Form 1099-B - Restricted Stock Units and Backup Withholding | TaxAct (2024)

Restricted stock units (RSUs) are a form of compensation generally taxed at the time of vesting. They differ from employee stock options, which are usually taxed at the time of option exercise.

Your employer is required to withhold taxes as soon as the RSUs become vested.

If you made an IRC section 83(b) election, you will be taxed and have withholding at the time the stock is transferred to you.

There are three options once the stock vests:

  1. A same-day sale of all the stock. You receive the cash left over after subtracting withholdings.
  2. Sell to cover. The employer sells just enough shares to cover the tax withholding and you keep the remaining shares and can sell them whenever you want. (Often an employer automatically uses this option.)
  3. Cash transfer. The employee covers the required tax withholding amount with cash. If you pay over the amount of cash to cover withholding, then all of the shares belong to you and they can be sold whenever you want.

In all three options, the employer will include the total value of the vested RSU shares in Box 1 of your W-2, along with the amount of your normal wages.

Your basis in all vested shares you receive is the amount included on your W-2 as income plus any amount you had to pay for the shares.

Withholding federal and state taxes

The employer is required to withhold both federal and state taxes. This withholding will be reflected on your W-2 along with your normal withholding. Do not enter any withholding on Form 1099-B in TaxAct®, since it is already reflected on your W-2.

Your basis in all vested shares you receive is the amount included on your W-2 as income plus any amount you had to pay for the shares.

Receiving Form 1099-B for options 1 and 2

If the RSUs fall into the first or second option, you’ll receive a Form 1099-B reporting the total sales proceeds for the number of shares sold. (You may receive a 1099-B for option 3 if you sold any of the shares during the current tax year.)

Enter the date sold and total sales proceeds from the 1099-B you received into your TaxAct return (see Entering in Program – Form 1099-B).

For the date acquired, enter the date the shares vested (or enter "various" if you sold shares that vested at different times). However, if you made an election under IRC section 83(b) to include the value of the stock in your income in the year it was transferred to you rather than the year it will be substantially vested, the holding period would start on the date you received the stock.

What to enter for cost or other basis

This is the amount included in income for the number of shares sold, as well as any amount per share you had to pay. For options 1 and 2 above, your entry for cost will generally be the same as the amount reported as sales proceeds. Since the stock is sold on the same day it vested, all income is reported on your W-2, so no income (gain/loss) should be reported when entering the 1099-B information. Other 1099-B information must still be reported in TaxAct and is transmitted to the IRS with your return.

Determining how your stock was transferred: You may need to talk with your employer or plan administrator to determine how your stock was transferred and what amounts are reported on your W-2.

Form 1099-B - Restricted Stock Units and Backup Withholding | TaxAct (2024)

FAQs

What are restricted stock units on a 1099-B? ›

Receiving Form 1099-B for options 1 and 2

If the RSUs fall into the first or second option, you'll receive a Form 1099-B reporting the total sales proceeds for the number of shares sold. (You may receive a 1099-B for option 3 if you sold any of the shares during the current tax year.)

How do I avoid double tax on my RSU? ›

Some investors opt to sell their RSUs right away, before they have an opportunity to gain or lose value. It is a savvy way to minimize these capital gains taxes and avoid RSUs being taxed twice.

How do I report RSU tax withheld? ›

Form W-2 (or 1099-NEC if you are a nonemployee) Your W-2 (or 1099-NEC) includes the taxable income from your award. Form W-2 shows the taxes that have been withheld. This form is provided by your employer. Form 1099-B This IRS form has details about your stock sale and helps you calculate any capital gain/loss.

How do I report backup withholding on 1099? ›

If your Form 1099 shows an amount withheld under the backup withholding rules, report the amount as federal income tax withheld on your income tax return for the year you received the income.

What is an example of a restricted stock unit? ›

For example, a company may grant 300 RSUs that vest over three years, so each year the employee receives 100 shares of the stock. A year after the grant date, the employee would own 100 shares of the stock, with 200 shares remaining unvested.

What should I do with my restricted stock units? ›

When an employee receives Restricted Stock Units, they have an interest in the company's equity, but the units have no tangible value until they vest. Once the RSUs vest, the employee can keep, sell, or transfer the shares, just like any other stock. Companies use RSUs as a form of employee compensation or bonus.

Why do I owe taxes on RSU? ›

RSUs: RSUs are generally taxed as ordinary income at the time of vesting based on the fair market value of the shares on that date. Employees are responsible for paying income tax (and employment taxes) on the value of the vested RSUs. Any subsequent capital gains from selling the shares are taxed as capital gains.

How to avoid getting double taxed on employee stock purchase plan? ›

To avoid double taxation, the employee must use Form 8949. The information needed to make this adjustment will probably be in supplemental materials that come with your 1099-B.

Why am I taxed twice on stocks? ›

Double taxation occurs when a corporation pays taxes on its profits and then its shareholders pay personal taxes on dividends or capital gains received from the corporation.

Why are RSUs taxed twice? ›

This often happens when Form 1099-B isn't properly completed, and the tax advisor doesn't know the shares were a form of equity compensation. If overlooked, you might pay ordinary income taxes on the vesting date and again when you sell the shares.

Do you have to pay tax on restricted stock units? ›

A: RSUs are subject to tax under the Federal Insurance Contributions Act (FICA), which is comprised of the old-age, survivors, and disability insurance taxes, also known as social security taxes, and the hospital insurance tax, also known as Medicare tax (collectively referred to as payroll tax), for employees with a ...

How are RSU treated in income tax? ›

Tax Implication on Sale of RSU Holdings

If an employee sells his/her RSU holdings, any profit made on that transaction is considered a capital gain. The capital gain is taxable as per its period of holding. The tax is applicable irrespective of whether those shares are listed on the Indian stock exchange.

What do I put for backup withholding? ›

Payers
  1. Calculate backup withholding; 7% of nonwage payment.
  2. Four specific pay periods and due dates of the applicable tax year: Payment period. Due date. ...
  3. Annually: Domestic Pass-Through Entity: Submit Pass-Through Entity Withholding Return (Form 592-PTE )

How do I claim backup withholding? ›

Credit for backup withholding

If you had income tax withheld under the backup withholding rule, report the federal income tax withholding (shown on Form 1099 or W-2G) on your return for the year you received the income.

What does backup withholding mean for dummies? ›

Backup withholding is a tax that is levied on investment income, at an established tax rate, as the investor withdraws it. For payments not subject to withholding, payers are required to withhold the tax.

Do you pay taxes on restricted stock units? ›

RSUs: RSUs are generally taxed as ordinary income at the time of vesting based on the fair market value of the shares on that date. Employees are responsible for paying income tax (and employment taxes) on the value of the vested RSUs. Any subsequent capital gains from selling the shares are taxed as capital gains.

Are restricted stock units considered income? ›

Restricted stock units are considered income once vested, and a portion of the shares is withheld to pay income taxes. The employee then receives the remaining shares and has the right to sell them.

Are restricted stock units taxable income? ›

A: RSUs are subject to tax under the Federal Insurance Contributions Act (FICA), which is comprised of the old-age, survivors, and disability insurance taxes, also known as social security taxes, and the hospital insurance tax, also known as Medicare tax (collectively referred to as payroll tax), for employees with a ...

What are restricted stock units and W-2? ›

If you have RSUs the amount should be shown in box 14 of your W-2 copy. This amount should also be included in the wages (box 1) of your W-2. Box 14 is used by employers to list various items and there is not a standard list of codes, you can use the options for "Other Not Listed Here" in place of RSU Gain.

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