Can we keep our US Vested RSUs when moved back to a different country ( Non US Citizen or Non GreenCard Holder )

[Raj2310]

Hello ,

I stayed in US for over 10 years. During this period, my company gave some RSUs. These are already vested and in my brokerage account.

Planning to move back to India permanently early next year. Below are my questions. Appreciate your guidance

1. Can we continue to keep those RSUs and sell them in future from India OR is it better to sell them now and not worry about complex taxation.

2. What are the tax implications when sold them from India after few years of return to india. Will they be taxed in India or US

[pk]

@Raj2310 , 

(a) Can you continue to hold the vested RSUs even when you have abandoned your GreenCard and live abroad ----  YES

(b)  Is there any tax advantage  in  selling these  here in the US as opposed to sell these later  in India -----  Depends  on  the  then exchange rate and if these stocks are listed in India.   If these stocks are  tradeable  ONLY in US ( like OTC stocks ), then you have to  sell these through your broker in the USA, considered as US sourced income and be taxed both in India  and US.   Note  that as  NRA ( Non-Resident Alien ) the tax rate may be the flat 30%. -- depends on the  tax treaty.

(c) Note that being a Long-Term Resident, when you file for abandoning  your residency  ( I-407 , I think ) you also have to file a  form 8854  to cancel your Tax Residency.    IRS may want you to pay  tax on the gain of these RSUs till date  ( thus increasing your basis ).

Please this from the IRS --->   Expatriation tax | Internal Revenue Service (irs.gov).

Is there more I can do for you ?

Namaste ji

pk

[Raj2310]

Thanks @pk 

[pk]

@Raj2310 , if I have satisfied your query, please consider up marking or tell me what more I can do to earn it  --- we are volunteers here helping other users

Namaste ji

pk