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(If you are a US citizen or green card holder, you pay US tax on all your worldwide income no matter where you are living according to all the usual rules. It seems from your question that you might not be a US citizen.)
If you are not a US citizen or green card holder, and you live overseas in 2022 (less than 182 days in the US) you are a non-resident alien and you file a form 1040-NR. You only pay US income tax on US-sourced income. Likewise, as a CA non-resident, you pay CA income tax on your CA-source income.
Your RSUs are US source income to the extent you worked in the US between the granting and vesting dates. For example, suppose the RSUs were granted July 1, 2019, and you continue to work for the employer, you leave the US on 12/31/21, and you sell the RSUs on 6/30/2022. Since you lived and worked 5/6th of the vesting time in the US, 5/6th of any income will be considered US-source and be subject to US tax on a 2022 form 1040-NR.
https://www.jdsupra.com/legalnews/globally-not-so-mobile-employees-17014/
The stockbroker may be required to withhold up to 30% of any sales proceeds, if you are a non-resident alien. You would get credit for this withholding on your tax return which would probably generate a tax refund. You will want to check with the stockbroker before you make the sale.
It depends. When you receive an RSU, you don't have any immediate tax liability. You only have to pay taxes when your RSU vests and you receive an actual payout of stock shares. At that point, you have to report income based on the fair market value of the stock.
In addition, if you sell your shares of stock after receiving, you may need to pay taxes on the sale of the stock. The amount of tax is dependent on three things according to this article from Turbo Tax.
The amount of tax that the IRS or the State of California may take will depend on whether it will be taxed on ordinary income or the capital gains rate depending on the nature of the transaction.
[ Edited 12/28/21| 03:29 PM PST]
HI
Thanks For getting back.
Here is the situation:
1. currently i am in USA and my rsus are longterm[holding them from 3 years]
2. i am moving out from usa to india on dec 30th.
3. say i sell the rsus from india in 2022 and i make 100k profit( long term gains) and i dont have any other income in USA
how will this amount be taxed in USA. how much will fed and ca hold?
I don’t think you answered the question.
(If you are a US citizen or green card holder, you pay US tax on all your worldwide income no matter where you are living according to all the usual rules. It seems from your question that you might not be a US citizen.)
If you are not a US citizen or green card holder, and you live overseas in 2022 (less than 182 days in the US) you are a non-resident alien and you file a form 1040-NR. You only pay US income tax on US-sourced income. Likewise, as a CA non-resident, you pay CA income tax on your CA-source income.
Your RSUs are US source income to the extent you worked in the US between the granting and vesting dates. For example, suppose the RSUs were granted July 1, 2019, and you continue to work for the employer, you leave the US on 12/31/21, and you sell the RSUs on 6/30/2022. Since you lived and worked 5/6th of the vesting time in the US, 5/6th of any income will be considered US-source and be subject to US tax on a 2022 form 1040-NR.
https://www.jdsupra.com/legalnews/globally-not-so-mobile-employees-17014/
The stockbroker may be required to withhold up to 30% of any sales proceeds, if you are a non-resident alien. You would get credit for this withholding on your tax return which would probably generate a tax refund. You will want to check with the stockbroker before you make the sale.
thank you @Opus 17
will check with stock broker
@Opus 17 I think the question is about RSU's that have vested already, not about yet-to-be-vested RSUs. Let me lay it out:
Employee is an alien with no US green card who is working in US since Jan 2017
RSU's were granted on 1 Jan 2018
All RSU's were vested on 1st Jan 2019 and employee paid income tax in the US
Employee relocates from US to India on 1st Jan 2021 (2 years after vesting of RSUs) i.e. becomes a non-resident alien
He sells his vested RSUs on 1st Jan 2022 ( 3 years after vesting of RSUs - but he's in Europe now )
Question - where / how will the capital gains be applicable - India or US? Will US broker withhold any tax? Employee does not have any other source of income in US.
*Correction - employee is in India now - at the time of selling his vested RSU's in 2022
@vip_indian wrote:
@Opus 17 I think the question is about RSU's that have vested already, not about yet-to-be-vested RSUs. Let me lay it out:
Employee is an alien with no US green card who is working in US since Jan 2017
RSU's were granted on 1 Jan 2018
All RSU's were vested on 1st Jan 2019 and employee paid income tax in the US
Employee relocates from US to India on 1st Jan 2021 (2 years after vesting of RSUs) i.e. becomes a non-resident alien
He sells his vested RSUs on 1st Jan 2022 ( 3 years after vesting of RSUs - but he's in Europe now )
Question - where / how will the capital gains be applicable - India or US? Will US broker withhold any tax? Employee does not have any other source of income in US.
