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Level 1
posted Mar 28, 2024 10:46:49 PM

Double trigger RSU treatment for California part year resident

Hi, here is my situation

1. I worked in the same company 2021-now. 2021-2022(24 months) in California, 2023(12 months) in Washington. So I was a partial-year California tax resident.

2. I have a couple rsu grants. let's say i have

- 100 RSU granted on 02/2021, vested at $0 price in 02/2022

- 120 RSU granted on 02/2021, vested at $0 price in 02/2023

After vest, the time-limit condition of RSU is removed.

3. The company then offers a settlement, where the price becomes $100 in 04/2023. At that time, the company did CA state wage calculation for RSU, CA state tax withholding etc.

 

Like a double trigger RSU, there are 'grant date, vest date, and a settlement date', the differences are when I receive the RSU, and the price. My question is

1. How do I calculate CA state wage for RSU? This number essentially goes into w2 box 16. CA FTB Documents did not mention 'double trigger' specifically. Do I use grant date and settlement date, and ignore vest date?

For example, for both RSU grants, I work 22 months in CA since grant, 4 months in WA since vest. So my CA state wage is (100+100)*$100*(22 months/26 months). Is this right?

2. The company's wage allocation was different from above and even if corrected, I won't be able to get a w2c before Apr 15th. If the above calculation is right, in Turbotax, should I import the original W2, and enter a different state wage amount in the state tax return portion? Or should I use original W2, and file amendment when w2c arrives?

3. I want to use Turbotax to file tax return, but I am wondering can/do I need to hire an account to back up No. 2?

4. If #1 is correct but the company disagrees and not issue w2c, what choice do I have? Is it possible that there theoretically can be different ways to calculate state wage and I need to stick with the company's calculation?

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