• Wash Sales

    From Stuart O. Bronstein@21:1/5 to All on Sat Feb 4 13:05:01 2023
    Does anyone know if vesting of Restricted Stock Units is considered a re-purchase of stock for wash sale purposes? An employee wants to sell
    some stock that has vested, and it would be sold at a loss. But within
    30 days he will have RSUs that vest. Is that considered a wash sale?

    Thanks.

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    http://DownToEarthLawyer.com


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  • From Alan@21:1/5 to Stuart O. Bronstein on Sun Feb 5 19:04:29 2023
    On Saturday, February 4, 2023 at 10:09:11 AM UTC-8, Stuart O. Bronstein wrote:
    Does anyone know if vesting of Restricted Stock Units is considered a re-purchase of stock for wash sale purposes? An employee wants to sell
    some stock that has vested, and it would be sold at a loss. But within
    30 days he will have RSUs that vest. Is that considered a wash sale?

    Thanks.

    --
    Stu
    http://DownToEarthLawyer.com

    I would think so. I'm not aware of any rule that would exclude RSUs. All other acquisitions of stock under some form of equity compensation are subject to the rule.
    If you do a search on wash sale rule and restricted stock units all the hits will tell tell you this.

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  • From Stuart O. Bronstein@21:1/5 to Alan on Mon Feb 6 12:18:29 2023
    Alan <tempuser@vacationmail.com> wrote:
    Stuart O. Bronstein wrote:

    Does anyone know if vesting of Restricted Stock Units is
    considered a re-purchase of stock for wash sale purposes? An
    employee wants to sell some stock that has vested, and it would
    be sold at a loss. But within 30 days he will have RSUs that
    vest. Is that considered a wash sale?

    I would think so. I'm not aware of any rule that would exclude
    RSUs. All other acquisitions of stock under some form of equity
    compensation are subject to the rule. If you do a search on wash
    sale rule and restricted stock units all the hits will tell tell
    you this.

    Thanks Alan. The real problem turned out to be that he has stock that
    becomes vested every month. As long as that is the case, selling stock
    in that same company will always come under the wash sale rule.


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  • From Tom Russ@21:1/5 to Stuart O. Bronstein on Mon Feb 6 16:51:59 2023
    On Monday, February 6, 2023 at 9:21:29 AM UTC-8, Stuart O. Bronstein wrote:
    Thanks Alan. The real problem turned out to be that he has stock that
    becomes vested every month. As long as that is the case, selling stock
    in that same company will always come under the wash sale rule.

    Two observations:
    (1) It only applies to stock sold at a loss. So if there are multiple lots to choose from, one could perhaps find ones with only a small gain and avoid
    the loss that triggers the wash sale.
    (2) If this is something that the RSU owner wants to do on an on-going basis, some of the plans allow one to immediately sell the shares on vesting. In that case, there would be $0 gain and again no loss.

    If one wants to get the benefit of the loss, then dealing with the wash sale will be required. This presumes that a much larger number of shares are
    being sold than the monthly vesting --- otherwise it doesn't make tax sense
    as the loss won't be allowed. But one should then time the sale so that there are only two vesting in the 60-day window instead of potentially 3 (like selling
    on January 30th for 1st of month vesting).

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  • From ira smilovitz@21:1/5 to Tom Russ on Mon Feb 6 19:24:29 2023
    On Monday, February 6, 2023 at 4:56:40 PM UTC-5, Tom Russ wrote:
    On Monday, February 6, 2023 at 9:21:29 AM UTC-8, Stuart O. Bronstein wrote:
    Thanks Alan. The real problem turned out to be that he has stock that becomes vested every month. As long as that is the case, selling stock
    in that same company will always come under the wash sale rule.
    Two observations:
    (1) It only applies to stock sold at a loss. So if there are multiple lots to choose from, one could perhaps find ones with only a small gain and avoid
    the loss that triggers the wash sale.
    (2) If this is something that the RSU owner wants to do on an on-going basis, some of the plans allow one to immediately sell the shares on vesting. In that
    case, there would be $0 gain and again no loss.

    That's not accurate. There is always a small gain or loss since there are either transaction costs or price fluctuations between the purchase and sale transactions.

    If one wants to get the benefit of the loss, then dealing with the wash sale will be required. This presumes that a much larger number of shares are
    being sold than the monthly vesting --- otherwise it doesn't make tax sense as the loss won't be allowed. But one should then time the sale so that there are only two vesting in the 60-day window instead of potentially 3 (like selling
    on January 30th for 1st of month vesting).

    If there are more shares being sold than are vesting, only the number of shares vesting are "washed" in the sale transaction. The loss on the remaining shares is allowed immediately (subject to there being no other acquisitions within the wash sale
    window).

    Ira Smilovitz, EA
    Leonia, NJ

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