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MG2001
New Member

RSU and Non Resident Alien

I have worked in USA but moved to India now and below is my situation:

 

Eg:  Lets say

2015:  Got 100 RSU Vested  (while resident in USA)  [some RSUs were withheld for taxes]

          (For 2015, I filed taxes for above vesting)

2020: Moved to India and filing taxes in India now

2024: If I sell these 100 RSU now and have Capital gain (of lets say $1000)

 

Since I am Non Resident Alien now,

     do I need to file tax return and pay taxes in USA on this Capital gain($1000)?

     (or)

     can I file this as part of my India Income Tax return filing?

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2 Replies
pk
Level 15
Level 15

RSU and Non Resident Alien

@MG2001 , cannot  answer without more info.  

Most importantly: 

 1.  Your own immigration status -- US citizen/GreenCard:  how about  Indian immigration status ( Indian citizen with US GreenCard etc )?

  2.  Your financial connection to US -- own property / bank accounts /  financial assets  etc/. ??

  3.   Your earnings in India  --- private / govt. ;  US entity or a branch thereof   OR Indian entity with no connection to the US  OR what ??

  4.    Whom issued the RSU ---- an Indian entity, a US entity while you were working in the USA,  an international entity ( i.e. entity in a third country and with no connection to US OR was this for work done in  the USA

   5.   When did you enter US, with what visa  and when did you leave the USA ?

 

AS you  can see from the above questions I am trying to understand the degree of your connection to the USA.

BTW -- if  the answers and the situation is going to not of interest to the general users, you are welcome to PM me  ( just NO PII -- Personally Identifiable Information )  

 

Look forward to answers 

 

Namaste ji, 

 

pk

 

MG2001
New Member

RSU and Non Resident Alien

Thanks for taking your time and replying...I also PM you... but keeping it here, in case its helpful for others in similar situation...

 

Additional info is as below:

 1.  Your own immigration status -- US citizen/GreenCard:  how about  Indian immigration status ( Indian citizen with US GreenCard etc )?

Was on H1B while in USA and now moved back to India

 

  2.  Your financial connection to US -- own property / bank accounts /  financial assets  etc/. ??

Don't own any property in USA.

Have a bank account with minimal balance in checking account.. planning to close this

Have stocks... 

 

  3.   Your earnings in India  --- private / govt. ;  US entity or a branch thereof   OR Indian entity with no connection to the US  OR what ??

 

In India, I am working for same company but Indian entity...

So have stocks with same company, which got vested while in USA and in India...

 

I have paid taxes on vestings ... when vested in US, filed taxes in USA and paid

for vesting in India, its on my Form16 and paying accordingly...

so taxes on vesting is already withheld and shown on respective forms and taxes filed accordingly

 

 

  4.    Whom issued the RSU ---- an Indian entity, a US entity while you were working in the USA,  an international entity ( i.e. entity in a third country and with no connection to US OR was this for work done in  the USA

 

while in USA, its issued by US entity.. 

 

   5.   When did you enter US, with what visa  and when did you leave the USA ?

H1B visa ...like i mentioned left around 2020

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