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StellarSurfer

How do RSU vestings affect wash sales? Why didn't my recent vest trigger one?

I'm struggling to understand how RSUs and wash sales interact, even though I'm a CPA (though I don't work in tax specifically). Just read something today about RSU vests potentially triggering wash sales if you sold shares within 30 days before vesting, and I never considered this before. When I looked back at my activity this year, I noticed I sold some company RSUs about 15 days before another batch vested. I checked my Etrade account which usually tracks cost basis and wash sales pretty well, but I'm not seeing any wash sale indicators for these transactions. Shouldn't this have triggered a wash sale since I essentially "repurchased" company stock (through the vest) within 30 days of selling similar shares? Or does an RSU vest not count as a "purchase" for wash sale purposes? I'm genuinely confused about why this didn't flag in my account. Anyone dealt with this before or understand the rules better than I do? Thanks in advance!

Sean Kelly

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I'm a tax accountant who deals with this frequently. RSU vestings are indeed a bit tricky when it comes to wash sales, but there's a good reason you're not seeing it flagged. When RSUs vest, they're considered compensation income first, not a "purchase" in the traditional sense. You're being given shares as part of your compensation package - you're not actively buying them with previously owned money. This is why your RSU vest didn't trigger a wash sale against your previous sale. The wash sale rule specifically applies when you sell shares at a loss and then purchase "substantially identical" securities within 30 days before or after. Since the RSU vest is considered compensation rather than a purchase transaction, it typically doesn't activate the wash sale rule.

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Zara Malik

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But wait, I've definitely seen wash sales triggered by RSU vests on my tax forms before. Last year I sold some company stock at a loss about 20 days before my quarterly vest and it was definitely flagged as a wash sale on my 1099-B. Is there something about the specific circumstances that determines whether it counts or not?

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Sean Kelly

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You're right that in some circumstances RSU vests can trigger wash sales - it's not a universal rule. The key factor is often whether you're selling at a loss. If your original sale was at a gain rather than a loss, the wash sale rules don't apply at all, regardless of subsequent acquisitions. Another factor could be how your brokerage interprets and reports these transactions. Some brokerages might be more conservative in their reporting approach and flag potential wash sales even in cases where there's a technical argument they shouldn't apply. Your 1099-B might show a wash sale, but that doesn't always mean the IRS would view it the same way.

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Luca Greco

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After struggling with RSU tax complications for years, I found a tool that really helped me sort through these exact issues. Check out https://taxr.ai - they have an AI system that can analyze your trade confirmations and RSU documents to identify potential wash sales and other tax issues. I uploaded my Etrade statements and it flagged several transactions that could potentially be wash sales (including some RSU vestings that I wouldn't have considered). It explained exactly why some transactions triggered the rule while others didn't. Saved me hours of research and probably prevented an audit trigger.

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Nia Thompson

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Does it work with other brokerages too? I've got accounts with Schwab and Fidelity and always struggle with wash sale tracking across multiple platforms.

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I'm skeptical about trusting tax software with something this complex. How accurate is it really? My tax situation with RSUs and ESPP is super complicated and I've had CPAs give me different answers.

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Luca Greco

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Yes, it works with all major brokerages including Schwab and Fidelity. One of the best features is that it can identify potential wash sales across different brokerage accounts, which is something most people miss. I was skeptical too initially. What convinced me was that it shows its reasoning and cites the specific IRS rules it's applying. It's not just giving you a yes/no answer - it walks through the analysis step by step. I actually showed the results to my CPA and he confirmed the analysis was spot on. It's especially good with complex situations involving RSUs, ESPPs, and option exercises.

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I tried taxr.ai after seeing it mentioned here, and I'm honestly impressed. I've been dealing with RSU/ESPP headaches for years and couldn't figure out why some of my transactions were flagged as wash sales while others weren't. The tool analyzed my statements and explained that my April RSU vest didn't trigger a wash sale because I had sold my previous shares at a GAIN, not a loss. Wash sale rules only apply to loss transactions. It also identified two transactions that WERE wash sales that my brokerage had missed completely. Saved me a ton of stress and potentially an awkward conversation with the IRS. Worth checking out if you're dealing with these issues.

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Aisha Hussain

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If you need clarification directly from the IRS on how RSU vests impact wash sales in your specific situation, good luck getting through to them! I tried calling for weeks with no success. I eventually used https://claimyr.com and was able to speak with an actual IRS tax specialist in less than an hour. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that RSU vests can sometimes trigger wash sale rules depending on the specific facts and circumstances, but also explained the exceptions that might apply in my case. They helped me determine whether I needed to adjust my previous returns because of misreported wash sales.

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How does this even work? The IRS phone system is intentionally impossible to navigate. What's the catch?

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Ethan Brown

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Yeah right. I've been trying to get through to the IRS for months about a similar issue. No way this actually works - they're just going to take your money and you'll still be on hold forever.

