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
Stuart O. Bronstein wrote:
Does anyone know if vesting of Restricted Stock Units isI would think so. I'm not aware of any rule that would exclude
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?
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.
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 stockTwo observations:
in that same company will always come under the wash sale rule.
(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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