I don't have the time to look this up for you, sorry. @pk is the best foreign tax person on this board.
However, by coincidence, I was recently reading about New York State income, and the IRS might follow the same rule.
In your situation, suppose you paid $0 for the stock in 2018, it vested in 2019 at $10 per share, and you sell it in 2022 at $15 per share. And suppose you were a New York State resident until 2020 and then moved to another state. New York would consider the value at vesting to be NY source income for state income tax ($10 per share), but the capital gains in 2022 ($5 per share) wouldn't be NY source income.
If we assume that principle applies to the IRS for federal taxes, then you owe US tax on market value at vesting (2019) but the capital gains in 2022 is not US-source income. (Because a gain on stocks in a US company that are sold by a non-resident alien is not considered US-source income.)
You should have paid income tax on the market value in 2019, so the gain now is not US income.
I assume capital gains are taxed in India, but I don't know anything about Indian tax laws.
Your US broker may be required to withhold up to 30% of the proceeds. You may qualify for reduced withholding if there is a tax treaty with India and you file a form W-8BEN with the broker. This is outside my area of expertise so hopefully someone else can help with this, or call the broker and see what they say. If taxes are withheld, you would file a form 1040-NR at the end of the year to report that the income was not US-source and get your withheld amount back as a refund.
Thanks @Opus 17
I am hoping that IRS should follow the same logic as NY state. But tax guys have their own ways 🙂
Will wait for @pk 's expert thoughts on this.
@vip_indian , generally agreeing with comments by @Opus 17 ---- just a few points here
1. This seems to be an old thread and I don't know if OP is going find this useful h, however:
2. Need to recognize that RSU ( Restricted Stock Units ) are treated as "delayed" salary/bonus with one or two trigger mechanisms with first being required service length before vesting. Thus Grant is a promise to pay while vesting is delivery of stock at the current valuation ( market or otherwise).
3.Therefore and generally vesting of the promised shares would trigger a taxable income of the active kind i.e. it is subject to FICA regulations. On this I am unclear if OP had already included this in-kind payment / bonus in his filing for the year when vesting took place ( 2019 ? ).
4. Once the stocks are delivered to the grantee, then this is like any other stock owned i.e it is a passive income item -- dividends and any gain/loss on disposition is a taxable earning ( either ordinary or capital). This is as far as the US taxation goes.
5. If the owner of the asset moves abroad ( tax home abroad) and is not a US person ( citizen/Green Card / Resident for tax purposes), the earnings would still be US sourced , owned by a Non-Resident Alien, taxed at the fixed 30% and the broker would be required to withhold federal taxes .
6. This is generally the reason why many tax professional suggest that a a resident for tax purposes , before leaving the USA ( i.e. becoming an NRA ) should go through some planning / pruning of investment accounts. This is because and especially in case of India, the dividend income ( article 10 ), interest income ( article 11) and capital Gains ( article 13 ) may all be taxed by both jurisdictions -- there are some limits ( dividend @15% ) and carve outs, especially for immovable assets. So I would strongly suggest that OP have a discussion with a knowledgeable tax professional or a financial adviser familiar with US-India treaty.
7. As far a CA goes, per publication 1006 and generally in line with IRS view of life, the value of vested shares per period need to be allocated based on the number days that were worked in CA. It is a somewhat contorted view because it assumes that all the tranches of the grant were partially or wholly earned during the work period while in CA -- thus assuring that CA gets a cut even if the beneficial owner left CA and continued to earn time towards vesting.
Bottom line of all the above is that (a) the vesting of the shares / award trigger a W-2 type of earnings based on the FMV of the shares on the date of vesting; (b) Dividends earned thereafter are treated as passive income for NRA and taxed by both jurisdictions ( with limit ); (c) disposition will trigger gain/loss based on basis at vesting and will be taxed by both jurisdictions; (d) tax planning is a good idea in such cases. I am assuming here that the OP did not exercise section 83(f) {??} option to recognize valuation at grant date and that there is still time to do some planning.
I apologize for delay in responding
pk
Hello @satya-pat
I am planning my India return and in the same situation. Could you please let me know what happened on this situation
@Raj2310 , after having read through my above response , is there more I can do for you ?
Namaste ji
pk
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