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Aisha Hussain

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There's no special trick - they use a combination of automated systems to navigate the IRS phone tree and secure your place in line. When an agent becomes available, they call you back so you're connected right away. I was equally skeptical before trying it. The way it works is they have technology that keeps dialing and navigating the phone tree until they get through, then they transfer the call to you. I think they just have the computing power to keep trying that most individuals don't have the time for. I wasted hours trying on my own before using this service.

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Ethan Brown

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I take back what I said earlier. After struggling for literal months trying to reach someone at the IRS about my RSU wash sale question, I reluctantly tried Claimyr. Within 45 minutes I was speaking with an actual IRS tax specialist who walked me through the specifics of my situation. They confirmed that in my case, the RSU vest didn't count as a purchase for wash sale purposes because of how the shares were delivered to my account. Didn't think it would actually work but I'm glad I tried it. Finally got a definitive answer instead of conflicting opinions online.

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Yuki Yamamoto

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Something important that nobody has mentioned yet - the timing of when you "acquired" the RSUs matters too. If these were shares from a grant that was made more than 30 days before your sale, then the acquisition date for wash sale purposes isn't the vest date, but could potentially be the grant date. There's also the "substantially identical" test to consider. If your RSUs are for a different class of stock than what you sold, they might not trigger wash sales even if within the 30-day window.

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StellarSurfer

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Wait, really? I thought the acquisition date for RSUs is always the vesting date, not the grant date. Do you have any resources or references about the grant date being used for wash sale purposes? That would change my understanding completely.

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Yuki Yamamoto

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I should clarify my comment - the grant date doesn't apply for wash sale purposes. You're right that the acquisition date for RSUs is the vesting date when the shares are actually delivered to you. That's when you take ownership and recognize income. What I was thinking of is a different scenario involving options, not RSUs. With certain stock options, there can be arguments about when the "acquisition" happens for wash sale purposes. But with standard RSUs, the vesting date is what matters. My apologies for the confusion.

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Carmen Ruiz

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Maybe this is a dumb question, but did you check if your RSU sale was actually at a loss? Wash sale rules only apply when you sell at a loss and then repurchase within 30 days. If you sold at a gain (even a small one), wash sale rules wouldn't apply at all.

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This is the most likely explanation! I've seen so many people get confused about wash sales when they don't apply at all because the initial sale wasn't at a loss.

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This is a great question that highlights how complex RSU taxation can be! As someone who's navigated similar confusion, I think the key insight from the discussion so far is that wash sale rules only apply to losses, not gains. But here's another angle to consider - even if your sale was at a loss, RSU vests can sometimes avoid triggering wash sales due to the "compensation vs. purchase" distinction that Sean mentioned. The IRS has generally treated RSU vests as compensation events rather than voluntary stock purchases. That said, I've noticed some brokerages are becoming more conservative in their wash sale reporting, especially with company stock transactions. They might flag potential wash sales even in borderline cases to avoid underreporting issues. For future reference, it's worth tracking not just the timing but also the exact share lots and cost basis of your RSU sales versus vests. Sometimes what looks like a wash sale on the surface doesn't actually meet all the technical requirements when you dig into the details.

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This is really helpful context, especially the point about brokerages being more conservative with their reporting. I'm curious though - when you mention tracking "exact share lots," how do you handle situations where RSUs vest as whole shares but you might have sold fractional positions from previous vests? Does the wash sale rule apply differently when the quantities don't match exactly? Also, have you found that different brokerages handle RSU wash sale reporting differently? I'm wondering if I should be doing my own calculations rather than relying on what shows up on my 1099-B.

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Great question about fractional shares and brokerage differences! In my experience, the wash sale rule applies based on the number of shares involved, not necessarily requiring exact quantity matches. If you sold 50 shares at a loss and then vest 100 shares within 30 days, the wash sale would typically apply to 50 shares (the lesser amount). For fractional shares specifically, most brokerages will round to determine wash sale applicability, but the exact methodology can vary. Some use a "substantially all" standard where small fractional differences don't prevent wash sale treatment. Regarding brokerage differences - absolutely! I've seen significant variations in how different platforms handle RSU wash sale reporting. Fidelity tends to be more conservative and flags borderline cases, while E*Trade (now Morgan Stanley) sometimes misses cross-account wash sales entirely. Schwab falls somewhere in the middle. My recommendation is definitely to do your own calculations and not rely solely on 1099-B reporting. I keep a spreadsheet tracking all my company stock transactions with dates, quantities, and cost basis. When tax time comes, I compare my analysis to what the brokerage reports and make adjustments on my return if needed. The IRS ultimately cares about the correct tax treatment, not what your brokerage happened to report.

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Sean Flanagan

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This is exactly the kind of detailed guidance I was hoping for! The spreadsheet approach sounds like the way to go. I'm definitely going to start tracking all my company stock transactions more systematically. One follow-up question - when you mention making adjustments on your return if your analysis differs from the 1099-B, do you typically use Form 8949 for those corrections? And have you ever had the IRS question discrepancies between your reported wash sales and what the brokerage showed on the 1099-B? I'm a bit nervous about overriding what the brokerage reports, even if I think my analysis is more accurate. Want to make sure I'm not setting myself up for unnecessary scrutiny.

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