- maybe it was old. Is there an updated one or the reference for how GA calculated RSU granted in the past after moving out-of-state?

 

Thank you.

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