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taoj
Level 2

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

Hello,

What is the GA tax withholding requirement and taxation of the RSUs (Restricted Stock Units) that were granted while a taxpayer was a resident of GA who later moved to another state and are now vested when the taxpayer is in another state? Will GA still count some part of the vested RSUs while the taxpayer resides in another state as taxable income under GA (e.g. such as in CA law where the taxable amount is prorated by the time ratio counted from moving date divided by from vested date)? I cannot find the reference of this situation in the GA booklet, so if someone can give an answer or the relevant section in GA tax book, that would be great.


Thank you.

 

Note: A similar question was asked here https://ttlc.intuit.com/community/investments-and-rental-properties/discussion/a-grant-of-restricted..., but it is old (year 2014) and the reference to GA website no longer works.

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1 Best answer

Accepted Solutions
taoj
Level 2

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

Answering to myself: the accounting done is that the RSU is prorated, as similar to the way CA does.

View solution in original post

5 Replies

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

You can page the person who responded:

 

@RayW1 

 

However, the post is so old it is doubtful that person will respond.

TomD8
Level 15

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

Georgia Administrative Code Rule 560-7-8-.01 states:

 

"Compensation for personal services rendered by a non-resident wholly within this State is to be included in gross income although payment is received at a point outside this State or from a non-resident individual, partnership or corporation."

https://casetext.com/regulation/georgia-administrative-code/department-560-rules-of-department-of-re...

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
taoj
Level 2

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

Thanks! Just message the person.

taoj
Level 2

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

@Tom Just to confirm, when you said correct, you meant all vested income during out-of-GA is not GA taxable?

 

I think the issue here is "wholly within this State" where I am not sure how to intepret. Would the state consider the activity of receiving a vested RSU as partly happened during the time in GA? At least that's what the argument of CA would be -- that vested RSU is partly due to activity during in-state residence.

taoj
Level 2

GA RSUs taxation if granted during in GA and taxpayer later moved out of state

Answering to myself: the accounting done is that the RSU is prorated, as similar to the way CA does.

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