RSU Vesting tax withholding

[vidhan_d]

Hi,

I moved from India to US and I see that units equivalent to India highest tax bracket rate are being withheld by my broker from every RSU vesting (the RSUs were granted when I was in India for the same company), now since I am not India tax resident, can I claim the tax refund for these units in the US or do I have to claim the refund in India while filing my India tax return?

[pk]

@vidhan_d , Namaste

First , there is not sufficient information  on how to answer your question with any specificity.

Need to know , when did you join you company in the USA; Is this is first entry within the last five years if not need the dates  on entry and exit; what visa ( H2 or L or what ) ;  when were these RSUs granted and the vesting period  ( three years or five or what ); why are these  RSUs held by your broker  and where ( India or USA ); Perhaps name of the company would help -- what we are looking for is -- this is a multinational  or an Indian entity with branches in other countries; are the RSUs  in the name of a holding company  ( perhaps US or Europe ) or an Indian company; are these shares traded publicly and if so where ?

Please could you help by answering these Qs -- will circle back once I hear from you .

pk

[TomD8]

Assuming the RSU's were withheld to pay taxes, were those taxes paid to the IRS, or to the tax authority in India?  Did you receive a W-2 showing the RSU vesting?  Did you receive a 1099-B showing the shares sold for taxes?

[pk]

@TomD8 , there will be NO W-2  or 1099-B for the period the poster was in India  and if the RSUs were issued in India , under its tax laws. Think we need the exact facts and circumstances because homolgation of two different  tax systems  ( & tax years )  would necessitate keeping  these events separated and dealt with strcit adherence to two diff. systems.  We need more info for sure.

Happy July 4th  and  therefater

pk