How long is the holding period?

Does the holding period for RSU grants for long-term capital gains tax rates start at the issuance of the RSU or at the time the RSU vests?

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  • Answer:

    The value of the RSUs will be taxed to you as ordinary income upon vesting and transfer of shares.  You will need to wait one year from that point to obtain capital gain treatment on the shares.  The tax basis of the shares will be the fair market value upon vesting.

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The capital gains holding period doesn't start until you receive the stock on the settlement of the RSU. An RSU is just a contractual right to receive shares of stock if you satisfy the conditions to receive the shares. An RSU is not a capital asset. The shares underlying the RSUs are capital assets. But those those are not delivered until you satisfy the contractual conditions underlying the RSU, entitling you to receive shares of stock. This does not constitute legal advice and you should consult a tax advisor with respect to your individual circumstances.

Joe Wallin

The holding period for a capital asset (here stock) does not start till you own it. In the case of RSUs, the holding period starts when they get converted to stock on vesting date. At vesting date - When the RSUs get converted to stock they are income and are taxed at ordinary income rates. Held after vesting date - If held for more than one year ‘after the vesting date,’(usually happens when employee is expecting a company stock price increase) and then sold, the gain from it will be taxed at long-term capital gain rates.

Arushi Bhandari

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